Page 24 - รายงานการประเมินสถานการณ์สิทธิมนุษยชนในประเทศไทย ประจำปี 2558

รายงานการประเมินสถานการณ์สิทธิมนุษยชนในประเทศไทย ปี ๒๕๕๘

1. CIVIL AND POLITICAL RIGHTS

NHRCT assesses overall situations and finds that most of incidents adjacent to the transitional period with
nd
political reform, ruled by the National Council for Peace and Order (NCPO), since 22 May 2014. And
although the NCPO-led Government has made tireless efforts to solve conflicts with reconciliation and
political reform through the design of measures and plans for country development and the draft
Constitution of the Kingdom of Thailand, B.E. …., but with unavoidable difficulties and complexities of
circumstances, NHRCT witnesses facts implying to the continual infringement within various dimensions.
NHRCT has five principal findings with observations as follows:

1.1 Right to Fair Trial: The Government has spent efforts to enact and amend a number of laws
ensuring people to be able to access to justice and public helps, e.g. the Justice Fund Act, B.E. 2558
(2015), the Damages for the Injured Person and Compensation and Expense for the Accused in Criminal Case
Act, B.E. 2544 (2001), the Correction Act, B.E. …., the Criminal Procedure Code and the Penal Code, etc. In
the meantime, some complainants alleged that their rights were abused by public officers under judicial
process and legal proceedings, e.g. rights entitled to accused, injured persons and prisoners and right to
access to judiciary. Moreover, there were huge human rights concerns for the exercise of powers of military
officers towards some incidents, e.g. one happened with Siriwich Sereethiwatch or “Cha New” – member
st
of the New Democracy Movement during travelling to Rachabhakti Park and one with the 1 Year Anniver-
sary with Commemoration to the Overruling of NCPO in front of the Bangkok Art and Culture Center, etc.

1.2 Torture and Enforced Disappearance: These were torture cases with allegations to
actions taken by public officers, covering the cordon, searching, arrest, subpoenas, custody and interrogation,
including acts against prisoners. For the enforced disappearance, though the Cabinet adopted a Resolution,
th
dated 24 May 2016 with agreements to the ratification of International Convention for the Protection of
All Persons from Enforced Disappearance (CPPED or CED) and to the draft Prevention and Suppression of
Torture and Enforced Disappearances Act B.E. …., but there is none of significant action in progress, particularly
with the following-up of those forcibly disappeared. Thus the Government shall consider to accelerate the
review of draft Act and to improve or amend all existing domestic laws as well as to enforce them in spirit
of the Convention, including to provide and enrich knowledge on such laws in accuracy and consistency
to all government officers and frontline workers.

1.3 Capital Punishment: There are two main dissenting opinions on capital punishment in Thai
society, as one supporting the utmost abolition and one retaining the death penalty either with or without
moratorium and now they are still under contentious dialogues. In 2015, there were 86 prisoners completely
granted capital punishment, nonetheless since 2010 the punishment has been under moratorium. NHRCT
has proposed policy recommendations to the Government with reiteration of legal revision for capital
punishment and more undertaking of human rights-based approach in relevant contexts. This also
highlighted the making of more understandings, changing of attitudes and developing of alternative measures
with avoidance or abolition of capital punishment.

XXIII