Page:พรบ ทรมานและสูญหาย ๒๕๖๕.pdf/8

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

Volume 139, Issue 66A
Page 50
Royal Gazette

25 October 2565

(3)to conduct studies, carry out researches, and disseminate knowledge on torture, cruel, inhuman, or degrading treatment or punishment, and enforced disappearance, and to provide knowledge and training to the people and state authorities;

(4)to collect case information and statistics, and produce reports on the situations of the torture, cruel, inhuman, or degrading treatment, and enforced disappearance, as well as annual reports on performance outcomes and guidlines for prevention and suppression of the commission of the offences under this Act, so as to be submitted to the Commission for consideration;

(5)to carry out other acts as authorised by the Commission or a subcommission.



Section22.In holding a person in custody, the responsible state authority must make a continuous audiovisual record of and at the time of the arrest[1] and custody until the person is delivered to an inquiry official or is released, save where a force majeure renders this impossible, in which case shall such cause be recorded into the custody record as evidence.

In holding a person in custody according to paragraph 1, the responsible state authority must make an instant notification to a public prosecutor and the district chief of the locality where the custody takes place or, in Bangkok, to a public prosecutor and the Director of the Bureau of Investigation and Legal Affairs, Department of Provincial Administration. If the person receiving the notification finds that there are substantial grounds for believing that there is an act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance, he shall further proceed with the matter in accordance with section 26.

Section23.In holding a person in custody, the responsible state authority must record the information about the person in the custody, which must at least contain the following details:

(1)the identification information about the person in the custody, such as his name, family name, or identity;

(2)the day, time, and place of the custody, and the information about the state authorities carrying out the custody; in the event where the person is removed from the said place, the place of destination to which the person held in the custody is delivered and the state authorities responsible for such removal must be specified;

(3)the order for holding the person in the custody, and the grounds for issuance of such an order;

(4)the state authority issuing the order for holding the person in the custody;

  1. Literally, "responsible state authority must record pictures and sounds continuously at the moment of the arrest".