LEGAL PROBLEMS AND OBSTACLES IN MUTUAL ASSISTANCE IN CRIMINAL MATTERS RELATED TO THE PREVENTION AND SUPPRESSION OF TORTURE AND ENFORCED DISAPPEARANCE

Abstract

            This study examined legal issues and obstacles concerning international cooperation in criminal matters under Sections 9 and 13 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022). A documentary research method was employed, analyzing legal texts, scholarly articles, research papers, and relevant statutory provisions. Comparative legal analysis was conducted to evaluate inconsistencies between Thai legal frameworks, international law, and foreign legislative models, culminating in recommendations for legal reform.
            Findings revealed that Sections 9 and 13 of the Act conflicted with the principles of state sovereignty and international legal cooperation in criminal matters. Specifically, the Act's extradition exceptions extended beyond political offenses to include additional categories, such as offenses under military law, printing regulations, and religious statutes. Furthermore, extradition considerations must account for the requesting state’s death penalty policies, diplomatic immunity, and refugee status. Decisions regarding deportation, repatriation, or extradition remained at the discretion of the requested state, contingent on the offense's nature, bilateral agreements, and national interests.
            The study recommends incorporating a precise definition of "political offenses" into Section 3 of the Act to ensure legal clarity. Additionally, Sections 9 and 13 should be amended to better align with principles of state sovereignty, international legal cooperation, and national security interests.