The draft prevention and suppression of torture and enforced disappearance Act B.E. … : Case study on criminal liability structure of the crime of involuntary

Abstract

Involuntary disappearance is a severe violation of human rights according to the International Convention for the Protection of All Persons from Enforced Disappearance 2006. The essence of this Convention is to urge its member countries to define enforced disappearance as a crime. Thailand has not yet become a party to the said Convention, only the signing happened. As for the signing, Thailand is obliged not to do anything that affects the core purposes of such Convention. Thailand has currently been pushing forward the draft Prevention and Suppression of Torture and Enforced Disappearance Act B.E. … in order to criminalize enforced disappearance. In doing so, it is needed to be discreet and clear that the Convention’s principles will not be affected. Also, the interpretation of criminal law is strictly literal, a person will be convicted and subjected to criminal penalties only when his action was considered in accordance with the criminal liability elements. Therefore, to define any act as a crime, the law must be clearly written and inclusive in terms of actors; acts as well as objects of action. The consideration of justification and excuse is also included. This article aims to give readers an understanding of involuntary disappearance as a criminal offense by explaining the criminal liability structure in terms of liability elements; acts without justification and acts without excuse.