Court Dismisses Petition for Inquiry into Uyghur Deportation Petitioner Asserts Status as Lawful Stakeholder for the Benefit of Detainees under Anti-Torture Act, Plans to Appeal

Today (February 27, 2025) at 4:00 PM, the Criminal Court on Ratchadaphisek Road dismissed the petition filed by Prakaidao Phurksakasemsuk, Deputy Executive Director of the Cross Cultural Foundation (CrCF), requesting an urgent inquiry into the deportation of Uyghur detainees. The court ruled that the petitioner does not qualify as a “person acting for the benefit of the victims” under Section 26 (6) of the Prevention and Suppression of Torture and Enforced Disappearance Act, B.E. 2565 (2022). However, the petitioner maintains that their petition aligns with the Act and intends to file an appeal.

This afternoon, Prakaidao, accompanied by lawyers from CrCF, filed a petition under Section 26 of the Anti-Torture and Enforced Disappearance Act, citing evidence indicating the forced deportation of 48 Uyghur individuals. The Criminal Court dismissed the petition, ruling that only individuals qualifying under Sections 26 (1) to (6) of the Act have the right to submit such petitions. Furthermore, individuals claiming that someone is unlawfully detained must meet the criteria under Section 90 (1) to (5) of the Criminal Procedure Code. The court found that while CrCF is recognized as a human rights organization, it does not have the legal authority to act on behalf of the victims. The court also noted that CrCF primarily focuses on cultural cooperation, concluding that the foundation does not qualify under the law. Consequently, the petition was dismissed.

The petition was filed under Section 26 of the Anti-Torture and Enforced Disappearance Act, which allows “any person acting for the detainee’s interest ” to submit a petition to a local criminal court or court of justice having the power to try criminal cases if there is reason to believe that someone has been subjected to torture, cruel treatment, or enforced disappearance, requiring the court to issue an order to end such circumstance immediately. Additionally, under Section 29, “any person” who witnesses or has knowledge of such acts is obliged to promptly report the incident to the relevant authorities without delay.

Porpen Khongkachonkiet, Director of the Cross Cultural Foundation, stated:

“Our petition was fully in line with the Anti-Torture and Enforced Disappearance Act. The 48 Uyghur individuals are the victims under this law, as reports confirm they have already been deported to China. Even though we were not directly authorized by the Uyghur detainees, the law clearly states that if someone is being tortured, degraded, or forcibly disappeared—even temporarily, as we now know they are in China—any person acting for the victims’ interest can request a judicial inquiry.”

“We are disappointed with the court’s decision to dismiss the petition. However, we still have the opportunity to file an appeal, with stronger legal arguments. This responsibility falls on NGOs, human rights organizations, lawyers, and individuals close to the case to step forward. We believe that an appeal is necessary to ensure that the judiciary fulfills its role in protecting the rights and freedoms of the people.”

The Cross Cultural Foundation urges the media and the public to closely monitor this case. Thailand has binding obligations under international human rights and refugee law and has been elected as a member of the United Nations Human Rights Council for the 2025-2027 term. The outcome of this case will significantly impact Thailand’s international standing regarding its commitment to upholding human rights and complying with international law.