Page 279 - รายงานโครงการศึกษา เรื่อง การจัดทำตัวชี้วัดสิทธิมนุษยชนเบื้องต้นตามปฏิญญาสากลว่าด้วยสิทธิมนุษยชน
P. 279

201
                                                                                     CCPR/CO/84/THA
                                                                                     page 5

                         The State party should bring prison conditions into line with the United Nations
                         Standard Minimum Rules for the Treatment of Prisoners as a matter of priority.
                         The State party should guarantee the right of detainees to be treated humanely and
                         with respect for their dignity, particularly with regard to hygienic conditions, access
                         to health care and adequate food.  Detention should be viewed only as a last resort,
                         and provision should be made for alternative measures.  The use of shackling and
                         long periods of solitary confinement should be stopped immediately.  Special
                         protection should be provided for juveniles, including their compulsory segregation
                         from adults.


                  17.    While acknowledging the delegation’s assurances that the Provincial Admission Board is
                  in the process of being established, the Committee notes with concern the lack of a systematic
                  adjudication procedure for asylum-seekers.  The Committee is also concerned that the relocation
                  plan of March 2005 requires all refugees from Myanmar in the State party to move to the camps
                  along the border and that those who do not comply will be considered illegal migrants and will
                  face forcible deportation to Myanmar.  Furthermore, the Committee is concerned about the
                  deplorable situation of the Hmong people in Petchabun Province, the majority of them women
                  and children who are not considered refugees by the State party and are facing imminent
                  deportation to a State where they fear they will be persecuted.  Finally, the Committee notes with
                  concern that the current screening and expulsion procedures contain no provisions guaranteeing
                  respect for the rights protected by the Covenant (arts. 7 and 13).

                         The State party should establish a mechanism to prohibit the extradition, expulsion,
                         deportation or forcible return of aliens to a country where they would be at risk of
                         torture or ill-treatment, including the right to judicial review with suspensive effect.
                         The State party should observe its obligation to respect a fundamental principle of
                         international law, the principle of non-refoulement.

                  18.    The Committee is concerned about reports of intimidation and harassment against local
                  and foreign journalists and media personnel as well as of defamation suits against them,
                  originating at the highest political level.  It is also concerned at the impact of the Emergency
                  Decree on Government Administration in States of Emergency which imposes serious
                  restrictions on media freedom (art. 19, para. 3).

                         The State party should take adequate measures to prevent further erosion of
                         freedom of expression, in particular, threats to and harassment of media personnel
                         and journalists, and ensure that such cases are investigated promptly and that
                         suitable action is taken against those responsible, regardless of rank or status.

                  19.    While welcoming the aspiration of the State party to accept and foster a vibrant civil
                  society, including many human rights organizations, the Committee is nevertheless concerned at
                  the number of incidents against human rights defenders and community leaders, including
                  intimidation and verbal and physical attacks, enforced disappearances and extrajudicial killings
                  (arts. 19, 21 and 22).
   274   275   276   277   278   279   280   281   282   283   284