Anti-torture bill ‘abides by UN guidelines but still incomplete’

However, panellists at a public forum wanted some articles amended and urged the government to clearly outline torture protection measures and develop rehabilitation services for torture survivors.

Somchai Homlaor, a prominent human rights lawyer, said the bill was subjected to the principles of two UN conventions – the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Thailand ratified in 2007, and the International Convention for the Protection of All Persons from Enforced Disappearance, which the country signed in 2012 but has not ratified.

The government’s move was triggered by recommendations concerning torture and enforced disappearance that Thailand received from the UN’s Universal Periodic Review session in Geneva in May, he said. 

Civic groups and private organisations were involved in the bill’s drafting, which was mainly overseen by Justice Ministry’s Rights and Liberties Protection Department.

Pokpong Srisanit, a law lecturer at Thammasat University, said the bill extends the definition of torture and forced disappearance victims. 

Victims include not only those who are directly tortured but also their relatives, he said. 

The bill empowers a committee, jointly run by the civil sector and the government, to get involved in investigations. 

It also stipulates that torture and enforced disappearance cases will be heard by the Criminal Court, not military tribunals.

The bill is aimed at state authorities who commit an offence and importantly the offender’s superiors. 

The crime, according to the bill, carries a maximum life in prison sentence and Bt1 million fine if it causes the victims’ death. 

Section 17 of the bill bans detention in a “safe house” or hidden place, he added.

Sam Zarifi, director for Asia-Pacific at the International Commission of Jurists, pointed out that the bill combined laws against torture and enforced disappearance. 

The government’s attempt to promulgate such a law earns the country the status of being the regional leader in human rights. 

However, the bill should not set a 20-year statute of limitation, Zarifi said, adding that the bill fails to address practices to ensure that Thailand would not send torture survivors back to dangerous areas. 

The problems for torture cases are the passive victims who are “small” people and do not want to take legal action against the offending officers, he said.

Angkhana Neelapaijit, a member of the National Human Rights Commission, suggested all parties should raise people’s awareness of enforced disappearance and torture crimes in a bid to turn the passive victims into active victims.

The bill is now pending for the National Legislative Assembly’s consideration and would take at least three months before approval, said Nongporn Roongpetchwongse, deputy director-general of the Rights and Liberties Protection Department.

David Engstorms, a social worker involved with the rehabilitation of violence survivals, also asked the government to develop rehabilitation and healing services for survivors, which Thailand has still failed to tackle.