1st International Conference on Government and Politics

March 20, 2015, Rangsit University, Thailand

Factors which Contributed to the Reduction of Torture

in the Thai Criminal Justice System 1983-2007
Richard F. Lancaster*

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
*

Graduate School of Peace and Diplomacy, Siam University; Email: r.f.lancaster88@gmail.com

1st International Conference on Government and Politics

March 20, 2015, Rangsit University, Thailand
a criminal justice system, many of these methods involve intensive reforms of police procedure, monitoring
and investigation methods, which require high levels of state investment in the criminal justice system, or
suggests a zero tolerance policy on the prosecution of officials who have been accused of torture, which could
be considered overly idealistic in criminal justice systems with high levels of corruption. Whilst these existing
theoretical models may be somewhat out of reach of developing nations, the existing research does raise the
question of how can theory pertaining to the reduction of torture be viewed through the needs and abilities of
the developing world. This research hypothesises that: Certain sub-factors within social, economic, political
and legal development will be of great significance in the natural reduction of torture in a criminal justice
system.
This research will consider the case of the Kingdom of Thailand. Many sources have discussed that
the use of torture and cruel, inhuman and degrading treatment has been steadily reducing within the Thai
criminal justice system since the 1970s (U.S. Department of State, 1989). This research will cover the
timescale of 1983-2007, falling between the end of long term military rule in Thailand and the Thai
government ratifying the Convention against Torture. The kingdom of Thailand is a useful case to research for
many reasons, including its current attempts to create legislation which will make torture a criminal offence.
Torture comes in many forms. For the purpose of this research the term torture will be defined as in
Article 1 of the CAT (UN General Assembly, 1984). The CAT defines torture through intent rather than specific
actions and confines this definition to torture committed by, or at the request of state officials. The question
of this research extends only to the criminal justice system, therefore, for this research will only consider
torture committed by police officers and correctional officers within the penal system.
A key limitation of this study is the sensitive nature of its topic. Torture is a highly sensitive issue and
with its criminal implications and power over public opinion with regards to political regimes, discussion and
information regarding practices of torture in Thailand will not be as available as would be liked, this lack of
availability will be increased due to heavy censorship of the media and internet within Thailand.

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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Wu and Vander Beken (2010) discuss that traditional Asian cultures place a priority on collective
good, which can be at odds which can conflict with protection of human rights.
Lianos (2013) suggests that in certain circumstances public opinion may sway politicians to
diminish personal rights.
Wu and Vander Beken (2010) state that certain socio-economic groups, particularly poor, transient
urban workers and migrant workers are at increased risk of torture.
Barrett & Rudgard (2014) discuss that when regional police departments are better funded they will
be more capable of implementing reforms and increasing staff numbers which will help to prevent torture.
Miller (2011) states that with economic growth comes a philosophy of post-materialism and greater
social focus on human rights. Miller (2011) continues by discussing that higher levels of economic
globalisation lead to a greater respect for international human rights norms due to greater interdependence of
governments.
Becker (2010) states that hierarchical governments have a greater capacity for internal scrutiny and
accountability.
Wu and Vander Beken (2010) suggest that if police institutions are not independent of government
they can be subject to pressures to reduce crime rates and solve crimes which can increase the possibility of
torture. They continue by discussing that a greater focus on physical evidence methods of investigation can
reduce the need for a confession and thus reduce the possibility of torture.
Miller (2011) states that democracy is a key factor in reducing torture as it makes governments
publically accountable, however, Fein (1995) suggested that there are often greater levels of personal rights
violations in transitional democracies than in authoritarian states.
Rafiqul and Solaiman (2003) state that constitutions are the means by which a state insures the
rights of its citizens and that once the state has made these declarations the state can be held accountable
for infringements of these rights.
Mayerfeld (2007) discussed that Reservations, Understandings and Declarations, tools used by
governments to limit the extent to which they must abide by international treaties and conventions, are highly
detrimental to the protection of human rights.
Rafiqul and Solaiman (2003) state that governmental transparency is of great importance in allowing
public scrutiny.
Schabas (2007) discusses that there are numerous benefits of diplomatic relationships with other
nations such as support and collaborative programs to combat torture and reform criminal justice systems.
Costanzo and Gerrity (2009) state that when governments are caught violating human rights they
may use techniques such as demonising victims to prevent criticism and maintain public support.
Becker (2010) discusses the importance of selecting judges who are above corruption and have no
connection with the case so as to prevent bias.
Mujuzi (2013) states that it is of great importance to ensure that no evidence obtained as a result
of torture may be allowed in court, to the extent that the burden of proof is on the state to prove that torture
was not performed.

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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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Thailands GDP quadrupled between 1980 and 1997 before suffering a severe recession in the late 1990s
and early 2000s and returning to slightly above pre-recession levels in 2007. This economic development
reflects development in a range of fields, as shown through the strong correlation between GPD and the
Human Development Index (HDI) and can be seen as contributing to the reduction of torture through
increased state budgets to improve police resources and other public services discussed in this research.
Migrant workers around the world are particularly vulnerable to exploitation due to their fragile social
status, with many cases in Thailand linked to human trafficking of, mostly Myanmar, migrants. The total
numbers of migrant workers in Thailand has been rising steadily for several decades, from 700,000 in 1995
to 1,773,349 in 2005 (Pholphirul & Rukumnuyakit, n.d.). These migrant workers do not receive the same
entitlement to minimum wage as Thai workers and often are poorly educated. This combined with a lack of
social security make migrant workers vulnerable to many forms of abuse, including torture.
The development of a post-materialist culture in modern Thailand is apparent. Whilst much research
discusses strong materialist values in modern Thai society, this is not related to concrete needs such as food
and shelter, but rather status symbols such as designer clothing and luxury goods. However it can be seen
that modern Thai society places a high importance on abstract needs such as freedom, equality and human
dignity, this is evident through the high level of political activism in Thailand throughout the 21st century, with
several extended mass rallies focused on poor government responses to social issues or allegations of
corruption.
Pathmanand (2001), discussed the recent history of economic globalisation and its effects on Thai
society in detail. It was found that in the early to mid-1990s economic liberation allowed high levels of
foreign investment and loss of economic sovereignty to the International Monetary Fund (IMF) before the
impacts of the Asian financial crisis in 1997-98. It was also discussed that this global integration brought
with it stronger principles of human rights and greater demand for democracy.
We can see from this governmental structure in executive, legislative and judicial arms there is a
highly evolved hierarchical structure in which bodies and individuals oversee the actions of one another to
provide the checks and balances necessary for reducing torture. Also with the hierarchical structure of the
courts, accusations of torture can be followed through the appeals court and Supreme Court independent of
those involved with the original trials and if necessary encountering reputable judges who have sufficient
career development and power to not only be sufficiently ethically guided, but also distanced from corruption
to seek justice if lesser courts have failed. Indeed the Supreme Court scheduled to hear an appeal on the
Takbai inquest.
The police in Thailand are not politically independent. Since 1998 they have been under the direct
control of the Prime Minister, and previously under the control of the Ministry of the Interior. There have been
many allegations of the Thai police force acting as political enforcers, with the Prime Minister having the
power to choose a police general and Justice and Interior ministers sitting on the Board of the Royal Thai
Police and the eagerness to meet politically motivated quotas, notably in Thaksins drug war in which an
estimated 2,275 civilians were killed. Dabhoiwala (n.d.) suggested that these deaths were largely due to the
high quotas implemented on police. There is no external monitoring of police activities. This allows police to
act as they wish and allows corruption to influence internal investigations.

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Winijkulchai and McQuay (2013) note that the use of forensic science by the Thai Royal Police has been
constrained by a lack of qualified professionals and a lack of resources due to low police budgets. There are
also problems with contradictions and gaps in the legal and regulatory regime governing the application of
forensic science and the limited communication and coordination among forensic specialists.
It is widely acknowledged that low level corruption is rife within the Thai Royal Police force. This
shows a failure on the part of the Thai government to implement policy which effectively curbs corruption and
criminal misconduct within the Thai Royal Police force.
The history of Thai democracy is spotted with coup dtats, military rule, unelected civilian rulers,
protests and allegations of corruption. The prevalence of coup dtats in Thai history is of particular
importance as these re-start attempts at democracy, essentially perpetuating the transition into democracy.
There have been 21 attempted or successful coups since 1900.
Many INGOs work observing, researching and assisting with operations to promote respect for human
rights within Thailand, including, Amnesty International, Human Rights Watch and the Asia Foundation.
Alongside these organisations there are independent government agencies such as the National AntiCorruption Commission and the Ombudsmen which have powers to investigate and press charges for
corruption and the Human Rights Commission of Thailand which oversees and reports on human rights
violations in Thailand and the regional ASEAN Intergovernmental Commission on Human Rights. All of these
independent, non-governmental or regional organisations working in tandem provides adequate separation of
powers to create the foundation for improving human rights in Thailand.
Section 32 of the 2007 constitution of Thailand (Constitution Drafting Commission, 2007) states
that A person shall enjoy the right and liberty in his or her life and person. A torture, brutal act, or
punishment by a cruel or inhumane means shall not be permitted. Section 257 of the 2007 constitution of
Thailand lays out the powers and duties of the National Human Rights Commission (Constitution Drafting
Commission, 2007), including to examine and report human rights abuses or actions which break
international treaties, propose solutions to appropriate bodies when these abuses occur and refer to the
National Assembly if action is not taken, to refer cases to the Constitutional Court when necessary or file
lawsuits to the Court of Justice on behalf of individuals.
Thailand has used RUDs to limit its commitment to some treaties, including the International
Covenant for Civil and Political Rights and the CAT, including exemption from article 30 which allows states to
submit to arbitration in an international disagreement of the interpretation or application of the convention.
The Official Information Act of 1997 ("Official Information", 1997) gives public access to almost all
government data, and if access is refused by the state, the case can be appealed to the Official Information
Commission (OIC). Whilst this Act has been popular with the Thai public there have been problems with
implementation, largely surrounding a lack of understanding on the part of both the public and state officials
as to the procedures for requesting or publishing information respectively.
Repeated coups and periods of military rule have also bought criticism from western nations,
including the suspension of a US funded military training program pending a return to civilian rule in the most
recent 2014 coup dtat. This prevents a consistent building of diplomatic relations with other nations.
Another side of diplomatic relations and human rights is Thaksin Shinawatra and successive military regimes
support of the Junta in Myanmar despite a widely criticised human rights record. Whilst ASEAN has a human

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rights declaration it has been criticised as it is not legally binding and is unenforceable due to a lack of a
regional court to try cases.
Whilst Thaksins drug war mainly resulted in a high death toll as with the Takbai incident, the
extended military action in the southern provinces routinely uses torture which must be justified to the public
and the international community. In all of these cases officials including the Prime Minister attempted to
demonise their opponents. Referring to the drug dealers being killed in the drug war Prime Minister Thaksin
said [Murder] is not an unusual fate for wicked people (Dabhoiwala, n.d.).
Farrell (2007) discusses the views of the Thai judiciary regarding allegations of torture. Suggesting
that judges are legally protected from criticism and that an ends justify the means approach allows torture to
go on unopposed, particularly in high profile cases. Warsta (2004) discusses corruption in Thailand and
states that whilst judges are generally considered honest, 30% of defendants are asked for bribes, this
shows a clear pervasiveness of corruption and bias within the Thai judiciary, who also discusses that these
bribes are often taken through an intermediary rather than by the judge themselves, this utilises a loophole in
current legislation preventing prosecution.
Evidence, including a confession, can be dismissed from court if it was obtained in a way which is
thought to have violated the defendants rights under the constitution (including torture). Section 57 of the
CPC states that an individual may only be arrested, detained or imprisoned when a warrant is produced.
Section 78 provides strict guidelines for arrest without a warrant, which can only be practiced in 4 clearly
defined situations. The CPC also provides adequate guidelines for access to and provision of legal counsel.
Other important points of the CPC and other legislation relevant to torture within the criminal justice system
have been discussed at other points within this research.
Section 35 of the 2007 Constitution of Thailand (Constitution Drafting Commission, 2007) is concerned
with the protection of privacy, extends this constitutional protection against the circulation of information which
violates or affects a persons family rights, dignity, reputation or the right of privacy. This constitutional
protection has been used to prosecute victims of torture for their accusations of officials.

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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safety, security and liberty of all Thai citizens. This research may be used to inform the discussion of domestic
policy and of the pending legislation to criminalise torture in Thailand.

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