A Development of Law Concerning on the Prevention and Suppression of Torture and Enforced Disappearance
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Abstract
This article aims to 1) study the concepts, theories, and related research works; 2) study the factual problems and legal problems; 3) study, analyze, and compare the development of laws on prevention and suppression of torture and enforced disappearance of Thailand with foreign countries; and 4) to suggest foreign laws that are appropriate to be applied to the laws of Thailand. The research method is qualitative research, which is a study of documents, laws, academic texts, research, electronic media of Thailand and foreign countries. Focus group discussions are conducted along with in-depth interviews. There are 5 sample groups: investigators, prosecutors, academics, local government officials, and the general public.
The research results found that 1. The concepts used in the problem analysis were the concepts of human rights and human dignity, and human rights in the criminal justice process. 2. This research has problems in fact and law, namely, problems with definitions, obstacles in the work of officials, and conflicts with extradition treaties in international relations. 3. The study of laws on prevention and suppression of torture and enforced disappearances of the United Kingdom, the United States, the Federal Republic of Germany, and the Republic of France was conducted. 4. The researcher recommends that the definitions of torture, cruel, inhuman, or degrading acts or punishments, and enforced disappearances be clearly defined, amending Section 22 by requiring a policy to support tools that help record images and sounds, or providing other agencies to assist in supervising such operations, and amending Section 13 on extradition. The new knowledge gained from this work is the definition of torture, cruel, inhuman, or degrading acts, and enforced disappearances.
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