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existing Criminal Code and Criminal Procedure Code are applicable to a

large extent and further amendments could bring them in full conformity

with the Convention. The DRPL, together with the Committee on Law,

Justice and Human Rights of the House of Representatives, has drafted

amendments to the two Codes to make torture a specific criminal offence,

impose appropriate penalties corresponding to the seriousness of the

crime and guarantee the right of an individual alleging that he has been

subjected to torture to request the court to examine his case so that such

person is protected from torture as stipulated in Article 13 of the

Convention. Seminars have been organized to receive opinions from

various sectors as well as civil society organizations on the proposed

amendments.

8. The National Human Rights Commission of Thailand (NHRCT) has an

observation that the definition of torture in the draft amendment of the

Criminal Code prepared by the DRLP and the Parliamentary Committee on

Law, Justice and Human Rights may not be in full conformity with that of

the Convention on the following points: (1) limitation of mental injury

inflicted on a victim of torture to that having a long-term effect; (2) no

reference to discrimination as a specific reason for the commission of

torture; and (3) the definition of public officials as appeared in the draft

amendment which may not be inclusive of all public officials having duties

in all types of places of detention such as public officials serving in

psychiatric institutions. In addition, the draft amendment does not have

provisions defining acts of cruel, inhuman or degrading treatment or

punishment which is not considered as torture as stipulated in Article 16 of

the Convention.