Cabinet to get anti-torture, abduction bill by next April

Cabinet to get anti-torture, abduction bill by next April

A Justice Ministry bill to suppress torture and enforced disappearance in Thailand could be submitted for cabinet approval by April.

The bill would be the first law dealing specifically with the issues, and it follows frequent allegations of torture, especially in the restive South, and the alleged enforced disappearance of human rights and environmental activists elsewhere in the country.

It is being drawn up by the Justice Ministry's Rights and Liberties Protection Department. Deputy director-general Pitikan Sithidej revealed details of the bill at a seminar in Bangkok recently.

Backers of the law say the change is overdue, and would underline Thailand's commitment to two conventions in this area.

Thailand signed the United Nation's Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2007, and the Convention for the Protection of All Persons from Enforced Disappearance in 2012.

Despite signing the conventions, it still has no law to criminalise torture and enforced disappearance or measures to prevent and suppress them and help victims.

"As member of these conventions, we must have laws to criminalise the two offences," said Pornpen Khongkachonkiet, director of the Cross-Cultural Foundation, adding: "Torture must not occur even when special laws such as the emergency law are in place."

Under the bill, state officials found guilty of torture or enforced disappearance will be liable to a jail term of five to 20 years and/or a fine of 100,000-400,000 baht.

During the seminar, civil society groups said officials in the deep South had committed torture, inhumane treatment or punishment, and enforced disappearance of people while implementing the emergency law in the troubled region.

The disappearance of Karen activist Porlajee "Billy" Rakchongcharoen, after being detained by officials of Phetchaburi's Kaeng Krachan National Park on April 17 this year, also was mentioned. Activists said officials mounted a half-hearted investigation into claims he was kidnapped, while his wife said she was was left in fear by a lack of witness protection measures.

Pokpong Srisanit, from Thammasat University's Faculty of Law, who helped draft the bill, said it was being written with the aim of elevating torture and enforced disappearance to the status of "serious crimes" and to provide measures to protect potential victims.

Section 40 of the bill allows for the setting up of a committee which can assign state officials to investigate claims of torture and enforced disappearance.

Bringing in outside officials will neutralise the influence of suspected officials. The assigned officials can also temporarily take charge of a case against victims to ensure their safety, Mr Pokpong said.

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