Page 56 - รายงานการปฏิบัติตามอนุสัญญาต่อต้านการทรมานและการประติบัติ หรือการลงโทษที่โหดร้ายไร้มนุษยธรรม หรือที่ย่ำยีศักดิ์ศรี

3

commits an act in accordance with the order of an official, even though

such order is unlawful, and if such person has the duty or believes in good

faith that he has the duty to comply with such order, that person shall not

be punished unless that person knows that such order is unlawful."

Therefore, a public official who commits torture on the order of a superior,

having knowledge that the order is unlawful, is held accountable for the

act. This provision also applies to any other person who commits torture

on the order of a public official.

5. Domestic statute complying with Articles 4.1 and 4.2 of the Convention is

the provisions of the Criminal Code relating to attempt and participation in

the commission of a crime. Section 80 paragraph 2 of the Code states that

whoever attempts to commit an offence shall be liable to two-thirds of

the punishment prescribed by the law for such offence. Sections 83 and

84 stipulate that an accomplice of crime or any person who employs or

instigates others to commit a crime shall be punished for such criminal act

as provided by the law. Those who assist and support the commission of a

crime shall be punished by two-thirds of the penalty prescribed for such

crime in accordance with Section 86 of the Criminal Code.

6. The Criminal Procedure Code of Thailand has provisions that protect

individuals from torture by circumscribing the exercise of power of state

officials in the performance of duties relating to search, arrest and

detention as obligated under Article 2.1 of the Convention. For example, a

court warrant is required for the search and arrest of an individual (Sections

57 and 78). The arrested person must be brought to the police office

immediately and the Code guarantees his right to contact a relative or