Page 57 - รายงานการปฏิบัติตามอนุสัญญาต่อต้านการทรมานและการประติบัติ หรือการลงโทษที่โหดร้ายไร้มนุษยธรรม หรือที่ย่ำยีศักดิ์ศรี

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trusted person while under the custody of state authorities (Section 84).

The arrested person cannot be detained for a period longer than necessary

but in any case not longer than 48 hours. Should the detention need be

extended, a request must be submitted to the court and the arrested

person must be brought before the court for such purpose (Section 87).

The Criminal Procedure Code also guarantees various rights of the arrested

person that can help prevent torture. These include: the right to have a

lawyer or trusted person present during questioning, to be visited by or

maintain contact with relatives, and to receive prompt medical care in

time of sickness (Section 7/1); the right to have a legal counsel during

interrogation (Sections 8 and 134/1); the right to be released on bail

(Section 107); and the right not to be forced to confess guilt (Section 135).

As for Thailand’s obligation under Article 15 of the Convention, it is given

effect to by Section 226/1 of the Criminal Procedure Code which prohibits

the court from hearing evidence obtained illegally except where the

admittance of such evidence would be more beneficial to the carriage of

justice.

7. There have been efforts to amend domestic legislation so that it

complies more fully with the Convention’s provisions. Presently, there are

two approaches to legislative amendment. On the one hand, some civil

society organizations have proposed that a new specific law containing all

provisions of the Convention be enacted. The new law would also provide

for a new mechanism to conduct investigation of torture cases instead of

police officers to ensure that the investigation is independent and

impartial. On the other hand, the Department of Rights and Liberties

Protection (DRLP) under the Ministry of Justice is of the view that the