Page 59 - รายงานการปฏิบัติตามอนุสัญญาต่อต้านการทรมานและการประติบัติ หรือการลงโทษที่โหดร้ายไร้มนุษยธรรม หรือที่ย่ำยีศักดิ์ศรี
P. 59

6




               9. Recommendation: The NHRCT is of the view that a specific legislation

               should be enacted to implement the Convention. Such legislation should

               include  the  definition  of  torture  and  other  cruel,  inhuman  or  degrading

               treatment or punishment as that appeared in the Convention and provide


               guarantees that the investigation of torture cases shall be done promptly and

               in an impartial manner. However, if the Government opts for the amendment

               of the existing laws, it should revise the draft amendment of the Criminal


               Code on the various points observed by the NHRCT in paragraph 8 above.


               10. In the policy statement made to the Parliament when assuming office


               in  August  2011,  Prime  Minister  Yingluck  Shinawatra  stated  that  the

               Government  would  ensure  security  of  human  dignity,  undertake  legal

               reform and strengthen law enforcement in accordance with the rule of law

               and human rights principles. Under the second National Human Rights Plan


               (2009-2013), concerned agencies identified amendment of relevant laws and

               improvement of legal  mechanisms and law enforcement as a strategy to

               promote  and  protect  human  rights  recognized  in  various  human  rights

               treaties. With regard to the Convention against Torture, the government will


               propose a draft law against torture to the Parliament and will revise laws

               and  regulations  relating  to  the  compensation  and  remedy  for  torture

               victims.  Despite  the  commitment  at  policy  level,  the  progress  of  legal


               amendment is rather slow given that Thailand has become party to the

               Convention since 2007.



               11. Recommendation: The Government should give priority to amending

               law  against  torture  by  setting  specific  timeframe  for  action  on  legal
   54   55   56   57   58   59   60   61   62   63   64