Translation:Prevention and Suppression of Torture and Enforced Disappearance Act, 2565 BE

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Prevention and Suppression of Torture and Enforced Disappearance Act, 2565 BE (2022)
National Assembly of Thailand, translated from Thai by Wikisource
4077664Prevention and Suppression of Torture and Enforced Disappearance Act, 2565 BE2022National Assembly of Thailand
Table of contents 
The Act
Preamble
Introductory provisions
  1. Title
  2. Commencement
  3. Terminology
  4. Persons in charge of this Act
Chapter 1 General provisions
Chapter 2 Commission for Prevention and Suppression of Torture and Enforced Disappearance
Chapter 3 Prevention of torture and enforced disappearance
Chapter 4 Prosecutions
Chapter 5 Penal provisions
Transitory provisions
Statement of grounds

Seal of the Royal Command
Seal of the Royal Command

Prevention and Suppression of
Torture and Enforced Disappearance

Act,
2565 BE


Phra Bat Somdet Phra Paramenthra Ramathipbodi Sisinthra Maha Vajiralongkorn
Phra Wachiraklao Chaoyuhua

Given on the 24th day of October 2565 BE[1]
Being the 7th year of the present reign

Phra Bat Somdet Phra Paramenthra Ramathipbodi Sisinthra Maha Vajiralongkorn Phra Wachiraklao Chaoyuhua gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to have a law on prevention and suppression of torture and enforced disappearance;

[Whereas] this Act contains certain provisions relating to the restriction of the rights and freedoms of persons, which section 26, in conjunction with section 32, of the Constitution of the Kingdom of Thailand permits to be done by virtue of the powers under legal provisions;

[Whereas] the grounds and necessity for the restriction of the rights and freedoms of persons in accordance with this Act are to protect every person from torture and enforced disappearance by state authorities and to enhance the efficiency of the law enforcement for preventing, suppressing, and remedying the persons injured by the acts of the described characteristics, thereby causing the enactment of this Act to be in line with the conditions provided in section 26 of the Constitution of the Kingdom of Thailand;

Therefore, by and with the advice and consent of the National Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Prevention and Suppression of Torture and Enforced Disappearance Act, 2565 BE".

Section2.This Act shall come into force upon elapse of the limit of one hundred and twenty days reckoned from the day of its publication in the Royal Gazette onwards.

Section3.In this Act—

"injured person" means a person who has undergone injury to the life, body, or mind as a result of an act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance,[2] and shall include the husband of a person subjected to an act of enforced disappearance, the wife of such person, an ascendant of such person, a descendant of such person, the person with whom such person cohabits as husband or wife without registered marriage, or a person giving maintenance to or given maintenance by such person;[3]

"state authority" means a person who exercises a state power, or to whom a power has been assigned or appointment, authorisation, support, or acquiescence has been given directly or implicitly by a person holding a state power for the carrying out of an act according to the law;

"Commission" means the Commission for Prevention and Suppression of Torture and Enforced Disappearance;

"custody" means arrest, restraint,[4] detention, lockup,[5] confinement, or any other similar act which limits the physical freedom of a person.

Section4.The Minister of Justice shall be in charge of the execution of this Act.



Section5.When anyone who is a state authority commits[6] by whatever means an act which causes another to undergo severe pain or suffering, either physical or mental, for any of the following purposes:

(1)to obtain information or confession from the victim or a third person;

(2)to punish the victim because of[7] an act the victim or a third person has committed or is suspected to have committed;

(3)to intimidate or coerce the victim or a third person;

(4)to commit discrimination of any kind;

that one commits an offence of torture.

Section6.When anyone who is a state authority inflicts[8] punishment or by whatever means commits an act in a cruel, inhuman, or degrading manner, thus causing another to suffer dehumanisation or violation of a fundamental right to humanness or to undergo physical or mental pain or suffering, that one commits an offence of cruel, inhuman, or degrading treatment,[9] if it does not amount to the offence under paragraph 5.

The act under paragraph 1 does not include harm which is an inherent or incidental outcome of all the lawful sanctions.

Section7.When anyone who is a state authority holds in custody or abducts any person and that state authority refuses[10] to have committed the said act or conceals the fate or whereabouts of such person, thus causing the person to be removed from the protection of the law,[11] that one commits an offence of enforced disappearance.

The offence[12] under paragraph 1 shall be considered a continuous offence until the fate of the person is known.

Section8.Anyone who commits outside the Kingdom an offence of torture according to section 5, an offence of cruel, inhuman, or degrading treatment according to section 6, or an offence of enforced disappearance according to section 7, must undergo inside the Kingdom such penalty as designated in this Act, in respect of which section 10 of the Penal Code shall also apply mutatis mutandis.

Section9.The offence of torture according to section 5 and the offence of enforced disappearance according to section 7 shall not be considered the offences of political characters according to the law on extradition and the political offences according to the law on international cooperation in criminal matters.

Section10.In a case of an offence of enforced disappearance according to section 7, investigation shall be conducted until the person subjected to the enforced disappearance is found or reliable evidence indicating the death of such person is obtained,[13] and the details of the commission of the offence are learnt, and the offender is known.

Section11.In a case of an offence of torture according to section 5 or offence of cruel, inhuman, or degrading treatment according to section 6 in which the injured person is unable to file a complaint or denunciation by himself,[14] or an offence of enforced disappearance according to section 7, the husband of the person subjected to the torture, the cruel, inhuman, or degrading treatment, or the enforced disappearance according to this Act, the wife of such person, an ascendant of such person, a descendant of such person, the person with whom such person cohabits as husband or wife without registered marriage, or the person giving maintenance to or given maintenance by such person, as the case may be,[15] shall become the injured person under the Criminal Procedure Code also.

Section12.No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of an offence under this Act.[16]

Section13.No state agency or state authority shall expel, return, or extradite a person to another State, if there are substantial grounds for believing that the person would be in danger of being subjected to torture, to cruel, inhuman, or degrading treatment, or to enforced disappearance.



Section14.There shall be a commission called the "Commission for Prevention and Suppression of Torture and Enforced Disappearance", consisting of—

(1)the Minister of Justice as president;

(2)the Permanent Secretary for Justice as vice president;

(3)ex officio members, namely, the Permanent Secretary for Defence, the Permanent Secretary for Foreign Affairs, the Permanent Secretary for Interior, the Attorney General, the Commissioner General of the Royal Thai Police, the Director General of the Department of Special Investigation, the President of the Lawyers' Council of Thailand, and the President of the National Press Council of Thailand;

(4)the following members, who are six in number, appointed by the Council of Ministers:

(a)persons of recognised knowledge, expertise, and experience in the field of human rights, who are two in number, and those in the fields of law and forensic science, one from each field;

(b)a forensic physician, who is one in number, and a psychiatric physician, who is one in number.

The Director General of the Department of Rights and Liberties Protection shall serve as its member and secretary, and the Director General of the Department of Rights and Liberties Protection shall appoint public servants at the Department of Rights and Liberties Protection, numbering not more than two, as his assistant secretaries.

Section15.A member under section 14(4) must possess the following qualifications and must not be attacked by the following disqualifications:

(1)being of the Thai nationality;

(2)not being a bankrupt or having been a bankrupt on grounds of dishonesty;

(3)not being an incompetent or quasi-incompetent person;

(4)not being a holder of a political position, a local councillor, a local executive, or a member of the board of or a holder of an executive position in a political party;

(5)not being suspended from the public service or temporarily removed from the public service;

(6)not having once been expelled, dismissed, or discharged from the public service, from a state agency, or from a state enterprise on grounds of breach of discipline;

(7)not having once been sentenced to a penalty of imprisonment by a final judgment of imprisonment or[17] a final judgment of imprisonment with suspension of the infliction of the penalty or suspension of the designation of the penalty, save where the penalty was for an offence committed through negligence, petty offence, or offence of defamation;

(8)not having once been subjected to a judicial judgment or order for seizure of property to the State on grounds of unusual wealth or unusual increase of property.

Section16.A member under section 14(4) holds his position for a term of four years.

Upon completion of the term under paragraph 1, if no new member is yet appointed, the member who has retired from the position by rotation shall remain in the position in order to continue the duties until a newly appointed member assumes the duties.

A member who has retired from his position by rotation may be reappointed, but he shall not hold the position for more than two consecutive terms.

Section17.Apart from retirement by rotation, a member under section 14(4) retires from his position upon—

(1)death;

(2)resignation;

(3)discharge by the Council of Ministers on grounds of poor performance of or unfaithfulness to the duties, failure of good behaviour, or lack of ability;

(4)lack of a qualification or attack by a disqualification according to section 15.

Section18.In the event where a member under section 14(4) retires from his position before his term ends, a member shall be appointed to fill the vacant position within sixty days, save where the remaining term of the member is less than ninety days, in which case the appointment of a replacing member may be withheld. And the person who has been appointed to fill the vacant position shall be in such position for the remaining term of the members already appointed.

In the event where a member under section 14(4) retires from his position before his term ends, the Commission shall consist of all the existing members until a member is appointed in accordance with paragraph 1.

Section19.The Commission has the following duties and powers:

(1)to submit opinions to the Council of Ministers or state agencies for improvement of laws, regulations, rules, or other necessary measures under this Act;

(2)to designate policies, work plans, and measures for prevention and suppression of torture, cruel, inhuman, or degrading treatment or punishment, and enforced disappearance;

(3)to designate inclusive policies and measures on the rehabilitation and remedy of the physical and mental conditions of the injured persons, with a view to restoring them to their original state as much as possible;

(4)to designate with the approval of the Ministry of Finance the criteria and procedure for the provision of financial and mental assistances and remedies to the injured persons and the provision of long-term medical rehabilitation to the injured persons;

(5)to designate measures for prevention of the commission of the offences and the concealment of the holding of persons in custody, as well as measures for protection of givers of information about the commission of the offences under this Act;

(6)to examine information and facts as to acts of torture, cruel, inhuman, or degrading treatment, or enforced disappearance in accordance with this Act, and to receive, follow up, and examine complaints;

(7)to consider reports on the situations of the torture, cruel, inhuman, or degrading treatment, and enforced disappearance, and annual reports on performance outcomes, and submit them to the Council of Ministers to further be submitted to the House of Representatives and the Senate and disseminated to the public for general knowledge;

(8)to appoint advisors or subcommissions for the performance of works as assigned by the Commission;

(9)to lay down rules or announcements relating to the costs incurred in the performance of duties and other costs, with the approval of the Ministry of Finance;

(10)to lay down other rules for the execution of this Act.

Section20.At a meeting of the Commission, the members in attendance must not be less than one half of the total number of the members in order that a quorum be met.

At a meeting of the Commission, if the president is absent or unable to carry out his duties, the vice president shall preside over the meeting. If the vice president is absent or is unable to carry out his duties, the meeting shall select one of the members to preside over the meeting.

A decision or verdict of a meeting shall be based on a majority of votes. In casting of votes, one member shall have one vote. If there is a parity of votes, the president of the meeting shall give one additional vote as a casting vote.

Section21.The Department of Rights and Liberties Protection shall be responsible for the administrative works of the Commission, and shall have the following duties and powers:

(1)to coordinate and cooperate with relevant public bodies, state agencies, and private entities in searching for, tracking down, and rescuing victims,

(2)to encourage the participation of relevant public bodies, state agencies, and private entities in the prevention and suppression of torture, cruel, inhuman, or degrading treatment or punishment, and enforced disappearance;

(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[18] 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;

(5)the day, time, and place of release of the person in the custody, and the persons who come to receive the person in the custody;

(6)the information about the physical and mental conditions of the person in the custody, both before the custody and before the release; in the event that the person in the custody dies whilst being in the custody, the cause of his death and the place where his body is kept must be specified;

(7)other information designated by the Commission for prevention of torture, cruel, inhuman, or degrading treatment, or enforced disappearance.

Section24.For the benefit of the person in the custody, a person lawfully interested in the access to the information of the person in the custody, such as his relative, representative, or attorney-at-law, or the Commission, a subcommission, or an authority authorised by the Commission has the right to request the responsible state authority to disclose the information about the person in custody according to section 23.

If the state authority refuses to disclose the information about the person in custody, the requestor has the right to file with the court of the area where he is domiciled, the Criminal Court, or the provincial court of the locality believed to be the place where the act of torture occurs, the act of cruel, inhuman, or degrading treatment happens, or the person subjected to the enforced disappearance was last found, as the case may be, a petition for a court order mandating the disclosure of the said information.

The court has the power to order the state authority under paragraph 1 to disclose to the requestor the information about the person in the custody according to section 23. In the event that the court orders rejecting the disclosure of the information, the requestor may file an appeal with an appellate court. The order of the appellate court shall be final.

Section25.The responsible state authority or court may refuse to disclose the information as to the person who is in the custody according to section 23, if such person is being under the protection of the law as a subject of the jurisdiction of the court and such disclosure would violate the privacy of or would give an adverse outcome to a person or would offer obstruction to the inquiry or investigation into the criminal case.

Section26.When there is an allegation that anyone is being subjected to an act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance, the following persons shall have the right to file with the local court with criminal jurisdiction a petition for an order mandating instant termination of such act:

(1)the injured person or the interested persons according to section 24;

(2)a public prosecutor;

(3)the Director of the Bureau of Investigation and Legal Affairs, Department of Provincial Administration, or the district chief under section 22, or an administrative official authorised by the Director of the Bureau of Investigation and Legal Affairs, Department of Provincial Administration, or by the district chief;

(4)an inquiry official or special case investigator;

(5)the Commission, a subcommission, or an authority authorised by the Commission;

(6)any other person in the interest of the injured person.

Upon receipt of the petition under paragraph 1, the court shall conduct an ex parte hearing promptly, in which the court has the power to summon any state authority or person to appear and give statement or surrender documents or any other objects for the sake of the hearing, or may also order a state authority to bring before the court the person in the custody.

Section27.For the purpose of terminating the alleged act according to section 26 and providing primary remedies for the injury, the court may issue the following order:

(1)the act of torture or cruel, inhuman, or degrading treatment shall be terminated;

(2)the place of custody shall be changed;

(3)the person in the custody shall be allowed to privately meet relatives, attorneys-at-law, or other persons he trusts;

(4)medical treatment, evaluation by forensic physicians and psychiatric physicians certified by the Medical Council of Thailand, production of medical records, and rehabilitation of physical and mental conditions shall be done;

(5)documents, records, or any other information shall be disclosed;

(6)any other appropriate measures shall be designated for the purpose of terminating the act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance, or providing primary remedies for the injury incurred by the injured person.

In the event where the court has considered and found that there is no need for the custody to continue, the court shall order prompt release of the person in the custody.

The court order under paragraph 1 shall be final.

Section28.In event that a person held in custody dies, the responsible state authority shall notify the Commission thereof so that [the Commission] would promptly participate in following up and examining the information and facts as to any torture during the custody.

Section29.Anyone who finds[19] or learns of an act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance shall make a notification to an administrative official, a public prosecutor, an inquiry official, the Commission, or an authorised sub-commission without delay.

The notifier under paragraph 1, if having acted in good faith, incurs no liability, whether civil, criminal, or disciplinary, even though it later appears that there is no such offence as that notified.



Section30.The limitation governing the offence under section 7 shall not commence until the fate of the person subjected to the enforced disappearance is known.

Section31.In Bangkok and other provinces, the senior administrative officials, the administrative officials ranking as from district clerks or equivalents who are under the Department of Provincial Administration, Ministry of Interior, the special case investigators, and the public prosecutors shall, apart from the inquiry officials under the Criminal Procedure Code, be the inquiry officials with the power to conduct inquiries and take responsibilities in accordance with the Criminal Procedure Code and to prosecute the offences under this Act and other connected offences.

In the event where a special case investigator inquires into a case of any offence under this Act, that case shall become a special case according to the law on investigation of special cases.

In the event that an inquiry is conducted by any other agency than a public prosecutor, the responsible inquiry official shall notify the public prosecutor of the causes of the case so that [the public prosecutor] would examine or supervise the inquiry instantly.

In the event where it is uncertain as to the inquiry official of which area or which agency should be the responsible inquiry official, the Attorney-General or the person acting on his behalf shall give a verdict.

In the event that an offender under this Act is a state authority according to the organic law on anti-corruption and is subject to the duties and powers of the National Anti-Corruption Commission, the responsible inquiry official shall proceed with the case in accordance with this Act and notify the National Anti-Corruption Commission thereof.

Section32.The agencies having the power to conduct inquiries and investigations into cases of the offences under this Act shall continuously report the developments in the cases to the injured persons, and the Commission, a subcommission, or an authority authorised by the Commission shall have the duties and powers to follow up the developments in the cases and to undertake all measures for protection of welfare and safety, for recovery, remedy, and rehabilitation of the injured bodies and minds, for provision of legal advice and recommendations, and for provision of support and assistance in relation to the prosecutions, with participation from the injured persons.

Section33.For the purpose of assisting an injured person, an inquiry official or public prosecutor shall, at the earliest opportunity, notify the injured person of the right to claim compensation as a result of the commission of an offence under this Act and the right to legal assistance.

In the event that the injured person has the right to, and wishes to, claim such compensation as said in paragraph 1, the public prosecutor shall also claim the compensation on behalf of the injured person.

Section34.The criminal courts for corruption and misconduct cases shall be the courts with jurisdiction over cases of the offences under this Act, which shall also include cases in which the offenders under this Act are subject to the jurisdiction of a military court at the time of the commission.



Section35.A person who commits an offence of torture according to section 5 incurs a penalty of imprisonment from five years to fifteen years and fine from one hundred thousand baht to three hundred thousand baht.

If the commission of the offence under paragraph 1 causes serious harm to the victim, the offender incurs a penalty of imprisonment from ten years to twenty-five years and fine from two hundred thousand baht to five hundred thousand baht.

If the commission of the offence under paragraph 1 causes death to the victim, the offender incurs a penalty of imprisonment from fifteen years to thirty years, or imprisonment for life, and fine from three hundred thousand baht to one million baht.

Section36.A person who commits an offence of cruel, inhuman, or degrading treatment according to section 6 incurs a penalty of imprisonment not over three years, or fine not over sixty thousand baht, or both such imprisonment and fine.

Section37.A person who commits an offence of enforced disappearance according to section 7 incurs a penalty of imprisonment from five years to fifteen years and fine from one hundred thousand baht to three hundred thousand baht.

If the commission of the offence under paragraph 1 causes serious harm to the victim, the offender incurs a penalty of imprisonment from ten years to twenty-five years and fine from two hundred thousand baht to five hundred thousand baht.

If the commission of the offence under paragraph 1 causes death to the victim, the offender incurs a penalty of imprisonment from fifteen years to thirty years, or imprisonment for life, and fine from three hundred thousand baht to one million baht.

Section38.If the offence under section 35 or section 36 is committed upon[20] a person aged not over eighteen years, a pregnant woman, a person with physical or mental disabilities, or a person incapable of self-dependence due to his age or illness, the offender incurs the penalty provided in such section, aggravated by one half.[21]

If the offence under section 37 is committed upon such a person as that under paragraph 1, the offender incurs the penalty provided in such section, aggravated by one half.

Section39.Anyone who joins a conspiracy to commit an offence according to section 35, section 36, section 37, or section 38 incurs one third of the penalty designated for such offence.

If an offence is committed as a result of such a conspiracy as that under paragraph 1, those joining the conspiracy incur the penalty designated for such offence.

In the event that the offence has been committed to the point of commencement but, due to intervention by anyone joining the conspiracy, the offence is not completed or it has been completed but produces no outcome, the court may impose upon the intervening conspirer a penalty lesser in any degree than that designated by the law.

Section40.An aider in the commission of an offence under section 35, section 36, section 37, or section 38 incurs the same penalty as the principal therein.

Section41.If, before the court of first instance issues a judgment, the offender under section 37, section 38, paragraph 2, section 39, or section 40 assists in the discovery of the person subjected to the enforced disappearance without such person having undergone serious harm or having fallen under a situation of imminent harm to the life, or provides important information beneficial to the prosecution, the court may impose upon him a penalty lesser in any degree than that designated by the law.

Section42.Any superior who learns that a subordinate under his own command is to commit or has committed an offence according to section 35, section 36, section 37, or section 38, and fails to undertake necessary and suitable measures in order to prevent or suppress the commission of the offence, or fails to undertake or refer the matter for further undertaking of investigation and prosecution according to the law, incurs one half of the penalty designated for such offence.

The superior under paragraph 1 must be one with the duty to take responsibilities for and the power to control actions relating to an offence of torture, an offence of cruel, inhuman, or degrading treatment, or an offence of enforced disappearance.



Section43.The text of section 10 shall apply mutatis mutandis to the enforced disappearances committed prior to the day of coming into force of this Act.

Countersignatory:
General Prayut Chan-o-cha
Prime Minister

Note: The grounds for the promulgation of this Act are as follows: As torture and enforced disappearance committed by state authorities amount to serious violations of human rights which should not be committed in any situation whatsoever, it is appropriate to criminalise them and to designate measures for their prevention and suppression, remedial measures for their victims, and other relevant measures in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance, so as to enhance and increase the efficiency of Thailand's law enforcement and protection of human rights. Therefore, it is necessary to enact this Act.

Notes[edit]

  1. The year 2565 BE corresponds to the year 2022 CE.
  2. Literally, "an act of torture, an act which is cruel, void of humanity, or trampling upon human dignity, or an act of causing a person to be lost".
  3. Literally, "the husband, wife, ascendant, descendant, person who cohabits with as husband [or] wife without having registered the marriage, the person maintaining and the person under the maintenance of the person who has been caused to be lost".
  4. Literally, "control of the body".
  5. Literally, "lock of the body".
  6. Originally, "Anyone [who] is an authority of the State[,] commits".
  7. Literally, "for a cause which arises from".
  8. Originally, "Anyone [who] is an authority of the State[,] inflicts".
  9. Originally, "commits an offence of committing an act which is cruel, void of humanity, or trampling upon human dignity".
  10. Originally, "with the authority of the State refusing".
  11. Originally, "thus resulting in that person not receiving the protection according to the law".
  12. Originally, "The commission of the offence".
  13. Originally, "there appears [to be] evidence [by] which [it should be] believe[d] that such person [has] die[d]".
  14. Originally, "the injured person is not in the state of being able to complain or denounce by himself".
  15. Originally, "the husband, wife, ascendant, descendant, person who cohabits with as husband [or] wife without having registered the marriage, the person maintaining and the person under the maintenance of the person who has been tortured, the person who has been treated in a cruel, inhuman, or degrading manner, or the person who has been caused to be lost in accordance with this Act, as the case may be".
  16. Originally, "may not be cited to make the commission of an offence under this Act a lawful action".
  17. Originally, "including".
  18. Literally, "responsible state authority must record pictures and sounds continuously at the moment of the arrest".
  19. Perhaps, the Thai term phop-hen (Thai: พบเห็น) specifically means to find (out) in person or through a first-hand experience, because the compound consists of phop ("to meet, to encounter") and hen ("to see, to perceive with the eyes").
  20. Originally, "If the commission of the offence under section 35 or section 36 is the commission to".
  21. Originally, "incurs a penalty heavier than that provided in such section, one half".

Bibliography[edit]

  • "Phra Ratchabanyat Pongkan Lae Prappram Kanthoraman Lae Kankratham Hai Bukkhon Sunhai Phoso Song Phan Ha Roi Hoksip Ha" [Prevention and Suppression of Torture and Enforced Disappearance Act, 2565 BE]. (2022, 25 October). Ratchakitchanubeksa [Royal Gazette], 139(66A), 43–57. (In Thai).

 This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;'
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

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Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

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