LEGAL GAPS IN THE CONTEXT OF DETAINING STATE OFFICIALS REQUIRING CONTINUOUS AUDIOVISUAL RECORDING UNDER THE PREVENTION AND SUPPRESSION OF TORTURE AND ENFORCED DISAPPEARANCE ACT B.E.2565 (2022)

Abstract

In the past, issues of misconduct, both in terms of actions and processes, have been prevalent in Thailand. Particularly involving the excessive use of legal authority by police officers, such as improper searches, detention, arrests, coerced confessions, fabrication of evidence, extrajudicial killings, and neglect of duty. Such misuse of legal authority often stems from inequalities faced by suspects or detainees, related to social status, social influence, job responsibilities, financial status, personal relationships, and other factors like acquaintances or connections with those in authority. These variables significantly influence the conduct of state officials. Despite the current existence of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565, which ensures that individuals under custody must be continuously audio and video recorded during apprehension and detention until handed over for interrogation or released. However, there is no legal requirement for such recording during interrogation. This legal gap between the apprehension and interrogation stages results in detainees lacking security guarantees during interrogation. It increases risks of coercion, deception, torture, unauthorized use of force, or other unauthorized actions, including extortion of property or benefits, both for oneself or others, by state officials. Another issue is the failure to establish appropriate grounds for continuous audio and video recording, leading to all offenses, from minor infractions to serious crimes, requiring recording in all cases.

The article aims to study the concepts and theories related to human rights principles and the duties under the Prevention and Suppression of Torture and Enforced Disappearance Act BE 2565.

It addresses the issues and impacts concerning the continuous recording of images and sounds by state officials in various contexts. It also compares cases of custodial control requiring continuous recording of images and sounds in the United Kingdom and Germany. The study finds that amendments to the Prevention and Suppression of Torture and Enforced Disappearance Act BE 2565 should be made in two aspects: establishing continuous recording of images and sounds during interrogation and defining appropriate legal grounds for such continuous recording. This aims to standardize practices and reduce discretion in the use of state officials' powers. These amendments are intended to ensure fair criminal justice proceedings involving the recording of images and sounds while protecting human rights in line with the intent of the Prevention and Suppression of Torture and Enforced Disappearance Act BE 2565, as well as complying with international agreements such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), and other relevant treaties