Ant i-Torture and Enforced Disappearance Bill

By Cross-Cultural Foundat ion (CrCF)

Content

01 02 03 04

Thailand’s Situat ion on Torture and Enforce Disappearance

Efforts of Various Sectors

House Legal Committee’s version of the Torture and Enforced Disappearance Bill

What Happens Next

Orig in, Aim, and 10 Key Points

The Current Situat ion

Thailand’s Situat ion on Torture and Enforce Disappearance

“ Torture and enforced d isappearance” are forms of state violence aiming to eliminate those who are seen as a threat to the established nat ional security. In doing so, the state threatens the more important human security. The Thai state’s security is at tached to an integrat ion of the government, social inst itut ions, the military, and the monarchy.

The use of these kinds of violence is a result of the lack of system criminalizing the act ions and the lack of accountability cre ating a

culture of impunity .

Thailand’s Situat ion on Torture and Enforce Disappearance

A K are n rights activ ist, B illy was abducte d and k ille d by K ae ng K rachan

National Park offic ials .

Prev ious Cases

Billy

A bdulloh was in the custody of the military the day he was found unconscious, which late r on re sulte d in his de ath. The military we re n’t able to g ive answe rs to what had happe ne d.

The Case of Abdulloh Eormusor’s Death in Custody

Prev ious Cases

Wanchalearm was last se e n in C ambodia abducte d by se ve ral maske d me n in a van. He re fuge d to C ambodia afte r the 20 14 coup by NC PO .

Wanchalearm Satsaksit

ȲỄẢǼľ Ǿľ ī : ňķ ǼńŻę Ỳ ỄẦ ķ ỀŻńỲ ķ čẴńŻŨ₫ẢŻňŻē ĝčńȲẀȲġ

Prev ious Cases

Rit thirong C huenjit The Samroiy od C ase

Sanan Thongdeenok V ichearn Phueksom

Prev ious Cases

2547 ȲŻľ ġę ǼŨľ ġ ŻỄē ī ĉ ỀỲ č

2561 ę ỞčŨ₫ġ ňẂẠŶ Ạľ Ż

2553 ķ Ềę Ǽľ ňķ ŻŶ ľ čľ ŻỀď

ȲỄẢǼľ Ǿľ ī : The Matte r

Prev ious Cases

Efforts of Various Sectors in Draft ing the Bill

Civ il Society Organizat ions

● writ ing reports on Thailand’s human rights violat ions to internat ional organizat ion

● helping vict ims of torture and relat ives of the d isappeared

● together, draft ing the Torture/ Enforced Disappearance Bill which is modified and accepted by the House Legal Committee on 8 July 2020

House of Representat ive’s Version of the Draft Protect ion and Prevent ion of

Torture and Enforced Disappearance Bill

based on the CSO’s version of the draft bill which was introduced to the legal committee on 20 February 20 20

the legal committee accepted the modified draft bill on 8 July 20 20

What the Bill A ims

● to be the main law in set t ing a standard of rights and libert ies protect ion in cases of custodies by state officials

● to protect a person from and prevent tortures and other cruel, inhuman or degrading treatments or punishments as well as enforced disappearances as st ipulated in the

Constitut ion and international human rights-related agreements (CAT, ICPPED)

● to mandate the state’s roles in protect ing and safeguarding human dignity rights libert ies without d iscrimination

● to solve issues and cases past cases concerning tortures and enforced disappearances ● To create measures to protect, prevent such act ions as well as help and support vict ims of

such act ions

10 Key Points of the Bill

01

Acts of torture and enforced d isappearance commit ted by public of f icials are criminalized. Superior of the

of fender aware of such offense and fails to prevent such act ions are also punished.

02

There are no prescript ion of the of fences under this Act . Offences of enforced d isappearance are a cont inuous commission. Invest igat ion must be carried out unt il the

fate of the d isappeared is known.

03

Prevent ive measures allow relat ives to v isit and to respect the right to at torney . Records of the detainee’s informat ion such as health and the p lace of detent ion

must e published.

04

The court have power and duty to check and balance off icials’ power and to instruct

measures awarding reparat ion and remedy .

Measures to protect , prov ide physical and mental support , and remedy for the injured person are to

be formulated.

05

06

The public prosecutor takes charge of the invest igat ion. Legal proceedings are not under the

authority of the NACC nor the PACC. Trials are conducted by civ ilian courts in an inquisitorial manner.

07

A commit tee on the matter is to be established to follow up and ex amine complaints, and to formulate prevent ive and remedial policies. Members

include representat ives of the injured persons, the civ il society , and ex perts in ev idence analysis, forensic medicine, law , and human rights.

08

The term of the “ injured person” is broadened to include de jure and de facto husband, w ife, life partner, parents, descendant ,

and dependent of the injured person. They have rights to part icipate in criminal just ice procedure and be prov ided

reparat ion and remedy .

09

Vict ims and whist le-b lowers of crimes under the act who ex ercise the right in good faith to

pet it ion such cases are protected.

10

The princip les of universal jurisd ict ion, non-derogat ion, and non-refoulement consists in the act . Ev idence caused

or obtained by crimes under this act are prohib ited to admit by the court .

What is to be done nex t?

Legal Means

Per sect ion 133 of the constitut ion, a draft b ill must pass one of the three means to be int roduced to the house of representat ive. These are to be introduced by

● the council of ministe rs ;

● no fe we r than 20 MPs;

● 10 ,0 0 0 Thai s ignatorie s hav ing the right to v ote ,

This draft bill will be submitte d to the Spe ake r of the House containing

ove r 10 0 MPs, gove rnme nt and opposition, backing it.

Then, a stand ing commit tee will be cre ate d to conside r 3 versions of the b ill

1. Prachachart Party ’s v e rs ion

2. De mocrat Party ’s v e rs ion

3. House Le gal C ommitte e ’s v e rs ion

4. Ministry of Justice ’s v e rs ion (s ince 23 June 20 at the council of state to

the C abine t again soon)

… to draft a new version of the b ill that is the amalgamation of

different principles in different v ersion. It will then be sent to be

passed by the two houses.

Legal Means

● campaign to the people and to the government on the inalienable rights of a person and on the duty and limitat ions of the state’s power

● establish local mechanisms to prevent and protect from torture and enforced disappearance

● create a local fund to support and rehabilitate v ict ims. ● further develop ing these local mechanisms to a state sanct ioned one which

establishes connect ions with the committee under this act

Social Means

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Thanks!

Cross Cultural Foundation (CrCF) @CrCF_Thailand https:/ / crcfthailand.org

http://bit.ly/2Tynxthhttp://bit.ly/2TyoMsrhttp://bit.ly/2TtBDfr

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