Problems Concerning the Prevention and Suppression of Torture and Enforced Disappearance Involving State Officials

Abstract

This research consists purposes were 1. to examine the concepts, theories and legal principles related to the prevention and suppression of torture and enforced disappearance 2. to comparatively analyze laws on the prevention and suppression of torture in foreign countries and Thailand 3. to study and analyze problems concerning the prevention of torture and enforced disappearance in foreign countries and Thailand and 4. to propose recommendations for legal reforms on the prevention and suppression of torture and enforced disappearance by state officials. This study employs qualitative research using a documentary research methodology. The researcher collected data from relevant documents, laws, regulations, notifications and other official documents concerning the prevention and suppression of torture and enforced disappearance by state officials. The collected data were analyzed using Qualitative Content Analysis. The findings reveal that 1) Natural Rights Theory affirms that human beings possess inherent rights over their body and life that the state cannot deprive even in emergencies, while Social Contract Theory holds that torture or enforced disappearance by state officials constitutes a breach of the social contract for which the state must be accountable. 2) Compared to foreign jurisdictions such as the United States, United Kingdom and France, Thailand lacks specific legislation criminalizing these acts, independent oversight bodies and victim redress mechanisms aligned with the United Nations Convention Against Torture (UNCAT) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). 3) Thailand's Anti-Torture and Enforced Disappearance Act B.E. 2565 defines torture too narrowly, requires proof of intent to obtain a confession and suffers from a culture of impunity and 4) The researcher recommends broadening the definition of torture to align with international conventions, reversing the burden of proof onto the state, establishing a Paris Principles-compliant independent body with unannounced inspection authority and guaranteeing families’ right to truth.