Aug 30, 2017 | News
On 30 August, the ICJ co-hosted an event in Bangkok, Thailand, named “International Day of the Victims of Enforced Disappearance: Human Rights Defenders & the Disappeared Justice”.
The event began with opening remarks by South-East Asia’s Regional Representative of the United Nations Office of the High Commissioner for Human Rights (OHCHR) Cynthia Veliko.
Thereafter, Kingsley Abbott, ICJ Senior International Legal Adviser, spoke in a panel discussion about enforced disappearances in Thailand, highlighting the need for Thailand to comply with its human rights obligations under international law.
This panel discussion also included Ms. Oranuch Phonpinyo, Community Representative, forensics expert Dr. Pornthip Rojanasunan and former National Human Rights Commissioner Dr. Niran Pitakwatchara.
In a second panel discussion held during the event, speakers included Ms. Phinnapha Phrueksaphan, Victim Representative, Ms. Angkhana Neelapaijit, National Human Rights Commissioner and Victim Representative, Ms. Nareeluc Pairchaiyapoom from Thailand’s Ministry of Justice and prominent human rights lawyer Mr. Somchai Homlaor.
The event focused on the lack of progress in Thailand with regard to investigating cases of apparent enforced disappearance and called for the Royal Thai government to amend and pass legislation criminalizing torture, ill-treatment and enforced disappearance without further delay.
Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
The other organizers of the event were OHCHR’s South-East Asia Regional Office, the Cross Cultural Foundation (CrCF), Human Rights Lawyers Association (HRLA), the Esaan Land Reform Network, Amnesty International Thailand, Thailand’s Ministry of Justice and the Association for the Prevention of Torture (APT).
Copies of an open letter sent by the ICJ and other human rights groups to the Royal Thai government on 30 August were distributed to the event’s participants.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, kingsley.abbott(a)icj.org
See the full open letter here in English and Thai
Read also
Ten Years Without Truth: Somchai Neelapaijit and Enforced Disappearances in Thailand
Jul 31, 2017 | News
On 29-31 July 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a workshop on “Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations” for 25 academics, NGO representatives and lawyers in Chiang Mai.
The objective of the workshop, held at the Chiang Mai University campus, was to provide an overview of the field of business and human rights, including the UN Guiding Principles on Business and Human Rights and its “Protect, Respect and Remedy” framework, which Thailand affirmed its commitment to on 31 May 2017, and the need for a binding treaty on business and human rights.
Day 1 focused on the UN framework as it applies to business and human rights, investment law, and strategic litigation.
Day 2 focused on criminal and civil litigation, women’s rights and business, children’s rights and business, and land rights.
Day 3 focused on the basic principles that apply to documenting and reporting on human rights violations.
The speakers at the workshop were:
- Daniel Aguirre, ICJ International Legal Adviser, Myanmar
- Irene Pietropaoli, Expert consultant on business and human rights
- Sanhawan Srisod, ICJ Associate National Legal Adviser, Thailand
Jun 26, 2017 | Advocacy
Amnesty International (AI) and the ICJ welcome the commitments made by the Royal Thai Government to prevent torture and other ill-treatment and urge authorities to ensure no further delay in implementing these undertakings.
The statement came on on the 30th anniversary of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) – marked on June 26 as the International Day in Support of Victims of Torture.
October 2017 will mark ten years since Thailand pledged to respect and protect the right of all persons to be free from torture and other ill-treatment by ratifying the Convention against Torture. AI and the ICJ however remain concerned that torture is still prevalent throughout the country.
Thailand has made significant and welcome commitments at the United Nations Committee against Torture, Universal Periodic Review of the Human Rights Council and UN Human Rights Committee to uphold its obligations under the Convention against Torture.
These include commitments to penalize torture, as defined in the Convention, under its criminal law and to create an independent body to visit all places of detention under the purview of the Ministry of Justice.
However, to date, these remain paper promises, which have not yet translated into action.
AI and the ICJ call on Thailand to move forward with these commitments, including by criminalizing torture and other acts of ill-treatment, establishing practical, legal and procedural safeguards against such practices, and ensuring that victims and others can report torture and other ill-treatment without fear.
The prohibition of torture and other ill-treatment in international law is absolute. Torture is impermissible in all circumstances, including during public emergencies or in the context of threats to public security.
AI and the ICJ regret repeated delays to the finalisation and passage of Thailand’s Draft Prevention and Suppression of Torture and Enforced Disappearance Act.
If the remaining discrepancies with the Convention against Torture are addressed, the passage of this Act would criminalise torture and enforced disappearances and establish other safeguards against these acts.
Both organizations urge the Royal Thai Government to actualise its commitment to eradicating torture by addressing remaining shortcomings in the Act and prioritising its passage into law in a form that fully complies with Thailand’s obligations under the Convention against Torture and the Convention for the Protection of All Persons from Enforced Disappearance.
Additional consultations with the public and other parties should be carried out in a transparent and inclusive manner and without delay.
Similarly, AI and the ICJ urge Thailand to move ahead with its commitment to ratify the Optional Protocol to the Convention against Torture, which obligates authorities to establish a National Preventive Mechanism – an independent expert body authorised to visit places of detention, including by carrying out unannounced visits – as well as to allow such visits by an international expert body.
Such independent scrutiny is critical to prevent torture and other ill-treatment, including through implementing their detailed recommendations based on visits.
Authorities should also act immediately on the commitment made at Thailand’s Universal Periodic Review before the United Nations Human Rights Council in 2016 to inspect places of detention in line with the revised UN Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules.
Thailand-Torture satement AI-ICJ-Advocacy-ENG-2017 (full statement in English, PDF)
Thailand-Torture satement AI-ICJ-Advocacy-THA-2017 (full statement in Thai, PDF)
Jun 23, 2017 | News
Today, the ICJ co-hosted an event in Bangkok, Thailand, named “Torture Bill, Still No Justice” to commemorate International Day in Support of Victims of Torture.
The event began with a keynote address by Professor Vitit Muntarbhorn, Special Rapporteur on violence and discrimination based on sexual orientation and gender identity and former ICJ Commissioner.
Following a screening of the film “The Railway Man”, the ICJ moderated a panel discussion which included victims of torture.
The event focused on the decision in February this year of Thailand’s National Legislative Assembly (NLA) to further delay the passage of essential legislation criminalizing torture and enforced disappearance.
Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
The other organizers of the event were the Southeast Asia Regional Office of the Office of the High Commissioner for Human Rights, Amnesty International Thailand, the Cross-Cultural Foundation (CrCF), the Association for the Prevention of Torture (APT) and the Canadian Embassy in Bangkok.
A comic in English and Thai named “Torture is a Crime” was produced especially for the event by Shazeera Zawawi of APT.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; e: kingsley.abbott(a)icj.org
Thailand-Comic-Torture is A Crime-Advocacy-2017-ENG (English version of the comic, PDF)
Thai version here
May 26, 2017 | News
The ICJ has launched the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) in Thailand, together with the Thai Ministry of Justice, the Office of the High Commissioner for Human Rights and the German Embassy in Bangkok.
The launch on Thursday coincided with a parallel launch of the revised Minnesota Protocol by the Office of the High Commissioner for Human Rights in Geneva.
The Minnesota Protocol is a companion document to the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (1989), and sets a common standard of performance in investigating potentially unlawful death and a shared set of principles and guidelines for States, as well as for institutions and individuals who play a role in death investigations.
The launch was attended by representatives of the Ministry of Justice, Ministry of Foreign Affairs, the Royal Thai Police, the Office of the Attorney General, the Ministry of Defence, and the National Human Rights Commission of Thailand.
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia and member of the Forensics and Legal Working Groups which assisted with the revision the Minnesota Protocol, opened the event for the ICJ by commending Thailand for hosting the first national launch of the revised Minnesota Protocol.
“Investigations play a key role in accountability by upholding the right to life which is guaranteed by Article 6 of the International Covenant on Civil and Political Rights, to which Thailand is a State Party,” said Abbott. “All over the world we witness impunity in cases of unlawful death because either investigations do not take place or are inadequate and non-compliant with international law and standards.”
“The Minnesota Protocol makes it clear that investigations must be prompt, effective and thorough, as well as independent, impartial and transparent, and we expect that the revised Minnesota Protocol will help Thailand and other States to meet that obligation,” added Abbott. “The ICJ wishes to take this opportunity to reaffirm our long-standing commitment to the Thai authorities to assist them in efforts to implement Thailand’s international human rights obligations.”
The other speakers at the launch were:
- Ms Pitikarn Sitthidech, Director General, Rights and Liberties Protection Department, Ministry of Justice
- Ms Katia Chirizzi, Deputy Head, Office of the High Commissioner for Human Rights (OHCHR), Regional Office for Southeast Asia
- Prof. Stuart Casey-Maslen, Project Manager of the revision of the Minnesota Protocol, University of Pretoria
- Dr Pornthip Rojanasunan, Adviser, Central Institute for Forensic Science (CIFC) and member of the Expert Advisory Panel of the revision of the Minnesota Protocol
- Ms Angkhana Neelapaijit, Commissioner, National Human Rights Commission of Thailand and Victim Representative
- Mr Kittinan Thatpramuk, Deputy Director General, Department of Investigation, Office of the Attorney General
- Pol.Lt.Col. Payao Thongsen, Commander, the Special Criminal Cases Office 1, Department of Special Investigation (DSI)
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345; e: kingsley.abbott(a)icj.org
Universal-Minnesota Protocol-Advocacy-2017-ENG (PDF, English)
Universal-Minnesota-Protocol-Advocacy-2017-THA (PDF, Thai)
Universal-Minnesota Protocol-Advocacy-2017-BUR (PDF, Burmese)
