พระราชบัญญัติป้องกันและปราบปรามการทรมานและการกระทำให้บุคคลสูญหาย

Civil societies looking forward the enforcement of The Act on Prevention and Suppression of Torture and Enforced Disappearance

Civil societies looking forward the enforcement of The Act on Prevention and Suppression of Torture and Enforced Disappearance

After waiting for more than 15 years, only another 60 more days, the Act on Prevention and Suppression of Torture and Enforced Disappearance 2022 shall come into force on 22 February 2023 (120 days after being published in the Government Gazette on 25 October 2022). The law is enacted pursuant to Thailand’s obligations toward the UNCAT and the ICPPED. It was approved unanimously by the House of Representatives on 24 August 2022.

The Act’s key provisions, torture, other cruel, inhuman, or degrading treatment or punishment and enforced disappearance by the public officials are offences under the law. The law will not only bring about the prevention and suppression of the crimes but also contribute to the betterment of the Thai criminal justice system.

For example, it requires that during the arrest, police or other officials must be equipped with a body camera to prevent an act of torture or abuse of power. The officials are also required to immediately inform other agencies about the arrest including the administrative agencies and the public prosecutors and must prepare a detailed report of the arrest and detention.

This is highly beneficial not only for the safeguards of the arrestees and the detainees but also for the officers themselves in case of misconduct allegation. In addition, the reports shall be made available to the family and lawyers of the arrestee and the detainees to prevent any act of torture or enforced disappearance.

The Criminal Court for Corruption and Misconduct Cases is designated as the court of jurisdiction, including over the military official who is normally under the jurisdiction of the Military Court, enhancing impartiality and independence of a case process. In addition, the law requires the government to provide wellbeing, remedial measures, and habitation of the victims of the crimes.

The law is well come by the people, human rights organizations in Thailand and aboard, and international community. In November 2022, the UN Human Rights Office for South-East Asia (OHCHR) issued a statement to express their appreciation to the Thai Prime Minister for the promulgation of the Act on Prevention and Suppression of Torture and Enforced Disappearance.

For the purpose of effective enforcement of the Act, Civil Society Organizations including the Cross-Cultural Foundation (CrCF), the Union for Civil Liberties (UCL), the Human Rights Lawyers Association (HRLA), Patani Human Rights Organization Network (HAP), Duay Jai Group, Network of Persons Affected by Special Laws (JASAD), Digital 4 Peace Foundation, Northern Development Foundation (NDF), Civil Society Assembly For Peace (CAP), and the Network of Survivors of Torture, Enforced Disappearance and Extra Judicial.

Hereby, demand the government to ensure that the enforcement of The Act on Prevention and Suppression of Torture and Enforced Disappearance 2022 effectively for the safety and wellbeing of the people.

We demand that the government shall urge concerned agencies to expeditiously prepared for the enforcement of the Act effectively according to its procedure and ensure they receive sufficient funding, training of the officials and attempt should be made to raise the public awareness about the Act to protect their rights and freedoms and to assure the public and the international community that the Act on Prevention and Suppression of Torture and Enforced Disappearance 2022 will certainly come into force on 22 February 2023.

TAG

บทความที่เกี่ยวข้อง