Anti-torture law falling short, seminar told

Rules exist, but weak checks and fear block justice, writes Poramet Tangsathaporn

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Battling the elements Troops from the army's Veterinary and Remount Department patrol on horseback to monitor and prevent wildfires and PM2.5 pollution in Huai Tueng Thao, Mae Rim district, Chiang Mai. ROYAL THAI ARMY

Three years after Thailand enacted a landmark legislation to combat torture and enforced disappearance, rights advocates and legal experts contend the law still faces serious gaps in enforcement.

The Prevention and Suppression of Torture and Enforced Disappearance Act was introduced to safeguard people from abuse, particularly by state authorities. Yet discussions at a Feb 20 online seminar hosted by Amnesty International Thailand and The Reporter suggested that the promise of the law has yet to translate into consistent justice.

Participants reviewing the law's implementation argued that while the legislation established a stronger legal framework, structural weaknesses, institutional mindsets and procedural loopholes continue to hinder its effectiveness.

LIMITED ENFORCEMENT

When the law was passed on Feb 22, 2022, it was widely regarded as a milestone for human rights protection in Thailand. It aimed to criminalise torture and enforced disappearance while ensuring accountability and reparations for victims.

However, Namtaee Meeboonsalang, a special public prosecutor at the Office of the Attorney General and one of the law's drafters, said the legislation has often been poorly applied.

According to him, instead of strengthening accountability, the law has at times been used to obscure wrongdoing by state officials.

“While this bill aims to prevail justice, it has been poorly applied and, even worse, being distorted to whitewash the wrongdoing by the state official,” he told the seminar.