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officials. 22% of enforced disappearances documented by JPF began with this form of arrest. A third – though less common – method of enforced disappearance involves inviting the victim to meet with officials at a specific location. 12% of enforced disappearances documented by JPF began with such an invitation. There is evidence to suggest that those who are enforcedly disappeared also experience other human rights violations including arbitrary detention, torture and extra-judicial killings. Testimony provided by detainees in southern and northern Thailand province in 2003, indicates that these violations were taking place at the time and in the area from which the victims were disappeared. In regard to northern Thailand, JPF has documented witness testimony indicating the arbitrary detention, torture and extrajudicial killing of two individuals who were disappeared in that area. JPF believes that other victims of enforced disappearances have also been the victims of arbitrary detention, torture and in many cases extra-judicial killings. Recovery of the remains of the victims would assist in securing evidence of these violations. Judicial remedies, the right to truth and the right to reparations for enforced disappearances remain largely denied by the state in Thailand. The failure to define ‚enforced disappearance‛ as a crime in Thailand stands in the way of prosecutions. Compounding this is weak investigatory and prosecution bodies that lack independence. In no case has there been an appropriate prosecution of the perpetrator of an enforced disappearance in Thailand. Right to truth is systematically denied as government agencies seek to hide rather than reveal the truth about enforced disappearances. Exacerbating this is the weakness of the National Human Rights Commission which does not have offices outside of Bangkok and has taken little initiative to actively seek the truth in cases of enforced disappearances. Reparations for enforced disappearances, has been extremely limited. In a small number of cases in southern Thailand, 100,000 Baht was paid to the relatives by the Government on recommendation of the Government-established National Reconciliation Commission. The recent recommendation by the Prime Minister-established Committee for Compensation of People Affected by Unrest in the Southern Border Provinces, recommended the Government pay reparations to several cases of enforced disappearances from January 2004 to 30 September 2011. In other regions of Thailand there has been no progress on reparations. Various governments have also failed to ensure cessation and non-repetition of enforced disappearances. Summary of recommendations: The Government should ratify the International Convention for the Protection of All Persons from Enforced Disappearances. The Government should adopt legislation that criminalizes the act of enforced disappearance, creates appropriate investigation mechanisms and ensures the full rights of the victim and their relatives. The Government should amend existing legislation relating to witness protection, detention, ‚good faith‛ clauses and destruction of evidence.

Enforced Disappearances in Thailand  

Enforced Disappearances in Thailand

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