Page 62 - รายงานการปฏิบัติตามอนุสัญญาต่อต้านการทรมานและการประติบัติ หรือการลงโทษที่โหดร้ายไร้มนุษยธรรม หรือที่ย่ำยีศักดิ์ศรี
P. 62

9




               13.    Following  the  investigation  of  complaints,  the  NHRCT  has  made

               recommendations to the security agencies that measures be put in place

               to  prevent  torture  at  all  stages  of  search,  arrest  and  detention  of

               individuals  including  maintenance  of  record  of  arrested  or  detained


               persons and of their admission, release or transfer to other institutions,

               requirement of physical examination by medical personnel and creation of

               an oversight system for places of detention by an independent body.  If a


               person is arrested or detained under the special security laws, which do

               not provide for the same arrest and detention procedures as those of the

               Criminal Procedural Code, measures should be implemented to protect

               the fundamental rights of such person in accordance with Article 14 of the


               International Covenant on Civil and Political Rights (ICCPR).  These include

               informing  the  person  of  reasons  for  his  arrest,  informing  his  family  and

               relatives about the arrest, allowing visit by family members and facilitating

               access  to  a  legal  counsel.  The  arrested  person  should  be  required  to


               appear before the court every time there is a request to extend the period

               of his detention. This would give such person or his lawyer an opportunity

               to  object  the  request  for  an  extended  detention  and  the  Court  could


               examine his physical condition in case of an alleged torture. Moreover,

               interrogation practices should be revised to exclude violent methods and

               questioning of suspects should be conducted by professional and well-

               trained officers only.



               14. Some government agencies have reported their implementation of the

               NHRCT recommendations mentioned in paragraph 13 above. The Ministry


               of  Defense  informed  that  the  measures  and  recommendations  of  the

               NHRCT  were  being  implemented  as  a  normal  practice  and  safety  was
   57   58   59   60   61   62   63   64   65   66   67