CAT/C/THA/CO/1
adequate safeguards and monitoring mechanisms on the use of such restraining devices.
The Committee also regrets the use of solitary confinement, often in unhygienic conditions
and with physical neglect, of up to three months, as a mean of punishment (art. 16).
The State party should ensure that the use of restraints is avoided or applied under
strict medical supervision, and that any such act is duly recorded. In particular, the
State party should end the use of permanent shackling of death-row prisoners, the use
of shackles as a punishment and prolonged solitary confinement. Furthermore, the
use of solitary confinement should be limited as a measure of last resort and for as
short a time as possible, under strict supervision and with the possibility of judicial
review.
Monitoring and inspection of places of deprivation of liberty
24.
The Committee notes that visits to detention facilities can be undertaken by all
agencies, including non-governmental and international organizations, upon request and
with prior permission. It further notes the delegation’s statement that the State party hopes
to become a party to the Optional Protocol to the Convention by 2015. Nonetheless, the
Committee is concerned at the lack of systematic, effective and independent monitoring and
inspection of all places of detention (arts. 11 and 12).
The State party should:
(a)
Ensure the effective monitoring and inspection of all places of detention
through regular and unannounced visits by independent national and international
monitors, including non-governmental organizations, in order to prevent torture and
other cruel, inhuman or degrading treatment or punishment;
(b)
Make the recommendations of the monitors public and follow up on the
outcome of such systematic monitoring;
(c)
Collect information on the place, time and periodicity of visits, including
unannounced visits, to places of deprivation of liberty, and on the findings and the
follow-up to the outcome of such visits;
(d)
Ratify the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment and establish a
national preventive mechanism.
National Human Rights Commission
25.
The Committee notes with interest that the National Human Rights Commission of
Thailand (NHRCT) has broad competence to receive and investigate complaints of human
rights violations; undertake the monitoring of places of detention; examine laws which
contradict human rights principles and subsequently submit those cases to the court for
deliberation and ruling. The Committee is nonetheless concerned at reports that the
authorities have not followed up on the findings and recommendations made by the
NHRCT, and about reports that persons deprived of their liberty do not file complaints with
the NHRCT when they visit detention places, reportedly out of fear of retaliation by prison
officials (art. 2)
The State party should ensure that the NHRCT effectively executes its mandate in
accordance with the principles relating to the status of national institutions (the Paris
Principles) (General Assembly resolution 48/134, annex), in particular by
strengthening the roles of the NHRCT to carry out unannounced visits to detention
facilities, during which they are able to take confidential statements from detainees;
implementing the recommendations made by the NHRCT and guaranteeing the
independence and pluralism of its composition. In that regard, the Committee
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