•
the conclusions made in the report of the Asia Legal Resource Centre titled Article 2 –
Special report: Torture Committed by the Police in Sri Lanka.
Thailand
The ACJ recommends that the National Human Rights Commission of Thailand (NHRCT)
urges its government to address the following issues:
•
the need for Thailand to become a party to the First Optional Protocol, CAT, OPCAT, the
Refugee Convention, the Protocols to the Geneva Conventions, and the Rome Statute.
•
the Constitutional provision allowing for derogation from the rights recognised in the
Constitution on the basis of ‘necessity’;
•
the need to provide a legislative definition of torture;
•
the decision of Thai courts not to recognise customary international law except to the
extent that it is reflected in domestic laws;
•
the limitation on the extra-judicial jurisdiction of Thai courts to offences ‘affecting
Thailand’;
•
the need to have set minimum standards of interrogation for police and other disciplinary
forces except for those provided in the Constitution;
•
reports of persons located on the Thai border being forcibly returned to their country of
origin;
•
reports of overcrowding and sub-standard conditions in Thai prisons;
•
the inconsistency of the recent emergency decree with human rights obligations and the
Constitution.
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