Court annuls decree delaying enforcement of torture, disappearance law
The Constitutional Court on Thursday voted to invalidate an executive decree that postponed the enforcement of four key articles in the law against torture and forced disappearances.
Constitutional Court judges voted 8:1 to declare the four key articles must be retroactively effective from February 22 along with all other provisions in the Act on Prevention and Suppression of Torture and Enforced Disappearance.
The Prayut Chan-o-cha Cabinet issued a February 14 executive decree to postpone enforcement of articles 22 to 25 until October 1. The postponement prompted loud criticism from Thai experts and international agencies including the United Nations Human Rights Council.
Article 22 requires state officials to maintain continuous video and audio monitoring of suspects until they are released or handed to interrogating officials.
Article 23 requires officials to record reasons for the arrest or detention, identity, whereabouts and physical condition of suspects.
Article 24 requires officials to notify suspects’ relatives or lawyers of their arrest.
Article 25 allows information about detainees to be withheld from the public if disclosure would violate their privacy or hamper investigations.
Ninety-nine opposition MPs signed a petition asking the court for a ruling on whether the postponement decree was unconstitutional.
The court ruled on Thursday that the decree violated Article 172 of the Constitution, which states that such decrees can only be issued to deal with national emergencies and other pressing matters.
The Cabinet had claimed the delay was required because the Royal Thai Police said it needed more time to procure equipment and make other preparations to enforce the law.
Reports of torture and enforced disappearance have dogged Thailand for decades, especially in the deep South where martial law gives security forces special powers to handle the insurgency. Most of the reported cases have not been resolved, and hardly anyone has been punished, according to Human Rights Watch (HRW).
Since 1980, the UN Working Group on Enforced or Involuntary Disappearances has recorded 82 cases of enforced disappearance in Thailand. Among them is the prominent Muslim lawyer Somchai Neelapaijit, who was defending five suspected insurgents when he disappeared in March 2004. HRW says the actual number of cases could be higher, as some families of victims and witnesses have remained silent, fearing reprisals if they speak out.
