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Court rules police must enforce Act

The Constitutional Court yesterday ruled by a majority that an executive decree postponing the enforcement of key provisions of the law against torture and enforced disappearance was unconstitutional.

In its 8:1 ruling, the court said the decree, which sought to postpone the enforcement of Sections 22–25 of the Prevention and Suppression of Torture and Enforced Disappearance Act until Oct 1 this year, violated Section 172 of the constitution.

The ruling was sought by a group of 100 former MPs in late February via the House speaker following concerns that the decree postponing the four sections could fall foul of the charter.

The Act was published in the Royal Gazette on Oct 25 last year and was set to take effect on Feb 22 — after more than 14 years of campaigning. It was hailed as a milestone in combating torture, ill-treatment and enforced disappearances in the country.

However, the Royal Thai Police (RTP) submitted a petition to the Ministry of Justice urging it to defer enforcing the law so as to allow police and related state agencies more time to prepare for its enforcement.

The RTP cited a lack of equipment, skills and standard guidelines as the reason for their petition while further claiming that enforcement of the law under current circumstances would cause more harm.

The cabinet issued the executive decree on Feb 19 this year to delay enforcement of the four provisions, sparking an outcry from human rights groups.

When a special House meeting was held to deliberate the decree, the session was cut short as government MPs decided to ask the Constitutional Court to rule on its validity.

Opposition MPs who vowed to vote against the decree slammed coalition MPs for the move, saying it was a tactic to avoid the bill being voted down.

During the debate, several government and opposition MPs voiced their disagreement with the delayed enforcement because the authorities concerned had been given four months to prepare after the law was passed by the House.

4 Russians and 2 Thais being treated for injuries sustained when speedboat struck channel marker

Six people — four Russians and two Thais — remain in critical but stable condition after a boat carrying 37 people hit a channel marker in Chalong Bay in Phuket on Wednesday evening.

The accident occurred when the Thanathip Marine 555 was bringing foreign tourists — 21 Russians, nine Kazakhs and one each from Hong Kong, China and Ukraine — back from the Phi Phi Islands to Chalong Bay at about 5.30pm. The Thais onboard were the driver, two assistants and a tour guide.

The boat smashed into the channel marker about 700 metres from the Chalong pier and sustained heavy damage. About 10 people, including the boat driver, suffered broken limbs. The injured were taken to seven different hospitals on the island.

Dr Weerasak Lorthongkam, director of Vachira Phuket Hospital, said on Thursday that the four Russians and two Thais were in critical but stable condition.

Of the four, two had been transferred from Chalong Hospital for treatment at Vachira Phuket Hospital, while the other two were being treated in Bangkok Hospital Phuket, he said.

In response to the accident, authorities are considering tighter screening protocols for drivers, including for illicit substances, to prevent such incidents from occurring again, he said.

Strict rules will also be put in place to require lists of passengers and crewmen, said Dr Weerasak, adding that every boat must insure its passengers.

“Luckily, no one drowned or fell off the boat,” he said, noting that the craft was insured. “Life jackets are necessary to prevent loss of life.”

Nachapong Pranit, chief of the provincial marine department, said the boat was taken after the incident to the Koktanod area in tambon Chalong for a closer inspection by Chalong police and related agencies.

He said the office would question the boat’s mechanic and other individuals involved.

The captain will also be summoned for questioning as soon as his condition improves, he added.

Earlier on Wednesday, Mr Nachapong instructed officials to assess the damage to the channel marker.

Due to the incident, the provincial marine office invoked Section 170 of Navigation in Thai Waters Act 1913 to suspend the operation of the boat, he said, adding that it must undergo a complete safety check before it can resume operating again.

Little evidence of severe illness but start of new school term calls for vigilance, say doctors

A new strain of Covid-19 has not proved to be severe, but it could still spread among children as the school term resumes, according to health authorities.

Experts worldwide are monitoring the situation relating to the emerging XBB.1.16.1.1 or FU.1 strain, said Dr Supakit Sirilak, director-general of the Department of Medical Sciences.

The strain is spreading 50% faster than XBB.1.16 and one case of the emerging strain has been confirmed in the country, he said on Thursday.

“Although it is spreading fast, there has not been evidence that it could cause severe illnesses and considerable fatalities,” Dr Supakit said.

Outbreaks might also result from other factors including more gatherings of crowds and reduced use of face masks, he said.

Dr Chakkarat Pitayawong-anont, epidemiology director at the Department of Disease Control, said new Covid cases were rising because disease control measures had been relaxed, fewer people are wearing face masks, there are many crowded activities and people are losing Covid-19 antibodies as their last vaccinations took place long ago.

Lack of antibodies might cause severe symptoms in infected people, especially vulnerable ones who should thus receive booster shots or long-acting antibodies, he said.

Dr Chakkarat warned that Covid cases could rise among children as their new school term has started.

The Department of Disease Control has been receiving reports on Covid-19 clusters at primary schools in Bangkok and other provinces, he said.

Infected children would not develop serious symptoms and could recover. However, they could transmit the disease to their grandparents, Dr Chakkarat said.

Court orders release of 15-year-old girl from juvenile detention centre

A 15-year-old girl who had spent 50 days in detention on a charge of royal defamation walked free on Thursday afternoon after a court ordered her release, Thai Lawyers for Human Rights said.

Police from the Samran Rat station had gone to the the Central Juvenile and Family Court on Thursday morning to seek the further detention of Thanalop “Yok” Phalanchai but the court rejected the request.

She was released shortly after 4pm from the Ban Pranee Juvenile Vocational Training Center for Girls in Nakhon Pathom, where she had been held since March 29. She was greeted on the grounds by a small crowd of cheering supporters.

The case of Yok has been the most high-profile one among the 19 that involve suspects under age 18 charged with lese-majeste under Section 112 of the Criminal Code. She is the only one to have been detained for such a long period, though she is not the youngest.

A teenage girl from Phitsanulok, who was released on bail following a court appearance this week, was 14 years and one month old when the offence with which she is charged was committed, TLHR said.

Yok was arrested on March 28, the same day that a 24-year-old man was caught spray-painting a “No 112” message on the wall of the Temple of the Emerald Buddha in Bangkok.

Police said at the time that they had a warrant to arrest the girl, who was accused of insulting the monarchy during a rally in October 2022 in front of Bangkok City Hall. She was 14 at the time.

The Central Juvenile and Family Court issued a statement last week in response to criticism of her detention. It said that the girl’s mother had failed to appear for her bail, which led to her extended stay in the juvenile home.

TLHR also took issue with the court’s contention that the accused had “rejected justice” when she refused to take part in court proceedings, turning her back on the judge.

“Because Yok rejected only the justice system, she did not reject justice,” it said.

According to data from TLHR to April 30 this year, 1,902 people have been prosecuted for political participation and expression since the beginning of the Free Youth pro-democracy protests in July 2020. At least 242 are facing lese-majeste charges and 130 have been charged with sedition.