Concerning the incident which was widely reported with the leaked video clips that the suspect in drug case died in the police custody at Muang Nakhonsawan Provincial Police Station where he was beaten and his head was covered by plastic bags for the alleged extortion, the NHRCT rebukes such act for a serious violation of human rights. It contradicts the Constitution, laws and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) to which Thailand is a party and has obligations to comply with.
The NHRCT considers the the case has clear evidence of committing crime and exemplifies the problem of torture by government officers that the NHRCT has periodically received complaints. The NHRCT; therefore, urges the government and relevant agencies to take the following actions:
1. The government should expedite the process of investigation and prosecution against the police officers with transparency and accountability and provide effective witness protection. The Royal Thai Police should also consider the installation of CCTV in all investigation sites to ensure safety and public confidence in justice system.
2. The government should expedite the enactment of the draft Act on Prevention and Suppression of Torture and Enforced Disappearances, B.E. .... in accordance with the NHRCT’s recommendations previously given to the government. (Recently, the Cabinet approved the urgent consideration of the draft law in the meeting of the House of Representatives in order to comply with the Convention against Torture soon.) This will lead to the protection of the rights of the accused and the persons in custody of police, military and other government officers. The enactment will concretize the prevention of torture and enforced disappearances.
3. The government should undertake police reform in terms of structure, procedures, law, particularly the investigation process which must be transparent and accountable by allowing public prosecutors to direct the investigation since the beginning stage of police
investigation. This will comply with international human rights standard that people can access the administration of justice system fairly and efficiently as stated by the spirit of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017).
The NHRCT sincerely hopes that such incident will remind all sectors of society, especially police, to recognize the importance to respect human rights for all peoples without discrimination, whether they are inmates or crime suspects, so that government officials can truly render justice to all.
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