Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565
Section 3 In this Act; “Victim” means a person who suffers damage to life, body, or mind as a result of an act of torture or a cruel, inhuman, or degrading treatment or an enforced disappearance including the victim’s spouses, ascendents, Translation descendants, life partners without marriage registration, custodians and those under custodianship of the person forcefully disappeared “Public official” means a person who exercises or is bestowed with state power or is appointed, receives permission, is supported, or is recognized, directly or indirectly by the holders of state power to carry out their legal duties. “Committee” means the Committee on Prevention and Suppression of Torture and Enforced Disappearance. “Detention” means an arrest, deprivation of liberty, confinement, isolation, incarceration, or any other similar acts to restrict a person of liberties in their body.
Section 11 In a case of torture under Section 5 or cruel, inhuman, or degrading treatment under Section 6 where a victim have no capacity to report the case or to complain by themselves or in the case of enforced disappearance under Section 7, the spouses, ascendents, descendants, life partners without marriage registration, custodians and those under custodianship of the person subject to torture or cruel, inhuman, or degrading treatment or enforced disappearance under this Act, depending on the nature of each case, shall be considered an injured party pursuant to the Criminal Procedure Code.
Section 5 A person who is a public official and has intentionally inflicted severe pain or suffering, physical or mental, for one of the following purposes: (1) To obtain information or a confession from affected person or a third person; (2) To punish the affected person for the act that such person or the third party has committed or is suspected of having committed; (3) To threaten or coerce affected person or a third person; or (4) To discriminate based on any grounds, Such person commits an act of torture.
Section 6 A person who is a public official who commits any cruel, inhuman, or degrading treatment or punishment, which, as a result, has dehumanized or violated fundamental human rights, human dignity or inflicted physical or mental plains to another person, which is not an offence under Section 5, the person shall be held accountable for committing a cruel, inhuman, or degrading treatment. Translation The act under the first paragraph shall exclude an injury normally caused by the implementation of a lawful punishment.
Section 7 A person who is a public official and has detained or abducted a person, and whereby a public official denied committing such act or conceal the fate or whereabouts of such person, resulting in the exclusion of such person from the legal protection, such person shall be held accountable for committing enforced disappearance. The offence under the first paragraph shall be treated as a continuous offence until the fate of the person can be established.
Section 13 No government organizations or public officials shall expel, deport, or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of torture, cruel, inhuman, or degrading treatment, or enforced disappearance.
