CONCLUSIONS AND RECOMMENDATIONS

Amnesty International remains concerned by the long term problems of Torture and Ill-treatment, and by prison conditions amounting to cruel, inhuman or degrading treatment in Thailand. In this regard, the Royal Thai Government does not comply with International Human Rights Standards, particularly Article 7 and 10 of the International Covenant on Civil and Political Rights (ICCPR), which Thailand ratified in 1997.

Article 7 states: “No one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment”

Article 10 states: “All persons deprived of their Liberty shall be treated with humanity and with respect for the inherent dignity of the human person”.

Article 31 of the 1997 Thai constitution also outlaws the practice torture or any kind of cruel or inhuman punishment is prohibited.

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                              TORTURE              

Widespread abuses in the administration of justice.

The practice of torture and the existence of conditions amounting to cruel, inhuman or degrading treatment have persisted in Thailand detention centers and prisons for many years Torture has been used by the police as a means to extract confessions from criminal suspects during pre-trial detention in both police stations and in other places after arrest.

Torture of convicted criminals and persons in remand prisons waiting trial by prison guards and “Trusties” occurs all too commonly. In addition continuous shackling in heavy leg irons, particularly in Bombat Narcotics Remand Prison and Bangkwang Prison, where death row prisoners are indefinitely held in shackles 10 years and more in some cases, and its routine for all prisoners in both prisons to be shackled for some length of time. Although it is not permitted under Thailand’s Law.

Other problems relating to conditions of imprisonment include extreme overcrowding and lack of adequate food, sanitation and medical care.

The Royal Thai Government does not provide sufficient funding to the prison system, which contributes to poor conditions.

Torture and ill treatment during and after arrest are going concerns to Amnesty International.

The police, prison guards and the army all appear to enjoy a degree of impunity in regard to their treatment of people in custody.

Treatment in police lockups and prisons is largely unmonitored and unreported.

Nevertheless Amnesty International has collected recent and consistent information about torture and poor prison conditions. Prison officials are paid very low salaries, which discourages people from taking jobs in the prison system, causing prisons to be chronically understaffed.

Low salaries also contribute to bribery of prison guards by prisoners and the abuse of power by demotivated staff. The use of “Trusties”, which contravenes international human rights standards, also permits abuses of prisoners to occur.

Trusties are allowed, even sometimes encouraged, to beat prisoners on the guard’s behalf. Finally, there appears to be a weak chain of command in the prison system, so that the chief of a prison block or building is not in practice accountable to the prison governor.

 

Amnesty International has raised these issues on several occasions with the Royal Thai Government.

During visits to the country, Amnesty International delegates have discussed problems of torture, overcrowding and shackling with the Corrections Department, who have stated that budgetary problems are a contributing factor, while reiterating that shackling is against Thai Law. Nevertheless continuous shackling of prisoners still occurs, in spite of prohibitions in international human rights standards.

 

TORTURE AND ILL-TREATMENT OF CONVICTED PRISONERS

“Trusties”, who are selected by prison officials (guards) for special privileges, are often the agents of such practices. Reports of “Trusties” (also known as Blue Shirts) beating prisoners with impunity are common. The chief of a prison block or building have almost complete power and in practice are not held accountable to the prison governor. Some of them are reported to be conscientious, but others permit torture and ill-treatment of inmates by prison guards and “Trusties”. The following are just a few examples:

 

• On 12^th  November 2001 “Trusties” in building 2, Lard Yao prison were patrolling the building and apprehended an African inmate, whom they accused of possessing drugs. They began to beat him with wooden baton, and when another inmate attempted to help the prisoner, he was kicked and beaten severely with batons all over his body by the Thai “Trusties” (Blue Shirts). Both of the inmates were given medical attention for their injuries, but the “Trusties” remained in their position, and no investigation was known to have been carried out.
• On 4^th August 2001 10 “Trusties” in building 4 Lard Yao Prison.Mr. Barnabas Danguan again an African inmate was severely beaten with wooden batons and kicked by 10 Thai “Trusties” after prison guards claimed to have found him in possession of drugs. After his beating he was bleeding profusely and could not walk without assistance. He was sent to the prison hospital but turned away because there was no doctor on duty, and was then sent to building 5 and placed in solitary confinement. The beating occurred on the weekend when the building chief was not on duty and there was a shortage of guards. Weekends are said to be a dangerous period in Thai prisons. On 5^th August Barnabas Danguan was admitted to the hospital and died on 7^th August. He reportedly died of an overdose after swallowing heroin out of fear of further punishment. At the time of writing, no investigation is known to have taken place and the same guards and £trusties” involved in the incident remain at building 4.
• Sinachai Saslee, a Thai prisoner in his mid 30’s was beaten to death on the 17^th of May 2001, apparently for attempting to nail a water bottle to his cell wall in building 2, Lard Yao Prison. He and a guard began arguing about this infraction and then three or four guards began beating him with batons, and kicking and punching him. Eventually he lost consciousness at which point guards attempted to revive him, without success.
• On 27^th September 2000 in building 2, Lard Yao Prison, another African prisoner was tortured. He had complained about his mail being interfered with by another prisoner to one of the officials. He was then beaten severely by three guards, in the groin where he had been suffering from a painful hernia. He was punched and kicked continuously after he had fallen to the floor. Although he did receive medical treatment, in October he was placed under solitary confinement in building 5.
• Amnesty International received a detailed report about torture in the same prison a moth earlier. On 21^st August 2000 three African prisoners, one Australian, and one Thai prisoner were beaten severely in building 2 Lard Yao Prison Bangkok. One of the Africans was handcuffed kicked in the head and groin and beaten in the kidneys for several hours. The Thai prisoner allegedly suffered severe mental trauma after the beatings.
• Attempts by prisoners to escape from prison are not uncommon, often resulting in deaths of prisoners. On April the 13^th 2001 five prison inmates were killed when they attempted to break out of Bombat Narcotics Remand Prison. According to reports, the five were beaten to death with clubs by “Trusties”. The guards later shot the dead bodies claiming the prisoners were shot trying to escape. Amnesty International is concerned that prison officials used excessive force in subduing the prisoners, and calls on the Ministry of the Interior to launch a prompt, effective, impartial and independent inquiry into the incident.

 

In order to eliminate such abusive practices, the corrections department must give clear instructions to all prison staff that beatings and other forms of cruel, inhuman or degrading treatment are not acceptable.

They should eliminate the use of “Trusties” in prison. Article 28 of the UN Standard Minimum Rules in the treatment of prisoner’s states: “No prisoner shall be employed, in the service of the institution in any disciplinary activity”!!!

The Corrections Department should also initiate impartial and immediate investigations into any allegations of such treatment. Furthermore, they should establish a prison visiting system, where by officially- designated bodies, including nongovernmental organizations and other members of Thai civil society, regarding visit prisons are given complete access to all facilities and private interviews with prisoners.