After a series of meeting collapses, lawmakers in the Lower House made a plausible move in trying to stop a cabinet order to postpone the implementation of some parts of the anti-torture law for seven months.
On Thursday, House Speaker Chuan Leekpai announced the extension of a general session meeting timeframe after MPs and human rights advocates criticised the cabinet for allowing the enactment of Articles 22-25 in the Prevention and Suppression of Torture and Enforced Disappearance Act to be postponed. The remaining 39 of the anti-torture legislation became effective on Wednesday.
Late on Thursday evening, just before the end of the meeting, the government, at the last minute, tabled the cabinet order for the House to approve it. After amending the enforcement of a high-level legislation act -- only second to the constitution -- the government is obliged to ask parliament to endorse it. The charter allows the government to alter a mandatory high-status law passed by parliament only in emergencies such as a natural disaster.
PM Prayut Chan-o-cha's government early this week granted the postponement in response to a Royal Thai Police (RTP) demand. National police chief Pol Gen Damrongsak Kittiprapas, told the cabinet that the postponement was needed because the police force lacked body cameras, standard equipment and training to record arrests and interrogations.
That was misleading. This legislation provides flexibility for law enforcers to deal with the body camera issue by allowing the use of mobile phone cameras. The previous national police chief in 2021 had already ordered police to record videos during arrests and interrogations.
More disturbing is that chapter sub-sections, such as Article 22 (2) and Articles 23, 24 and 25 are being deferred despite them having nothing to do with a lack of equipment. Delayed implementation of these four chapters will only give way to rights abuses. One of the highly important ones is Article 22 (2) which requires law enforcers to inform local authorities such as a district chief and a public attorney about an arrest and holding in custody.
This passage was written to protect people against unscrupulous law enforcers who detain suspects as they see fit. It is an open secret that unscrupulous law enforcers keep suspects for interrogation, or torture, without recording anything during their time in custody.
Article 23 demands law enforcers record information pertaining to the arrest and custody, such as official orders, time of arrest and the physical and mental state of the detained suspect.
Article 24 permits the suspect's relatives, lawyers or even people like human rights commissioners to visit them. Article 25 requires officials to treat data relating to suspects as classified information.
It is good news that the Lower House will bring the cabinet order up for discussion on Tuesday -- when the current parliamentary session ends. It is hoped that all MPs will not skip the meeting and show up to vote down this irrational cabinet motion. Failing to do so will mean society needs to wait until the next parliament convenes later this year.
Make no mistake, there is some unreadiness. But it needs to be mentioned that this legislation provided 120 days for preparation after it was gazetted in October. So instead of dragging its feet, the government needs to show commitment by making officials comply with the law and to educate them on upholding human rights.
