PROBLEMS IN ENFORCING THE LAW UNDER THE PREVENTION AND SUPPRESSION OF TORTURE AND ENFORCED DISAPPEARANCE ACT B.E. 2022

Abstract

This research aims to study legal concepts, theories, related principles, and problems in enforcing laws regarding the Prevention and Suppression of Torture and Enforced Disappearances that occur in the current situation and to propose suggestions for revising and improving the laws or related regulations for enforcing the law effectively. This study is qualitative research by using document analysis as the main focus, which is a comparative study of international legal principles and current law enforcement from books, textbooks, journals, academic documents both domestically and internationally in order to reach conclusions and suggestions. Regarding this research, it is found that the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2022 comply with the Rule of Laws which is a fundamental principle in order to enact the laws. In addition, it appeared that there are still cause various problems and obstacles under this law enforcement, such as an unclear definition of the provision, legal issues for unclear interpretations for certain sections, practical problems, as well as the problem of determining the practical scope of this law enforcement among different offensive base, especially in section 22 and 23 under this Act, including the acknowledgement of general people. These issues become the conclusions of this research for proposing to amend certain sections under this Act to be clearer, to establish guidelines for practical processes such as in the case of recording images and video during an arrest, and to promote knowledge for the public. Therefore, these improvements shall increase the competency of law enforcement more effectively.