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Execlusive Summary

Part 2 Assessment of situations concerning civil and political rights

There were three main issues: Summary

Torture and Enforced Disappearance

The right not to be subjected to torture and enforced disappearance is right and liberty to life and
body that is recognized by the Constitution of the Kingdom of Thailand, B.E. 2560 (2017), International

Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture (CAT). During 2016-2017, the
government advocated drafting of a Prevention and Suppression of Torture and Forced Disappearance
Act, B.E. …. When the Prevention and Suppression of Torture and Enforced Disappearance Act was
considered by the Ordinary Affairs Committee of the National Legislative Assembly in February 2017,

the Committee had a resolution to return this Act to the government for reconsideration as it saw
that some amendments should be made. Human rights organisations both in Thailand and abroad
all expressed their concern and requested the government to speed up its consideration of the Act.
During 2007-2016, the NHRCT received a total of 102 complaints related to torture. Most of these

complaints came from the southern border provinces. In 2017, there were 27 complaints, most of which
claimed that security officers were the ones that committed torture while arresting or detaining the people.
However, in 2017, the NHRCT did not receive any complaint related to enforced disappearance. Therefore
it could be said that the Council of Ministers’ submission of the Prevention and Suppression of Torture

and Enforced Disappearance Act to the Ordinary Affairs Committee of the National Legislative Assembly for
consideration was an important progressive situation. However, decision by the Ordinary Affairs Committee
of the National Legislative Assembly to return the Act to the Council of Ministers to review it disrupted the
attempt to solve the structural problems of torture and enforced disappearance; the process for enactment

of this legislation was delayed even further. Therefore it was proposed that the State speeds up its actions
to make Thai laws consistent with CAT of which Thailand is a state party by enacting the Prevention
and Suppression of Torture and Forced Disappearance Act, making torture and forced disappearance a
criminal offence, conducting a feasibility study to ratify the International Convention for the Protection

of All Persons from Enforced Disappearance (CPED), establishing a mechanism to receive and investigate
complaints about torture and enforced disappearance to guarantee or take care that information about
torture and enforced disappearance, and training to provide additional knowledge and understanding to
law enforcement officers and security officers, so that human rights are fully respected.

Rights in the Justice Process

ICCPR and the Constitution of the Kingdom of Thailand recognize the right in justice process and the State

has tried to amend, improve or enact laws and policies, and promote actions taken by state officials to enable
every individual person to equally access right in justice process and take into consideration rights of the accused,
defendants and detainees. In 2017, the State took actions to reform the justice process. The National Reform

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