CAT/C/THA/CO/1
Fundamental legal safeguards
13.
The Committee is seriously concerned that, in practice, all arrested and detained
persons are not provided with all the fundamental legal safeguards from the very outset of
their deprivation of liberty. Such legal safeguards include, but are not limited to,
maintenance of an official register of detainees, the right of detainees to be informed of
their rights, the right to promptly receive independent legal assistance and independent
medical assistance and to contact relatives, impartial mechanisms for inspecting and
visiting places of detention and confinement, and the availability of judicial and other
remedies to detainees and persons at risk of torture and ill-treatment that would allow them
to have their complaints promptly and impartially examined, to defend their rights and to
challenge the legality of their detention or ill-treatment. The Committee is further
concerned that information requested on monitoring safeguards was not provided, including
information on the success of habeas corpus petitions (art. 2).
The State party should take effective measures to ensure, in law and in practice, that
all detainees are afforded all fundamental legal safeguards from the very outset of
their detention, including the rights to have prompt access to an independent lawyer
and an independent medical doctor, to notify a relative, to be informed of their rights
at the time of detention, including about the charges laid against them, to be
registered at the place of detention and to appear before a judge within a reasonably
period of time, in accordance with international standards. The State party should
also take the necessary measures to provide an effective free legal aid system and put
in place measures to monitor the practice of all law enforcement and security officials
to ensure that those safeguards are provided in practice as well as in law. The State
party should take disciplinary or other measures against officials responsible in cases
where those safeguards are not provided to persons deprived of their liberty.
Enforced disappearance
14.
While welcoming the signature by the State party of the International Convention
for the Protection of All Persons from Enforced Disappearance and the delegation’s
statement that ratification is envisioned, the Committee remains seriously concerned at:
(a)
The absence of a definition of enforced disappearance and the absence of the
recognition of enforced disappearance as an offence in the domestic legislation;
(b)
The continuing and numerous alleged cases of enforced disappearance, in
particular against human rights, anti-corruption and environmental activists as well as
witness of human rights violations, as revealed by the recent case of the disappearance of
Pholachi Rakcharoen (known as “Billy), a human rights defender from Karen, Myanmar. It
has been reported that enforced disappearance is used as a method of harassment and
repression against human rights defenders by the security and military forces, in particular
in the highly militarized counter-insurgency context in southern Thailand.
(c)
The failure to resolve most cases of enforced disappearance, provide remedy
to the relatives of missing persons, and prosecute those responsible, as demonstrated in
numerous cases, including the disappearance of Somchai Neelaphaijit, Jahwa Jalo and
Myaleng Maranor. The Committee notes with concern the general allegations made by the
Working Group on Enforced or Involuntary Disappearances that no case of enforced
disappearance has led to the prosecution or conviction of the perpetrator and that
reparation, including compensation has been extremely limited in Thailand (A/HRC/22/45,
paras. 457–466) (arts. 2, 4, 12, 14 and 16).
The State party should take all the necessary measures to prevent enforced
disappearances and to combat impunity for the crime of enforced disappearance, in
particular by:
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