On 27 March 2018, the ICJ, Thai Lawyers for Human Rights (TLHR) and the Cross Cultural Foundation (CrCF) made a joint supplementary submission to the UN Human Rights Committee on Thailand’s implementation of its human rights obligations under the International Covenant on Civil and Political Rights (ICCPR).

In their submission, the ICJ, TLHR and CrCF detailed their concerns in relation to Thailand’s failure to implement the Committee’s recommendations, including the ongoing human rights shortcomings of the country’s Constitutional and legal framework; the continued lack of domestic legislation criminalizing torture, other ill-treatment and enforced disappearance; and reports of torture and other ill-treatment. In addition, the three human rights organizations expressed concern over the use of the Emergency Decree on Public Administration in Emergency Situation to combat the COVID-19 outbreak, and measures imposed under the Decree that may constitute a blanket restriction on fundamental freedoms, including the rights to free expression, opinion, information, privacy and freedom of assembly and association, with no opportunity for the courts to review these extraordinary measures. 

The organizations’ submission also describes human rights concerns with respect to the following:

Constitution and legal framework

• Head of the NCPO Order No. 22/2561; and
• Head of the NCPO Order No. 9/2562

Extrajudicial killings, enforced disappearances and torture

• continued lack of domestic legislation criminalizing torture, other ill-treatment and enforced disappearance;
• reports of extrajudicial killings, torture, other ill-treatment, enforced disappearances, and the progress and results of investigations;
• the application of security-related laws; and
• threats and reprisals against persons working to bring to light cases of alleged torture, ill–treatment and enforced disappearance.

Background 

On 23 March 2017, during its 119th Session, the Human Rights Committee adopted its Concluding Observations on the second periodic report of Thailand under article 40 of the ICCPR.

 Pursuant to its rules of procedure, the Committee requested Thailand to provide a follow up report on its implementation of the Committee’s prioritized recommendations made in paragraphs 8 (constitution and legal framework) 22 (extrajudicial killings, enforced disappearances and torture) and 34 (conditions of detention), within one year of the adoption of its Concluding Observations - i.e., by 23 March 2018.

 On 18 July 2018, Thailand submitted its follow-up report to the Committee. The report was published on 9 August 2018. 

On 27 March 2018, the ICJ, TLHR and CrCF made a joint follow-up submission to the UN Human Rights Committee. However, since then, there have been several developments that the three organizations wish to bring to the attention of the Committee through this supplementary submission.

The UN Human Rights Committee will review Thailand’s implementation of the prioritized recommendations during its 129th Session, in June/July 2020.