Partial enforcement ‘unconstitutional’
Human rights groups are calling on the House of Representatives to vote against an executive decree postponing the enforcement of key provisions of the law against torture and enforced disappearance, saying the delay is a violation of the constitution.
A special House meeting will be held on Tuesday, the last day of parliament, to consider the decree following a consensus between government and opposition whips that debate is urgently needed.
On Feb 19, the cabinet issued a decree postponing the enforcement of sections 22–25 of the law until Oct 1 as proposed by the Justice Ministry, citing a lack of budget for equipment, such as police body cameras.
The law, published in the Royal Gazette on Oct 25, last year, came into effect on Feb 22, except for the four provisions.
The sections outline measures to prevent abuse and harassment and keep the authorities’ use of power in check.
They require police to use body cameras during searches, arrests, and requires officials to provide a report of any arrest to local officials and prosecutors.
Justice Minister Somsak Thepsutin has defended the decision to delay the enforcement of the sections, saying enforcing the law in its entirety would backfire without proper equipment and training.
A network of 20 human rights groups led by the Union for Civil Liberty on Sunday spoke out, saying the executive decree is a violation of Section 172 of the constitution.
That section stipulates that such a decree can only be issued to deal with emergencies and pressing matters, such as protecting national security, public safety, economic stability or preventing public disasters.
Also, the national police chief had already ordered police to use body cameras during a search and arrest in 2021, the group said, adding the delayed enforcement won’t improve national security or public safety.
“There is no justification for the cabinet to issue the decree, so parties and the House should not endorse the decree,” they said.
Pheu Thai Party leader Cholnan Srikaew said on Sunday that opposition parties have agreed to vote against the decree.
If a majority of MPs vote in support of the delayed enforcement, the opposition will petition the Constitutional Court to rule on the matter, he said.