UN welcomes Thailand's decision to criminalise torture, enforced disappearances

“These decisions by the government are positive steps toward meeting international human rights standards, and we urge the National Legislative Assembly to pass the torture and enforced disappearance law as a matter of priority,” said OHCHR’s Acting Regional Representative, Laurent Meillan, in a press statement.

He noted that there had been no accountability on these cases for too long.

"But when this bill goes through, torture and enforced disappearance, will finally be criminalised and victims and families will be able to pursue legal redress. Perpetrators of such heinous crimes can be prosecuted.”

The United Nations Working Group on Enforced or Involuntary Disappearances has 82 outstanding cases of enforced disappearances in Thailand.

The draft law provides penalties for government officials who commit torture of up to 20 years in prison, 30 years if the torture leads to serious injury, and life imprisonment if the torture results in death. Officials who commit enforced disappearance face up to 20 years in prison, up to 30 years if the enforced disappearance leads to serious injury, and life imprisonment if death results.

As a further means to safeguard detainees from torture, the regional UN Human Rights Office urges the Thai government to allow the National Human Rights Commission of Thailand to independently monitor all places of detention.

It also urged Thailand to ratify the Optional Protocol to the Convention against Torture (OP-CAT), which will allow for the establishment of the National Preventive Mechanism to undertake regular visits to places such as detention centres, prisons and similar facilities. During the Universal Periodic Review (UPR) of Thailand’s human rights record in Geneva earlier this month, Thailand said it planned to submit the OP-CAT treaty to the cabinet for ratification.   

Thailand ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2007.