Reports of human rights treaty monitoring bodies

Concluding Observations of the Human Rights Committee – Thailand (2005) [PDF]

The Committee expressed concern about the persistent allegations of excessive use of force by law enforcement officials, as well as ill-treatment at the time of arrest and during police custody – see paragraph 15.

“The State party should guarantee in practice unimpeded access to legal counsel and doctors immediately after arrest and during detention. The arrested person should have an opportunity immediately to inform the family about the arrest and place of detention. Provision should be made for a medical examination at the beginning and end of the detention period. Provision should also be made for prompt and effective remedies to allow detainees to challenge the legality of their detention. Anyone arrested or detained on a criminal charge must be brought promptly before a judge. The State party should ensure that all alleged cases of torture, ill-treatment, disproportionate use of force by police and death in custody are fully and promptly investigated, that those found responsible are brought to justice, and that compensation is provided to the victims or their families.”

The Committee also expressed concern about:

• the overcrowding and general conditions of places of detention, particularly with regard to sanitation and access to health care and adequate food;
• the observation of the right of detainees of access to lawyers and members of the family;
• the duration of detention before a person is brought before a judge;
• the significant number of women in the prison population and the fact that juveniles are often held in adult cells – see paragraph 16

“The State party should bring prison conditions into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners as a matter of priority. The State party should guarantee the right of detainees to be treated humanely and with respect for their dignity, particularly with regard to hygienic conditions, access to health care and adequate food. Detention should be viewed only as a last resort, and provision should be made for alternative measures. The use of shackling and long periods of solitary confinement should be stopped immediately. Special protection should be provided for juveniles, including their compulsory segregation from adults.”

Concluding Observations of the Committee on the Rights of the Child – Thailand (2012) [PDF]

The Committee expressed concern that many migrant workers in irregular situations and their children face arrests and deportations without any risk assessment as to whether their return would be safe.

“The Committee recommends that the State party conduct a risk assessment study as to whether the return of migrants and their children to their countries of origin would be safe. Furthermore, the Committee recommends that the State party take necessary legislative and policy measures to protect children in various migration situations from exploitation and hazardous working conditions.”