Page 83 - รายงานการปฏิบัติตามอนุสัญญาต่อต้านการทรมานและการประติบัติ หรือการลงโทษที่โหดร้ายไร้มนุษยธรรม หรือที่ย่ำยีศักดิ์ศรี

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more than 30,000 baht; and (4) compensation for other damages as

deemed appropriate by the Committee on Restitution established by

virtue of the Act worth not more than 30,000 baht.

47. There are some obstacles that might prevent the injured person from

receiving the remedy as stipulated in the 2001 Restitution Act. Firstly, the

type of criminal offences specified in the Act has restricted access to

remedy of persons suffering injuries from other wrongful acts. Secondly,

the one-year period, starting from the date when he knows of the wrongful

act, during which the injured person must submit a request for

compensation is too short. Moreover, many victims of crime do not know

of their right to restitution and have failed to exercise such right. Lastly,

some victims have complained that the various compensation rates set by

the Restitution Committee are too low and do not correspond with the

actual cost of living.

48. Recommendation: When the Criminal Code is amended to include

“torture” as a separate offence, such offence should be included in the 2001

Restitution Act as a basis for request of compensation. The Government

should also amend the Act to extend the period during which the injured

person can submit such request and undertake awareness raising activities,

including in cooperation with lawyers’ association, to inform the people

about their right to restitution. The Restitution Committee should review

the rates of different types of compensation so that they are appropriate

to the damage suffered by the injured person and reflect the actual cost

of living. For example, the compensation for physical and mental

rehabilitation should take into account the period of time needed to