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examined and that an interim protection measure be provided. The Court

shall also issue an order to provide for the remedy to the victim of torture.

Witnesses in torture cases may also receive protection by the provisions of

the Protection of Witnesses in Criminal Cases, B.E. 2548 (2003). According

to the Act, the police investigator, the Court or the Office of Witness

Protection may put the witness in a criminal case who is in danger under a

protection program as deemed appropriate or at the request of the

witness or any other person having related interest with the witness. Such

protection may be extended to other persons having close relationship

with the witness who might be exposed to danger from the witness’

cooperation with the authorities. The task of providing protection to a

witness is currently under the responsibility of the Department of Rights

and Liberties Protection (DRLP), the Ministry of Justice. However, there is a

plan to transfer this task to the Department of Special Investigation (DSI)

due to DRLP’s human resources limitation. The NHRCT is concerned that

the transfer of witness protection task to an agency having the mandate

and power to investigate criminal cases such as DSI may negatively affect

the safety of witness should an officer of that agency is allegedly involved

in the act of torture.

44. Recommendation: The Government should expedite the amendment of

Section 90 of the Criminal Procedure Code to give protection to a person

allegedly being subjected to torture. It should review the planned transfer

of task of providing protection to witnesses in criminal cases to the DSI.

The NHRCT is of the view that the DPRL is the agency more suitable to the

task and the Government should provide it with sufficient financial

resources and personnel to enable it to carry out the task effectively.