Thailand’s Implementation of the UN Convention against Torture
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It is widely known that the risks of torture and other ill-treatment committed by law enforcement officers are higher at the time of arrest, during transport to police stations, and in police custody, as well as in the context of police questioning in criminal investigations with the aim of extracting a confession or information. Between 1980 and August 2022, the UN Working Group on Enforced or Involuntary Disappearances recorded and transmitted 92 cases of alleged enforced disappearances to Thailand.[1] Therefore, the promulgation of the Prevention and Suppression of Torture and Enforced Disappearance Act, 2022, was regarded as a milestone for Thailand in combating torture and enforced disappearance, as well as ensuring human rights protection in the criminal justice process. It provides a legal framework in accordance with the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT), to which Thailand has been a party since 2007, and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), to which Thailand is a signatory country.
Once entering into force in February 2023, the law substantially changed the way of conduct by law enforcement. According to the Prevention and Suppression of Torture and Enforced Disappearance Act, there are 3 new criminal offenses: an offense of torture, an offense of committing cruel, inhuman, or degrading treatment, and an offense of committing enforced disappearance, which fall under universal jurisdiction principles. The Act also establishes legal and procedural safeguards by providing for the mandatory use of video and audio recordings throughout the arrest and detention process, considering that this is an essential measure to prevent practices that facilitate torture and enforced disappearance. While the enactment of the law alone is an important step forward, what is even more important is the effective enforcement of the law, which will require law enforcement officers to have knowledge, understanding, and the ability to act correctly.
[1] Amnesty International, https://www.amnesty.or.th/en/latest/news/1090/
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