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Abstract
The reduction of the use of torture in a criminal justice system must be a priority for creating justice,
with developing nations particularly struggling with the use of interrogational torture. This research addressed
what social, economic, political and legal factors have affected the reduction of torture in democratic Thailand
with a view to informing policy and legislation to maintain the standards of the United Nations Convention
Against Torture. It was found, through comparing existing literature in the field of torture to sources on modern
Thai political, legal, social and economic events and changes, that many social and economic factors have
contributed to the reduction in the prevalence of torture. However some important governmental policies and
police reforms must still be made. Further improvements at this stage are largely hindered by low financial
resources to the police and other relevant bodies and high levels of corruption within the criminal justice
system resulting in low rates of prosecution for torture. Whilst democracy has often been interrupted and
flawed, there is high social participation and there have been improvements in the human rights focus of
constitutions.
Keyword: Torture, Thai Royal Police, Police, Thailand, Criminal Justice
Introduction
Torture is widely recognised as one of the most personally and socially damaging actions of
government, in the words of Danner (2012), Torture is the ultimate destruction, by the state, of human
autonomy. Whilst international law and conventions, including the Convention against Torture and Other
Cruel, Inhuman and Degrading Treatment or Punishment (CAT) (UN General Assembly, 1984), expressly
prohibit torture, it remains a prominent technique in the Criminal Justice Systems of developing nations. It is
obvious that international law alone cannot significantly reduce the use of torture. Therefore, we must consider
what has been effective in the past, in order to design a torture-free future. This paper will consider a case
study of the Thai criminal justice system between 1983 and 2007 and discuss what social, economic,
political and legal events and changes have contributed to the reduction of the use of torture by the Royal Thai
Police force. Whilst there is much existing literature which states possible methods for reducing torture within
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Methods
The central discussion of this paper will be secondary research. A review and discussion of existing
literature and theory on the subject of torture will be analysed and compared against sources discussing
events and changes in Thai history from 1983 to 2007 to find what existing literature and theory suggests
are the most significant events and changes in the case of Thailand.
Findings
This section will outline the main theory in existing literature on torture in the four main factors as
they will be discussed: Social factors, Economic factors, Political factors and Legal factors.
Bennett et al (2006) state that to combat torture an open national debate must be created fostering
opposing points of view. Becker (2004) suggests that authoritarian governments may try to restrict or
dissuade criticism of state actions.
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Discussion
The discussion of the theory in existing literature will be followed in the same sequence of the four
main factors: Social factors, Economic factors, Political factors, Legal factors.
Thailand has a long history of media censorship, whilst both the 1997 and 2007 constitutions
protect freedom of speech and a free press (Constitution Drafting Commission, 2007), however, these
protections are conditional and the conditions have been used by successive governments to control, censor
and intimidate media organisations.
Despite this history of censorship there have been improvements in the freedom of Thai media
outfits. The periods of strict censorship, although some occurring very recently are largely associated with
individual governments, particularly military governments, for example the military regime in 2007
implemented the Computer-Related Crimes Act, strictly restricting web usage. In the last decade there has
been an increase in the prevalence of unlicensed local community radio stations (Siriyuvasak, 2002), these
stations are rarely censored and attempts to censor in the past have resulted in a public backlash and
accusations of state authoritarianism (Rojanaphruk, 2005). Article 47 of the 2007 constitution (Constitution
Drafting Commission, 2007) protects a communitys right to this independent radio broadcasting.
In communitarian societies, such as Thailand, there is a personal responsibility to confess
wrongdoings; this may undermine the right to silence in criminal proceedings by allowing interrogators to
coerce confessions if they feel suspects are withholding information (Wu & Vander Beken, 2010).
Komin (1990) discusses the relative social values in Thai culture. It was found that Thai culture
displays a variety of values pertaining to social interdependence. It was also found that Ego orientation whilst
the number one value across Thailand (reflecting non-communal values) it is much less prominent among
farmers and rural communities thus showing a development from a traditional communal society to a more
globalised individualist society, and with these communities already being at greater risk of torture this low
valuing of ego and individuality increases that risk.
Internet access and usage in Thailand has increased considerably since adoption in 1996. This can
be considered in part due to improvements in service quality and decrease in price, but it also shows a great
deal of modernisation within Thailand.
Thailand has a good example of public opinion regarding crime and draconian crime prevention in
recent history. In 2003 Thaksins Drug War resulted in the deaths of an estimated 2,275 people
(Dabhoiwala, n.d.). Drug use in Thailand, especially the use of yaabaa, is considered one of the most severe
social issues in modern times. Making attempts to combat this problem is a key part of any Thai
governments legitimacy. In 2005 a study by ABAC University found that 74% of 5,168 respondents
supported former Prime Minister Thaksin Shinawatras war on drugs ("Public Senses", 2005) despite
condemnation from the UN and many NGOs for its high death toll and authoritarian police powers. This shows
that in Thailand there may be high public support for extreme measures to combat crime. It is important to
note however, that media and official government reports stated that very few of the deaths were caused by
police directly; this may have influenced public opinion.
Gross domestic product (GDP) allows an overview of a countrys economy. We can see from
Thailands GPD over time that there has been an economic boom over the timescale of this research.
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Conclusion
It is apparent from this research that there is a high level of interdependence between the factors
and subfactors discussed with the cumulative effects of all reducing the use of torture in the Thai criminal
justice system.
It has been discussed in much existing research that there are 3 central means: Training of officers,
the allowance of visitation of places of detention and investigation and prosecution of torturers. Whilst
progress has been made in these areas, improvements can still be made, particularly in the area of ensuring
thorough and independent investigations of all allegations of torture.
This research has identified the areas in which Thailand has, either directly or indirectly, reduced the
use of torture within its criminal justice system and identified areas which still cause problems and must be
improved. The further reduction and eventual elimination of torture within the Thai criminal justice system are
of the greatest importance, to abide by international law and the CAT and to ensure the protection of the
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