Thailand
26.11.24

Thailand: Impunity, enforced disappearances and legal safeguards in focus

During the 81st Session of the Committee Against Torture (CAT) on Tuesday, 5th of November, and Wednesday, 6th of November 2024, the CAT reviewed the 2nd periodic report of Thailand.

The country rapporteurs were Mr. Liu Huawen and Mr. Todd Buchwald.

The country delegation was led by Ms. Aimon Siangyai, Director-General of the Rights and Liberties Protection Department, Ministry of Justice of Thailand.

Main issues discussed

The Committee highlighted persistent impunity, despite Thailand’s adoption of the Prevention and Suppression of Torture and Enforced Disappearance Act in 2022. Cases of torture, deaths in custody, and enforced disappearances have not been adequately investigated. The Committee called for the Act to be brought in line with the Convention and emphasized the importance of training for law enforcement and judicial officers.

Regarding legal safeguards, the Committee expressed concern over the use of special laws, particularly in the Southern Border Provinces, allowing for prolonged detention with no judicial oversight, thus increasing the risk of torture and ill-treatment. The Committee urged Thailand to repeal these laws and ensure key legal safeguards for detainees.

The Committee also raised concerns over Thailand’s failure to thoroughly investigate cases of enforced disappearances, including those involving Thai human rights defenders and political activists in neighboring countries. It highlighted the heightened risk faced by refugees and asylum seekers, who are often subject to arrest, detention and deportation.

The Committee raised concerns over mass expulsions and extradition requests which may circumvent the principle of non-refoulement and subject individuals to persecution.

The Committee expressed serious concerns about excessive use of force in the demonstration. It noted reports of injuries caused by tear gas, rubber bullets, and other riot control measures, as well as allegations of torture and ill-treatment of detained protesters. The Committee called for independent investigations into these incidents.

The Committee also addressed systemic issues within Thailand’s justice and detention system, condemning the use of restraints, prolonged solitary confinement, and inadequate complaint mechanisms.

Finally, the Committee expressed serious concerns over allegations of torture and ill treatment in the Thai military. It called on Thailand to amend the Military Discipline Act, establish an independent oversight body, and implement effective mechanisms to ensure access to justice and accountability.

The CAT’s recommendations are available here.

Follow-up Recommendations

The CAT outlined specific recommendations for Thailand, requesting the State party to provide information by 22 November 2025 on the implementation of recommendations regarding

  • The prohibition of statutes of limitations for crimes of torture and enforced disappearances.
  • Adequate resourcing of the National Committee on the Prevention and Suppression of Torture and Enforced Disappearance.
  • A strict framework for the use of administrative detention and the improvement of conditions in immigration detention.

Watch here (part one and part two) of the dialogue with the CAT.

Read our alternative report the CAT (in English).