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police but told the doctor that it was an accident out of fear of reprisal. In
this case, the complainant has filed a lawsuit against the police officer
3
allegedly involved in the case.
29. Recommendation: Given the findings of the above torture cases, the
NHRCT has made recommendations to the Royal Thai Police to adopt a
more effective supervision of police officers in the performing of their duty
to ensure that the arrest of suspected persons is carried out strictly in
accordance with the provisions of the Criminal Procedure Code and the
evidence of crime is obtained by legal means. It should ensure that police
officers take into account human rights principles and human dignity when
performing their duty to prevent recurrence of torture incidents in the
future. When there is a complaint about torture, an investigation should be
instituted that accords fairness to the complainant. Should any officer be
found to have committed torture, prosecution and disciplinary actions
must be taken against him. As the alleged offenders in torture cases are
public officials, the authorities concerned must ensure that the
investigation of torture cases is carried out in an impartial manner.
30. Recommendation: Concerned government agencies should
disseminate information and promote understanding about the Convention
widely among police officers and other law enforcement officials having
the power to conduct search, arrest and detain individuals. It should also
consider becoming party to the Optional Protocol of the Convention as
mentioned in paragraph 15 above.
3 Human rights investigation report no. 474/2556 dated 3 July 2013 on the right to life and liberty of persons: Allegation on
physical abuse by officers of Mae Sod Police Station, Tak Province.