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https://www.nationthailand.com/thailand/politics/40025054

Thai academics cry foul over delay in full enforcement of torture, disappearance law

MONDAY, FEBRUARY 20, 2023

Several academics slammed the Cabinet’s decision to delay the enforcement of four key Articles in the law against torture and forced disappearances, and demanded an immediate House debate on the subject.

Expressing opposition were Thammasat University’s vice rector and legal scholar Prinya Thaewanarumitkul, Cross Culture Foundation chairman Surapol Kongchantuek and president of the Union for Civil Liberty (UCL) Sarawut Pratumrat.

They were responding to the approval of a Cabinet decree on February 14 postponing the enforcement of Articles 22-25 of the Act on Prevention and Suppression of Torture and Enforced Disappearance. The Articles will now be enforced on October 1 instead of February 22.

Timeline of the Act

The draft law was proposed by the Justice Ministry and approved by the Cabinet on June 23, 2022.

On August 17, Prime Minister Prayut Chan-o-cha wrote to House Speaker Chuan Leekpai, seeking cooperation on the speedy passage of the bill.

It was later passed in Parliament and published in the Royal Gazette on October 25, with enforcement scheduled for February 22 this year.

However, on Tuesday, the Cabinet issued an executive decree delaying the enforcement of Articles 22-25 to October 1.

The decree got His Majesty the King’s stamp of approval on Friday and was published in the Royal Gazette on Sunday.

The four delayed Articles and their stipulations are:

• Article 22: State officials are required to make continuous video and audio recordings of the arrest and detention of suspects until they are handed over to interrogating officials or until they are released.

• Article 23: State officials are required to record all information about detainees, including the reasons for arrest or detention, identity, whereabouts and physical conditions of the suspects.

• Article 24: Officials will be required by the court to provide information about the detainees to their relatives or lawyers.

• Article 25: Officials can withhold information about the detainees from the public if the disclosure will violate their privacy, cause harm or inhibit investigation.

Speaking at a press conference, Prinya said this decree should immediately be pulled back and debated upon before the last House meeting is held on February 28.

He said if the decree failed to make its way to the House before February 28, then the government should convene an extraordinary meeting before the House’s tenure expires on March 22.

He added that when the debate is held, voters should find out which parties are pushing for the delay. He said this delay was very harmful to the public because many people could still be tortured and made to disappear in the eight months before the enforcement.

Prinya said he fears the Cabinet will try to buy time until the current House’s tenure expires. This way, the public will have to wait until July, when a new House of Representatives is formed.

Reason for delay ‘unacceptable’

Prinya said the Cabinet issued the decree on grounds that the Royal Thai Police lacked the equipment and personnel required to enforce the law.

“But the law was published on October 25, with a 120-day waiting period. What were those in power doing during these 120 days?” Prinya asked.

At the same press conference, Surapol said this law was good and had been created through public participation.

In fact, he said, Thailand was applauded by the international community for the law, that people had been waiting more than 10 years for.

He added that the delay in the enforcement of these four Articles was unjustified and unconstitutional.

“The decree should be taken up for House debate this week,” Surapol said.

Sarawut, meanwhile, said this delay proves that political officials bowed under the pressure placed by permanent officials.

“Justice Minister Somsak Thepsutin and Deputy Prime Minister Wissanu Krea-ngam allowed the enforcement to be delayed because the Royal Thai Police claimed it was not ready to enforce the law,” Sarawut said.

He also said that with the law not fully enforced, suspects in the deep South would continue being tortured by police.

‘Delay violates human rights’

Last Wednesday, Human Rights Watch (HRW) issued a statement denouncing the delay of the four key provisions.

“The Thai government keeps finding new reasons not to tackle the serious problems of torture and enforced disappearance in the country,” said Elaine Pearson, HRW’s Asia director. “All along the police and other security officials knew training and equipment would be needed to enforce the new law, but instead they could only come up with excuses.”

The HRW said the Thai government’s decision “will make it extraordinarily difficult to enforce the Act on Prevention and Suppression of Torture and Enforced Disappearance because officials are not yet required to provide information about detainees or record arrests and interrogations to prevent abuses from taking place”.

It expressed concern that the delay will allow officials to continue to engage in abusive practices that facilitate enforced disappearances, such as the use of secret detention by anti-narcotics units, as well as the secret detention of national security suspects and suspected insurgents in the South.

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https://www.nationthailand.com/thailand/politics/40025046

Prayut’s new party has no shady business links, insists aide

MONDAY, FEBRUARY 20, 2023

Prime Minister Prayut Chan-o-cha’s United Thai Nation Party (UTNP) has nothing to do with any shady businesses, said PM’s Office Minister Thanakorn Wangboonkongchana.

The declaration was in response to claims made by an opposition MP during last week’s general parliamentary debate.

Thanakorn said on Monday that Prayut does not want his party to launch any lawsuits, but said UTNP would have to eventually protect its name if the opposition does not stop its “unfounded” attacks.

Thanakorn, who has been working closely with Prayut as government spokesman and later as a Cabinet member, was referring to claims made by Move Forward MP Rangsiman Rome.

In the debate, Rangsiman said the UNTP headquarters are located on land belonging to a senator with the Thai initial “Or”.

The MP claimed that this senator is allegedly wanted by police for suspected involvement in drug trafficking. He said an arrest warrant had been issued for the senator but was later downgraded to a summons on grounds that he is a parliamentarian.

On Friday, senator Upakrit Pachariyankun filed a defamation lawsuit against Rangsiman, seeking 100 million baht in damages.

Thanakorn, meanwhile, said on Monday that UTNP was renting the building in line with the law. He added that the party does not consider who owns the building important, as long as it’s being rented lawfully.

He said UTNP has told Prayut that the owner of the building does not face any legal action.

“The UTNP has never been involved in any shady businesses,” Thanakorn reiterated.

Prayut left the ruling Palang Pracharath Party to join UTNP to contest as its PM candidate in the upcoming election.

“The prime minister, who is also the defence minister, has declared that legal action will be taken against anyone involved in shady businesses.

Thanakorn added that Prayut wants the topic to be dropped, “but if they don’t, our lawyers will consider lawsuits against them”.

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https://www.nationthailand.com/thailand/politics/40025044

Democrats unveil election vow to stop free sale of cannabis

MONDAY, FEBRUARY 20, 2023

The Democrat Party is launching its election campaign with a vow to scrap the blanket legalisation of ganja – a policy championed by its coalition partner Bhumjaithai at the 2019 election.

The party had listened carefully to public opinion and found people wanted to end the free sale of marijuana, Democrat assistant secretary-general Chanin Rungsaeng explained.

“Children and youths can easily buy ganja to smoke,” he said, adding that this had sparked widespread worries.

He said the Democrat Party only supported using cannabis for medical purposes.

“We don’t agree with the use of ganja for recreational purposes, which is now happening,” Chanin said.

“We will switch off this channel by drafting a new law to control ganja sales. Sales will be allowed only with doctor’s prescriptions to protect children and ease the worries of parents.”

In June last year, the Bhumjaithai-controlled Public Health Ministry kept the party’s 2019 election pledge to decriminalise hemp and cannabis by removing both plants from the narcotics list.

However, decriminalisation has led to complaints by some parents and doctors of widespread use of cannabis for recreational rather than medical purposes.

Democrat opposition led to delay of Bhumjaithai’s bill to regulate its marijuana and hemp use, and the draft is expected to lapse as the House’s tenure is ending next month.

Another core Democrat election policy is community banks set up with 2 million baht to offer low-interest loans for local SMEs.

If elected, the party will also push to waive online sales tax for community enterprises and shops and it would negotiate with food delivery platforms to reduce its fee on food shops from 30% to 20%.