CAT/C/THA/CO/1
independent civilian body, that perpetrators are duly prosecuted and, if found guilty,
convicted with penalties that are commensurate with the grave nature of their crimes;
(c)
Suspend officers suspected of committing acts of torture during the
investigation of allegations of torture and ill-treatment;
(d)
Ensure that military personnel are tried in civilian courts for acts of
torture and similar offences;
(e)
Establish an independent complaints system for all persons deprived of
their liberty.
Gender-based violence
16.
While welcoming the efforts made by the State party to combat violence against
women, in particular by criminalizing domestic violence under section 4 of the 2007
Domestic Violence Victim Protection Act, the Committee remains concerned about:
(a)
The high prevalence of gender-based violence, in particular sexual and
domestic violence in Thailand;
(b)
The low level of prosecution for sexual and domestic violence, mainly due to
obstacles inherent in the legal framework and the unresponsive attitude of the police and
the judiciary towards such violence. The Committee is also concerned that, as domestic
violence is a “compoundable” offence, the victim must lodge a complaint in order for the
offence under section 4 of the 2007 Domestic Violence Victim Protection Act to be
prosecuted and that the arriving at a settlement in cases of domestic violence has priority
over the victim’s well-being and safety, under section 15 of the Act. As a result, the
Committee regrets that, in practice, domestic violence is treated as a private matter rather
than a serious public criminal offence;
(c)
Discriminatory rules of evidence in legal procedures of rape cases, which
result in re-victimization and stigmatization of victims as well as lack of prosecution for the
perpetrator. The relevant legislation fails to regulate the admissibility of evidence;
(d)
Barriers in accessing legal protection and redress for vulnerable groups,
including Malay Muslim women in the southern border provinces (arts. 2, 14 and 16).
The State party should further strengthen its efforts to address all forms of genderbased violence and abuse, in particular sexual and domestic violence, through
legislative, judicial, administrative and other measures, including policy and social
measures, in particular, by:
(a)
Revising the relevant provisions of the Penal Code, the Criminal
Procedure Code and the Domestic Violence Victim Protection Act, with a view to
facilitating complaints by victims, informing them about recourse available and
strengthening the legal assistance and psychosocial protection systems for victims of
domestic violence;
(b)
Promptly, effectively and impartially investigating all allegations of
sexual and domestic violence with a view to prosecuting those responsible. The State
party should remove obstacles to the prosecution of perpetrators of domestic violence
and ensure that police officers refusing to register such complaints are appropriately
disciplined.
Trafficking
17.
While noting the efforts made by the State party to prevent and combat trafficking in
persons, including the adoption of the Human Trafficking Prevention and Suppression Act,
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