Surchai’s Wife and Siam Theerawuth’s mother filing complaint with the Center for the Prevention

Surchai’s Wife and Siam Theerawuth’s mother, families of the disappeared filing complaint with the Center for the Prevention and Suppression of Torture and Enforced Disappearancem the Office of Attorney General urging the public prosecutor to uncover the truths according to the new Torture Act

On 15 March 2023, 10am, the two Women Human Rights Defenders, Pranee Danwattanusorn, wife of Surachai Sae Dan and Kanya Theerawut, mother of Siam Theerawut, have filed a complaint with the public prosecutor at the Center for the Prevention and Suppression of Torture and Enforced Disappearance, the Office of Attorney General, Borommaratchachonnani Road. 1^st floor, Kwaeng Chimpli, Talingchan, Bangkok.

They wanted the public prosecutor to initiate an inquiry process to uncover the truths and to investigate the disappearances of Surachai Sae Dan and Siam Theerawut pursuant to the Act on Prevention and Suppression of Torture and Enforced Disappearance 2022 to ensure the public prosecutor exercises their duties according to the new legislation to protect the people according to the intent of the law prescribed in Section 7 ’s last paragraph that[1] the act of enforced disappearance shall be treated as an ongoing offence until the fate of the person can be established and Section 43[2] which requires that provision in Section 7 shall apply to the act of enforced disappearance that had taken place before the Act has come into force. 

The filing of complaint on enforced disappearance at the Center for the Prevention and Suppression of Torture and Enforced Disappearance, the Office of Attorney General has been done so to ensure the public prosecutor act to uncover the truths and investigate until the fate and whereabouts of Surachai and Siam, the two victims of enforced disappearance, can be established or until credible evidence has emerged attesting to the possible fatalities of the two persons while detail of the offence and the perpetrators could be established pursuant to Section 31 of the Act on Prevention and Suppression of Torture and Enforced Disappearance 2022.

According to the new Torture Act, it is incumbent on the state to ensure competent agencies with power to investigate to keep the injured parties informed of ongoing progress regarding the cases and the Committee, subcommittee or official assigned by the Committee to monitor the progress of the case and implement proper measures for protection of the affected person’s wellbeing and safety, to compensate for and remedy physical and mental damages, to provide legal advice, and to provide support for the prosecution with participation of the injured parties according to Section 32.

“The Torture Act has set new precedent in the investigation and remediation to a complaint on enforced disappearance on par with international standards, Meanwhile, two agencies have the duties to carry out an investigation according to the new Act and they can receive a complaint to ensure the practical enforcement of the law. We commend the public prosecution agencies and the Department of Provincial Administration to genuinely offer legal assistance to the public to prove that people can rely on them” said Pornpen Khongkachonkiet, Director of the Cross Cultural Foundation (CrCF).

For more information, please contact Prakaidao Phurksakasemsuk 0916981185

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[1] Section 7: A person who is a public official and has held a person in custody, arrested, detained or abducted a person or committed any act that has caused the deprivation of liberty of another person while refusing to acknowledge the acts or giving information on the fate or whereabouts of such person and as a result of which such person is being excluded from the legal protection, the person shall be held accountable for disappearing a person.

The offence under the first paragraph shall be treated as an ongoing offence until the fate of the person can be established.

[2] Section 43: The provision in Section 6 shall apply to the act of enforced disappearance that had taken place before the Act has come into force mutatis mundi.