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accepted UPR recommendations and its declared policy on the

development of southern provinces.

19. The NHRCT has found that the special security laws enforced in the

southern border province, namely the Martial Law Act of B.E.2457 (1914)

and the Decree on Public Administration in an Emergency Situation of

B.E.2548 (2005), or the Emergency Decree, which provides for less stringent

procedures of arrest, control and detention of persons from those of the

Criminal Procedure Code, may induce a chance for abuse of power and

commission of wrongful acts by law enforcement officers including torture.

For example, Section 15 of the Martial Law Act empowers security forces

to detain a person with reasonable grounds to be suspected of violating

this law for the purpose of questioning or for other necessities for a period

of 7 days without a court warrant. The Emergency Decree requires that a

court warrant must be obtained for the arrest of a suspect under Sections

11 and 12 but allows authorities to detain the person for up to 7 days, a

period longer than that stipulated in the Criminal Procedure Code. If

necessary, the authorities may request the court to extend the detention

for a period of 7 days each time (no regulations requiring the detainee to

be brought before the court) with a total duration of detention not

exceeding 30 days. Under the Emergency Decree, arrested persons are

detained in other places than those specified in the Criminal Procedure

Code and there are no provisions guaranteeing the rights of detainees such

as access to a legal counsel and visit from relatives as stipulated in the

Criminal Procedure Code.