Legal Measures for the Prevention and Suppression of Torture and Enforced Disappearance

Abstract

The objectives of this paper were to 1) analyze the legal issues surrounding torture and enforced disappearance, 2) analyze the various legal concepts, theories, and principles, as well as international law, foreign laws, and the laws of Thailand. 3) proposes guidelines for amending the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022) to align with current circumstances and international human rights standards. This thesis utilizes qualitative research methods to studying relevant laws and textbooks surrounding torture and enforced disappearance.

The study revealed that Section 5 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022) has limitations in its enforcement due to its narrow definition of torture, which only includes four specific purposes. As a result, this law does not encompass all forms of torture that are prevalent today. Additionally, the measures outlined in Section 23 for protecting the rights of detained individuals are inadequate in preventing them from being subjected to torture, cruel or inhuman treatment, or enforced disappearance. Furthermore, the application of general laws to penalize state officials who neglect their duties has proven ineffective due to the lack of clear and specific sanctions. Therefore, the researchers propose amendments to Sections 5 and 23 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022) to establish specific penalties for government officials who neglect to record information about detainees or deny them such rights without reasonable cause.