CAT/C/THA/CO/1
in 2008, the Committee is concerned at the numerous reports of trafficking in persons for
the purpose of sexual exploitation or forced labour. The Committee shares the concerns
raised by the Special Rapporteur on trafficking in persons, especially women and children,
with regard to such issues as the lack of capacity and willingness of law enforcement
authorities to properly identify trafficked persons, the arrest, detention and summary
deportation of trafficked persons, the lack of adequate support for the recovery of trafficked
persons in shelters and the low rate of prosecution and delays in prosecuting trafficking
cases (arts. 2, 12, 13 and 16).
The State party should intensify its efforts to prevent and combat trafficking in
persons, by providing protection for victims, including shelters and psychosocial
assistance and by conducting prompt, impartial investigation of trafficking with a
view to prosecuting and punishing perpetrators with penalties appropriate to the
nature of their crimes. The Committee encourages the State party to take all
necessary measures to fully implement the recommendations contained in the report
of the Special Rapporteur on trafficking in persons, especially women and children,
on her mission to Thailand (A/HRC/20/18/Add.2, para. 77).
Human rights defenders
18.
The Committee is concerned at the numerous and consistent allegations of serious
acts of reprisals and threats against human rights defenders, journalists, community leaders
and their relatives, including verbal and physical attacks, enforced disappearances and
extrajudicial killings, as well as by the lack of information provided on any investigations
into such allegations (arts. 2, 12, 14 and 16).
The State party should take all the necessary measures to: (a) put an immediate halt
to harassment and attacks against human rights defenders, journalists and
community leaders; and (b) systematically investigate all reported instances of
intimidation, harassment and attacks with a view to prosecuting and punishing
perpetrators, and guarantee effective remedies to victims and their families. In that
regard, the Committee recommends that the Thai authorities provide the family of
Somchai Neelaphaijit with full reparation and take effective measures aimed at the
cessation of continuing violations, in particular by guaranteeing the right to truth
(general comment No. 3, para. 16).
Witness and victim protection
19.
While noting that the 2003 Witnesses Protection Act provides general or special
protection measures for witnesses in criminal cases through the Department of Rights and
Liberties Protection and the Department of Special Investigation under the Ministry of
Justice, the Committee remains concerned at:
(a)
The numerous and consistent cases of intimidation and attacks against
witnesses to and victims of human rights violations. The Committee expresses serious
concern at the disappearance of Abdullah Abukari while under the protection of the
Department of Special Investigation. Mr. Abukari was allegedly a witness in the case of
the enforced disappearance and murder of Somchai Neelaphaijit and he was tortured by
police;
(b)
The absence of an effective mechanism and an independent protection
agency to ensure protection of and assistance to witnesses and victims of torture and illtreatment. In addition to the concerns raised by the State party about loopholes in the
provision of protection to petitioners in torture cases under the current Act (CAT/C/THA/1,
para. 144), other allegations before the Committee raise question as to fairness on the part
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