Thailand: OMCT and CrCF submit alternative report to the UN Committee Against Torture for its 81st session
The World Organisation Against Torture (OMCT), in partnership with the Cross Cultural Foundation of Thailand (CrCF), has submitted an alternative report to the United Nations Committee Against Torture (CAT) as part of the CAT’s 81st session, held on November 12 and 13, 2024. This report sheds light on Thailand's ongoing challenges in addressing torture, cruel and inhuman treatment, and enforced disappearances.
Thailand had submitted its second periodic report (CAT/C/THA/2) to the CAT in January 2021, in compliance with Article 19 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). In response, OMCT and CrCF have prepared this alternative report to highlight critical gaps in the country's legal and institutional framework. Despite the enactment of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022), systemic issues persist, including a culture of impunity in law enforcement and military institutions and insufficient legal safeguards for victims of torture and enforced disappearances.
The alternative report was developed through a comprehensive and participatory process that involved consultations with internal stakeholders and external experts, along with three national consultations held in Narathiwat, Bangkok, and Chiang Mai. It provides an in-depth analysis of the challenges Thailand faces in meeting its obligations under the UNCAT, including shortcomings in the legal framework, particularly within the Anti-Torture and Enforced Disappearance Act. It also identifies systemic failures that hinder access to justice and reparations for victims.
The report underscores the prevalence of torture and ill-treatment in police stations, military camps, and detention facilities, often as part of coercive interrogation practices. Methods such as beatings, electric shocks, waterboarding, and psychological abuse continue to be reported. Extended detention without judicial oversight further exacerbates the risks of torture and reinforces impunity. Additionally, concerns persist regarding the treatment of detainees, including the use of restraints during court hearings, which could amount to degrading treatment under international standards.
Within the military, deficiencies in disciplinary mechanisms have led to severe abuses against conscripts, including instances of torture resulting in injury or death. Enforced disappearances remain a significant concern, with human rights defenders and political dissidents often targeted. The lack of accountability in these cases, coupled with instances of transnational repression, highlights the systemic failures in addressing these violations.
The report also raises concerns about the inadequacies in the complaints process, where many allegations of torture are dismissed due to flawed investigations or limited understanding of torture’s definition by authorities. Victims face numerous barriers in accessing reparations, including bureaucratic obstacles and insufficient documentation. Additionally, human rights defenders, journalists, and families of victims face escalating threats, including physical violence and judicial harassment, as legal mechanisms are frequently weaponised to suppress dissent.
OMCT and CrCF call on the Committee Against Torture to urge the Government of Thailand to take immediate and decisive action to address these issues. The report recommends aligning domestic legislation with international standards, ensuring independent investigations into allegations of torture and enforced disappearances, and providing timely legal redress and reparations for victims and their families. It also stresses the need for stronger protections for human rights defenders and civil society actors facing heightened risks.