The Role of Public Prosecutor to Prevent Torture and Ill-treatment by Public Officials

บทความโดย ฮูกอินเตอร์

The Prevention and Suppression of Torture and Enforced Disappearance Act, 2022, is a critical milestone in combating torture, ill-treatment, and enforced disappearances in Thailand. The major goals of the Act are to achieve zero tolerance for acts of torture and enforced disappearances, as well as to provide justice to the victims of torture and enforced disappearances. This Act provides the crucial roles for the Thai public prosecutor in the criminal justice process in Thailand by requiring a prosecutor to review whether the arrest and detention of any suspects are free from an act of torture, other cruel, inhuman, or degrading treatment, or enforced disappearance. As stipulated in the Anti-Torture Act, the prosecutor has the following role:

• receiving notification of detention from responsible government officials whenever the detention occurs. Once receiving the notification report, the prosecutor has to review whether there are any reasonable grounds to suspect torture, cruel, inhuman, or degrading treatment, or enforced disappearance. If so, the prosecutor has a duty to file a petition with the court.

• receiving reports of torture, cruel, inhuman, or degrading treatment, or enforced disappearance from a person who witnesses or learns about the incident.

• receiving notification of detention from responsible government officials whenever the detention occurs. Once receiving the notification report, the prosecutor has to review whether there are any reasonable grounds to suspect torture, cruel, inhuman, or degrading treatment, or enforced disappearance. If so, the prosecutor has a duty to file a petition with the court.

• receiving reports of torture, cruel, inhuman, or degrading treatment, or enforced disappearance from a person who witnesses or learns about the incident.

• filing a petition to the court to issue an order to end the act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance.

• performing the duties of inquiry officials and having the power to investigate and pursue prosecution of an offense under this Act and other related offenses.

• periodically informing victims of the progress of the case.

• informing victims of their rights to compensation.            

In this regard, it can be said that the law relies significantly on the public prosecutor to play a key role in eliminating ill-treatment in the criminal justice system, and hopefully this will make society better perceive the fairness of the justice system.

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