CAT/C/THA/CO/1
6.
The Committee welcomes the following legislative measures taken by the State
party in areas of relevance to the Convention, including the adoption of:
(a)
The Penal Code Amendment Act (Nos. 19 and 20), in 2007, and (No. 21), in
(b)
The Criminal Procedure Code Amendment Act (Nos. 25 and 26), in 2007;
(c)
The Domestic Violence Victim Protection Act, in 2007;
(d)
The Anti-Trafficking in Persons Act, in 2008;
(e)
The Juvenile and Family Court and Procedures Act, in 2010.
2008;
7.
The Committee notes with appreciation the voluntary pledges and commitments
made in the context of the universal periodic review that Thailand will amend its laws to
bring them into line with the international human rights instruments, including ensuring
that criminal laws are in line with the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. The Committee also welcomes the
invitation to the Special Rapporteur on torture and other cruel, inhuman and degrading
treatment or punishment to visit the State party during this year.
C.
Principal subjects of concern and recommendations
Declarations under articles 1, 4 and 5 of the Convention
8.
The Committee is concerned about the interpretative declarations that the State party
made at the time of accession to the Convention, on 2 October 2007, with regard to articles
1, 4 and 5 of the Convention, in which the State party declares that it will, inter alia,
interpret the term “torture” in conformity with the Penal Code currently in force in the State
party, which does not contain a definition of torture. The Committee notes that the State
party had also declared at the time that it would “revise its domestic law to be more
consistent with [articles 1, 4, and 5] of the Convention at the earliest opportunity” and that
it had reiterated that commitment in its initial report (para. 60) as well as during the
dialogue. The Committee further notes that, in its common core document, the State party
indicated that a number of reservations made at the time of ratification to other human
rights treaties had been withdrawn further to commitments it had made during the universal
periodic review.
Noting that the declarations raise questions as to the State party’s overall
implementation of its treaty obligations, and appreciating the statement made by the
representative of the State party that the possibility of withdrawal was being
discussed, the Committee recommends that the State party consider withdrawing the
declarations to articles 1, 4 and 5 of the Convention promptly so as to ensure it is in
compliance with the requirements of the Convention and gives effect to all the
provisions of the Convention.
Definition and criminalization of torture
9.
While noting that Section 32, paragraph 2, of the Constitution of Thailand prohibits
acts of torture, the Committee is concerned about the absence of a definition of torture and
that torture is not recognized as an offence, in accordance with the Convention, in the State
party’s legal system. In addition, the Committee is concerned that the draft amendment to
the Penal Code with regard to torture, (a) does not reflect the non-exhaustive list of
purposes for which torture may be inflicted nor does it include discrimination as a purpose;
(b) provides for a higher degree of pain and suffering than that set forth in article 1 of the
Convention; (c) contains a definition of “public official” that is more limited than that set
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