CAT/C/THA/CO/1 (a) Taking legal measures to ensure that enforced disappearance is a specific crime in Thai domestic law, with penalties that take into account the grave nature of such disappearances; (b) Ensuring that all cases of enforced disappearance are thoroughly, promptly and effectively investigated, suspects are prosecuted and those found guilty are punished with sanctions proportionate to the gravity of their crimes, even when no body or human remains are found. The Committee reminds the State party that where there are reasonable grounds for believing that a person has been subjected to enforced disappearance, the authorities are required to undertake an investigation, even if there has been no formal complaint; (c) Ensuring that any individual who has suffered harm as the direct result of an enforced disappearance has access to information about the fate of the disappeared person as well as to fair and adequate compensation, including any necessary psychological, social and financial support. The Committee reminds the State party that, for the family members of a disappeared person, enforced disappearance may constitute a breach of the Convention; (d) Adopting measures to clarify the outstanding cases of enforced disappearance and facilitating the request by the Working Group on Enforced or Involuntary Disappearances to visit the country (A/HRC/22/45, para. 471); (e) Accelerating the process for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. Impunity 15. While noting the State party’s position that current Thai laws are adequate for punishing public officers who commit acts of torture, the Committee remains deeply concerned at the climate of de facto impunity for acts of torture committed in the State party in view of the following: (a) The lack of prompt and impartial investigation of allegations of torture and ill-treatment committed by law enforcement personnel. When torture allegations are investigated, the agency of the accused usually conducts the investigation and charges are often dismissed; (b) Delays in investigating cases of torture; (c) Discrepancies regarding the numerous allegations of torture and ill-treatment by State officers and the very low number of complaints brought to the authorities, which might indicate a lack of confidence in the police and judicial authorities and a lack of awareness of their rights on the part of victims; (d) The almost total absence of criminal sanctions against responsible officers, public prosecutors. Furthermore, on occasion, judges disregard defendants’ claims that they have been tortured or classify the acts in question as less serious offences (arts. 2, 4, 12 and 13). In view of widespread impunity, the State party should, as a matter of urgency: (a) Publicly condemn practices of torture and give a clear warning that anyone committing such acts, or otherwise complicit, acquiescent or participating in torture, will be subject to criminal prosecution and upon conviction, appropriate penalties; (b) Take all necessary measures to ensure that all allegations of torture or ill-treatment are promptly, thoroughly and impartially investigated by a fully 6

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