A Review of Non-Prosecution Orders Issued by Public Prosecutors Acting as Inquiry Officials: A Case Study Under the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565

Abstract

           This article examines the legal issues arising from the designation of public prosecutors as inquiry officials under the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022). Although the Act authorizes public prosecutors to serve in this capacity, inquiry officials are not empowered to make prosecutorial decisions. This arrangement contradicts the principle of integrating investigation and prosecution within a single process. Furthermore, the Act lacks clear legal provisions regarding the review of non-prosecution orders issued by public prosecutors who have conducted the inquiry themselves. As a result, the review process defaults to the Criminal Procedure Code (Sections 145 and 145/1) and Section 34 of the Special Case Investigation Act B.E. 2547 (2004). However, these provisions are ill-suited to the context and legislative intent of the Torture and Enforced Disappearance Act. This article proposes that public prosecutors serving as inquiry officials should be vested with the authority to issue prosecution orders directly. In cases where a non-prosecution order is issued, it should be subject to judicial review by the Court of Appeal. This approach would reinforce the principle of checks and balances within the criminal justice system and more effectively uphold human rights protections in Thailand.