A/HRC/19/8
40.
Regarding concerns about the political situation, particularly the allegations of
excessive use of force during the events of May 2010, Thailand recalled that, as a general
principle, the international seven steps for crowd control had been applied to all incidents,
and that alleged excessive use of force by security officers are being investigated.
Furthermore, pursuant to recommendations made by the TRCT concerning the detention of
protestors, legal and financial assistance had been provided for those detainees who had
sought bail. As a result, seven core leaders and 25 protesters had been released on bail. In
total, the Government has also provided, so far, approximately US$3.5 million in
assistance, including statutory compensation for dead and injured.
41.
As to the concerns regarding the restrictions imposed on the freedom of expression,
in particular through the use of the lese-majesty law, Thailand stated that measures had
been taken to avoid potential issues arising from the application of the law, including the
setting up of a Committee in the Royal Thai Police headquarters to screen the legal merits
of charges against individuals on the basis of the law, as well as an advisory committee for
law enforcement agencies, that functions as an additional review mechanism.
42.
Regarding the Computer Crimes Act, Thailand explained that a court approval was
required before authorities could suspend access to websites, and that the Act was
undergoing amendment, including through the collection of views from Internet service
providers and web hosting service providers, so as to ensure that it would be in compliance
with international standards.
43.
Regarding the death penalty, Thailand again emphasized that it had abolished the
death penalty for persons under eighteen and was no longer applying capital punishment to
pregnant women and persons suffering from mental disorders.
44.
With respect to prison conditions, Thailand indicated that all alleged offenders could
apply for provisional release, and that funding was provided by the Ministry of Justice for
those unable to afford bail. Furthermore, the criminal procedure code had been amended to
allow for alternatives to imprisonment.
45.
Regarding questions about the judiciary, Thailand stated that the independence of
the judiciary was guaranteed by the Constitution, and that it was committed to ensuring an
effective, transparent and timely administration of justice.
46.
With regard to the Emergency Decree in the Southern Border Provinces, Thailand
considered that the violence had substantiated the need for special security laws. However,
the Emergency Decree did not provide for impunity of government officials, nor arbitrary
arrest or detention of suspects for indefinite periods of time without trial. In this regard,
Thailand pointed out that representatives of the International Committee of the Red Cross,
the National Human Rights Commission, United Nations agencies and the diplomatic corps
had been granted access to interviewing centres. Furthermore, the Emergency Decree was
being reviewed by the Cabinet every three months, with a view to gradually discontinuing
special security laws.
47.
The delegation informed that steps had been taken to protect human rights defenders
and their families, including through the enactment of the Witness Protection Act.
48.
On issues relating to displaced persons and asylum-seekers, the delegation recalled
that while it was not a party to the 1951 Refugee Convention, it had long observed
humanitarian principles, including that of non-refoulement.
49.
Regarding detention of illegal migrants, the delegation stated that it had provided
illegal migrants with the necessary humanitarian assistance, and grants conditional release
on a case-by-case basis.
8
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