CAT/C/THA/CO/1
of agencies in charge of witness protection, of which the majority of the staff are former
police officers;
(c)
The lack of guidance and training for officers assigned to witness protection;
(d)
The absence of protection for defendants, under the current Act;
(e)
Cases of complainants and witnesses in torture cases who later face charges
of criminal defamation (arts. 2, 11, 12, 13 and 15).
The State party should revise its legislation and practices to ensure that witnesses and
victims of human rights violations, including of torture and enforced disappearance,
and members of their families are effectively protected and assisted, in particular by:
(a)
Amending the Witness Protection Act to cover all proceedings, including
civil and administrative proceedings, and to expand the category of persons that can
receive protection;
(b)
Ensuring that perpetrators do not influence protection mechanisms and
that they are held accountable;
(c)
Taking steps to inform the public of the Witness Protection Act and to
allow witnesses in torture cases to invoke protective services;
(d)
Abolishing criminal defamation or providing protection
complainants and witnesses in torture cases from criminal defamation.
for
Non-refoulement
20.
While welcoming the State party’s continued commitment to hosting refugees in
need of international protection on its territory, the Committee is concerned at reports of
refoulement of asylum seekers, as well as the absence of a national legal framework
regulating expulsion, refoulement and extradition, consistent with the requirements of
article 3 of the Convention. Moreover, noting the information about the State party’s effort
to provide humanitarian assistance to Rohingya refugees coming into the State party, the
Committee expresses concern at reports of some potential refugees being turned back at
sea. It also regrets the lack of information on the number of cases of refoulement,
extradition and expulsion carried out and on the number of instances and types of cases for
which the State party has offered and/or accepted diplomatic assurances or guarantees. (art.
3)
The Committee recommends that the State party adopt appropriate legislation and
procedures to comply with the principle of non-refoulement and to protect refugees
and asylum seekers, in line with article 3 of the Convention, in particular by:
(a)
Amending the Immigration Act and establishing a national asylum
system to provide the legal framework required to address the situation of refugees
and asylum seekers. Moreover, the State party should take the necessary measures, in
cooperation with the United Nations High Commissioner for Refugees (UNHCR), to
review its procedures for determining refugee status;
(b)
Providing protection and rehabilitation support to victims rescued from
human smugglers’ camps in southern Thailand and defining the temporary protection
regime and related rights granted to Rohingya refugees and stateless persons,
including protection from refoulement;
(c)
Acceding to the 1951 Convention relating to the Status of Refugees and
its 1967 Protocol.
9