Court strikes down delays to enforced disappearance act; now what?

[webfact]

 

On May 18, Thailand’s Constitutional Court voted 8 to 1 to strike down the an executive degree that delayed the enforcement of key provisions of the Prevention and Suppression of Torture and Enforced Disappearances Act. 

 

It held that the decree was unconstitutional, as it is incompatible with Section 172, paragraph one of the constitution. Therefore, the decree was  unenforceable since February 22, when the Act came into force. 

 

This decision comes at a time of political consciousness about this issue: the passage of this law was a rare case of political unity, and the coming into force of this law was considered a milestone for human rights in Thailand.

In particular, state-enforced disappearances became an extremely sensitive issue after anti-government activists disappeared under mysterious circumstances: from ethnic human rights activists to lawyers in the deep south, the Thai state has a long and complicated history that still leaves its people without answers. Most recently, Thai pro-democracy Wanchalearm Satsaksit’s  abduction in Cambodia in 2020 sparked massive protests against the government. 

 

by Lynn Sasinpong

 

Full story: https://www.thaienquirer.com/49789/court-strikes-down-delays-to-enforced-disappearance-act-now-what/

 

-- © Copyright Thai Enquirer 2023-05-29

 

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[hotchilli]

3 hours ago, webfact said:

On May 18, Thailand’s Constitutional Court voted 8 to 1 to strike down the an executive degree that delayed the enforcement of key provisions of the Prevention and Suppression of Torture and Enforced Disappearances Act. 

Pass the law and be done with it.

 

[Scott Tracy]

My understanding is that the law is in force. The decree was to delay enforcement. The decree is struck down as unconstitutional. Therefore, the law is enforceable from the moment it came into force.

[Purdey]

Next, find the bodies. 

[herfiehandbag]

15 hours ago, Scott Tracy said:

My understanding is that the law is in force. The decree was to delay enforcement. The decree is struck down as unconstitutional. Therefore, the law is enforceable from the moment it came into force.

The state is responsible for enforcing it.

The present incumbents (still in place, bizarrely, for another 6 weeks, despite emphatically losing an election) will not enforce it.