A/HRC/31/57/Add.1
communication and in particular did not provide any more details about Thailand’s policy,
“push back” or other, against irregular migrants in Thailand’s territorial waters. The Special
Rapporteur calls upon Thailand not to implement any policy that may result in asylum
seekers returning to a country where they may face torture or other cruel, inhuman or
degrading treatment or punishment. In particular, policies or practices by the State that in
effect deprive intending immigrants of a fair opportunity to state a claim that they might
face such a risk if returned, constitute a violation of the State’s international obligations.
550. The Special Rapporteur would like to draw the Government’s attention to Article 3
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT), acceded to by Thailand on 2 October 2007, which provides that no
State party shall expel, return (“refouler”), or extradite a person to another State where
there are substantial grounds for believing that the person would be in danger of being
subjected to torture. In this context, at paragraph 9 of General Comment No. 20 on the
prohibition of torture and other cruel, inhuman or degrading treatment or punishment, the
Human Rights Committee states that State parties “must not expose individuals to the
danger of torture or cruel, inhuman or degrading treatment or punishment upon return to
another country by way of extradition, expulsion or refoulement.” Furthermore, paragraph
9 of the Resolution A/RES/61/253 of the UN General Assembly urges States “not to expel,
return (“refouler”), extradite or in any other way transfer a person to another State where
there are substantial grounds for believing that the person would be in danger of being
subjected to torture.”
551. The Rapporteur strongly urges the Government of Thailand to protect the right of
migrants and asylum seekers to be free from torture or cruel, inhuman or degrading
treatment and refrain from implementing any policies that would return migrants and
asylum seekers to places where they risk torture or other ill-treatment, thereby ensuring
Thailand’s compliance with article 3 of the CAT.
(c)
JUA 08/06/2015 Case No. THA 4/2015 State Reply: None to date Allegation concerning
the arbitrary detention, torture, and ill-treatment of Mr. Sandoen Srioonruen, Mr.
Norapat Luaphon, Mr. Wichai Yoosul and Mr. Chanwit Jariyanukul by Bangkok
military police officers.
552. The Special Rapporteur regrets that the Government of Thailand has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
553. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, available via the link
above, and is therefore of the view that the Government of Thailand, by failing to protect
the physical and psychological integrity of Mr. Sandoen Srioonruen, Mr. Norapat Luaphon,
Mr. Wichai Yoosul and Mr. Chanwit Jariyanukul has failed to act in accordance with
Articles 2 and 16 of the Convention Against Torture.
The former Yugoslav Republic of Macedonia
JAL 20/04/2015 Case No. MKD 1/2015 State reply: 08/07/2015 Allegations concerning
the arbitrary detention of migrants and asylum seekers, including children, in
overcrowded and unsanitary conditions in the Reception Centre for Foreigners, Gazi
Baba.
554. The Special Rapporteur thanks the Government of the Former Yugoslav Republic of
Macedonia for its reply, dated 8 July 2015, to the present communication.
93
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