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
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