Facts, not fear
Re: "Thai senator's 'live executions' proposal panned", (BP, Jan 29).
Senator Angkhana Neelapaijit duly condemns, on the grounds of justice and human rights, the recent proposal by a fellow senator to bring in public executions for drug crimes.
However, Senator Amat Ayukhen is right that drugs are harmful, both to society and to users. The senator is also correct that decades of repeating the same proven failure have reliably resulted in a repetition of the failure to reduce drug harm to society and users. That solid record of failure is not, in fact, a good reason to keep repeating the same policy, let alone intensify such a proven failure. Sane, moral societies do not do that. Justice does matter. But reality, the set of relevant facts, also matters.
There are a range of drugs apart from alcohol in popular recreational use, such as ecstasy and cannabis through ya ba and heroin. These widely used drugs are not equally harmful to their users or society. Since just law requires that like acts be treated alike, drug policy needs to be evidence-based. In the case of drugs, the only justification for criminalising drug A whilst leaving drug B legal is that drug A is overall demonstrably more harmful to society and users than drug B. This cannot be based on personal observation, newspaper reports of horrors committed under the influence of ya ba, alcohol or whatever, nor is a gut feeling good enough: those are just euphemisms for uninformed prejudice.
Justice requires that the statistics for each drug's harms and benefits be set out in a table so that, line by line, the relative harms to society and users of each drug on a variety of relevant criteria.
Since alcohol is the most widely accepted and likely most widely used drug in society, it would seem sensible to make the overall harm number for that drug the standard. If a drug's evidence-based harm is equal to or below the number for alcohol, justice requires that the sale and use of that drug for adults be similarly legal; if the number is higher than that for alcohol, it may justly be criminalised. Otherwise, the law fails to treat like acts alike; it is unjust.
So far as I know, this has not been done for Thai society's drug use: the evidence-based statistical comparison does not seem to exist. That means that everyone held in a Thai prison on a drug charge is there unjustly.
It is worth noting that when those studies have been done for drug harms in other countries, alcohol has been found to be the most harmful drug overall when harm to users and society is taken into account. This is what the famous study led by Professor David Nutt found in 2010, as published in the highly respected medical journal The Lancet -- "Drug harms in the UK: a multicriteria decision analysis" (Nutt, King & Phillips, 2010, Nov 6). When the same evidence-based analysis was done on drug use in Australia, the findings were similar: alcohol was found to be the most harmful. This is reported in "The Australian drug harms ranking study" (Bonomo et al, 2019, The Journal of Psychopharmacology). Bonomo and her team also did a further analysis, taking into account the relatively high prevalence of alcohol use in Australian society, which left unaltered their overall conclusion that alcohol was the most harmful drug in popular recreational use.
If alcohol is the most harmful drug to Thai society and its users, then it can only be unjust to imprison the users or sellers of those currently criminal drugs if the alcohol companies' executives are not similarly treated by the law.
As it stands, only two groups clearly benefit from the decades of failed drug policy, not excluding Thaksin's murderous "war on drugs" that killed thousands to the shameful applause of the ignorance-driven, get-tough mob. Those two beneficiary groups of prevailing drug policy are the criminal gangs getting rich by supplying popularly demanded products and those employed in lucrative jobs at the Office of the Narcotics Control Board and related agencies, who, from understandable self-interest, favour the existing policy.
What are the objective, verifiable statistics that justify criminalising any drug by demonstrating it to be overall more harmful to society and users than alcohol is?