THAILAND AND THE IMPLEMENTATION OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT (CAT) AND THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCES (ICPPED)
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Creator Nareeluc Pairchaiyapoom
Title THAILAND AND THE IMPLEMENTATION OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT (CAT) AND THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCES (ICPPED)
Publisher National Research Council of Thailand
Publication Year 2564
Journal Title SOCIAL SCIENCE ASIA : Official Journal of National Research Council of Thailand in conjunction with Journal of Thai Justice System
Journal Vol. 7
Journal No. 3
Page no. 20-36
Keyword torture, enforced disappearance, CAT, ICPPED
URL Website http://e-journal.nrct.go.th/
Website title e-journal
ISSN 2229-2608
Abstract Thailand acceded as a State Party to the CAT on 2 October 2007 and signed the International Convention for the Protection of All Persons from Enforced Disappearances (ICPPED) on 9 January 2012. To implement the CAT Convention and the ICPPED Convention at national level, the Royal Thai Government committed to develop legislation which defines and criminalizes "torture" and "enforced disappearances" in the domestic legal system, in accordance with the aforementioned Conventions. The Ministry of Justice took a lead in proposing the draft Prevention and Suppression of Torture and Enforced Disappearance Act, which was approved by the Council of Ministers, passed the first reading of the National Legislative Assembly (NLA), and was subsequently submitted into the finalization process by the NLA. However, all legislative processes were paused on 15 March 2019 to accommodate the general election which would be held on 24 March 2019. The draft was re-submitted for consideration to the newly elected Government on 23 April 2020. Thereafter, the Council of Ministers approved the draft Act on 23 June 2020 and submitted it to the Council of State for further consideration. The Council of State finished reviewing the draft Act on 17 September 2020 and consequently, the draft Act was submitted to the Parliamentary Sub-Committee on Considering the Draft Law in Legislative Process, for further consideration. While the draft Act is pending, the Prime Minister has established the National Committee for Managing Cases Relating to Torture and Enforced Disappearance, comprised of representatives from government agencies, civil society organizations, and academia. It is mandated to promptly investigate and follow up allegations of torture and disappearance, to redress if a violation is founded, and to promote protective mechanisms to prevent future occurrences of such cases. In this regard, any public officer who is found to have been involved in torture and/or enforced disappearance will be prosecuted in accordance with the law. This article aims to provide an overview of Thailand's comprehensive mechanisms to suppress and prevent torture and enforced disappearance. These initiatives ensure the Government's commitments to the fight against torture and enforced disappearance, as well as Thailand's leading role among ASEAN countries to promote and protect human rights.
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