• 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. 52

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