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14 บทบัญญัติทางกฎหมาย เพื่อการป้องกันและปราบปรามการทรมานและการกระทำาให้บุคคลสูญหาย

Chapter 6 studies the approaches of incorporating
international obligations into domestic legislations of five countries

– Switzerland, Brazil, Japan, Nigeria, and Cambodia, on selected
issues that were widely debated and discussed during previous
meetings, conferences, and public hearings on the Draft Act. These

issues are the form of criminalization, scale of punishment, statutory
limitation, prohibition to invoke extraordinary circumstances or

emergency situations, dismissal of testimony rendered through
torture, criminal responsibility of commander, recording of personal
information of those deprived of liberty, access to detention facilities,

and the principle of non-refoulement.

Chapter 7 studies the possible approach of incorporating

international obligations into Thailand’s domestic law, by comparing
the practices of five selected countries and the approach adopted

by four different drafts, which had undergone the required public
hearings.

Chapter 8 provides research outcome and recommendations,

which includes 1) the Draft Act should align the definitions of
“torture” and “enforced disappearance” with those prescribed in
the Conventions, 2) the Draft Act should not contain the statute

of limitation in order to make the escape of the perpetrator
meaningless, 3) the Draft Act should clearly stipulate the prohibition

to invoke extraordinary circumstances or emergency situations to
legitimize the act of torture and enforced disappearance, as well as
the prohibition to violate the non-refoulement principle.

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