The death of a suspect in custody led to a 2023 court order mandating measures to deter torture.
2025.03.14
Bangkok
EXPLAINED: 2 years on, has Thailand’s anti-torture law reduced abuse?
A Royal Thai police officer, wearing a body camera on his vest, holds the arm of a suspect in the assassination of a former politician with the now-dissolved Cambodia National Rescue Party after he was turned over by Cambodian authorities in Bangkok, Jan. 11, 2025.
Chalinee Thirasupa/Reuters
After an infamous case where police were filmed torturing a drug suspect who died, a Thai court in 2023 ordered police to implement measures under an anti-torture law, including videotaping interrogations and wearing body cameras during arrests.
The police officers entangled in the 2021 case thought they had erased footage from a CCTV camera of their interrogation of suspect Jirapong Tanapat. But an officer leaked it to a lawyers’ group, which circulated it on social media.
Former Police Col. Thitisan Utthanaphon – nicknamed “Jo Ferrari” because he had a personal fleet of fast cars – was the policeman who led the interrogation where officers handcuffed and put plastic bags over Jirapong’s head.
13-TH-cameras-interrogation2.JPG
Mourners attend the funeral of Thitisan Utthanaphon, the former police officer who apparently hanged himself in prison, at the Wat Phra Si Mahathat Woramahawihan in Bangkok, March 10, 2025. (Tananchai Keawsowattana-Thai News Pix/BenarNews)
On March 7, Thitisan was found dead in his Bangkok prison cell, where he was serving a life sentence over the case. Authorities this week ruled his death a suicide by hanging.
But whatever happened with the anti-torture measures that were mandated under the law?
Have the measures made a difference?
The law has led to the purchase of nearly 50,000 body cameras for law enforcers, authorities said.
Since the Prevention and Suppression of Torture and Enforced Disappearance Act was passed in February 2023, the Justice Ministry reports 141 complaints have been filed.
That’s a significant reduction.
Statistics from the National Human Rights Commission showed that at least 150 cases were reported annually in the years 2017 through 2022.
RELATED STORIES
Thai cabinet delays law requiring police to videotape suspects’ interrogations
Ex-Thai cop ‘Jo Ferrari,’ 5 others sentenced to life for fatal interrogation
Thai police to enforce court ruling to immediately implement anti-torture law
Breaking down the 141 complaints from the past two years, 58 involve torture, 45 involve cruel and inhumane treatment, 17 involve enforced disappearances and 21 involve multiple offenses. Officials said no officers have been prosecuted but several cases are under investigation.
“This law is a crucial tool that will ensure state officials carry out their duties more cautiously, and as we’ve seen, complaints have indeed decreased,” Justice Minister Tawee Sodsong said late last month.
During the same month as the law took effect in February 2023, the cabinet approved spending 445 million baht ($13.2 million) to acquire 48,568 body cameras for police officers. These cameras were allocated to crime prevention, patrol and traffic officers along with investigators.
Somchai Homlaor, a member of the Committee on Prevention and Suppression of Torture and Enforced Disappearances, noted significant improvements.
“In these two years since implementation, effective measures include body cameras and arrest-report documentation,” he told BenarNews. “We must acknowledge that complaints about torture and enforced disappearances have significantly decreased. Officials are considerably more cautious.”
Despite the apparent success of the cameras, some issues remain.
“The sheer volume of data is enormous and it must be retained until each case is closed, presenting considerable challenges during implementation,” Thanaseth said.
How did this happen?
The path to enactment of the anti-torture law took over a decade despite attempts by advocates to get it on the books.
Thailand ratified the U.N. Convention Against Torture in 2007 and signed the Convention Against Enforced Disappearances in 2012. Yet, efforts to pass the domestic law stalled for years.
In 2016, Thailand’s junta-led National Legislative Assembly, whose members were mostly police and military officers, rejected proposed legislation. Following the 2019 election of a new, democratic legislature, PMs eventually passed the bill in 2022, leading to its implementation in early 2023.
“This law primarily addresses state officials’ actions. It directly affects law enforcement officers and their handling of suspects, ensuring accountability for any torture or cruel treatment inflicted physically or mentally,” police Col. Thanaseth Pirom-iam, deputy commander of the Royal Thai Police Education and Quality Assurance Division, told BenarNews.
Pornpen Khongkachonkiet, director of the Cross Cultural Foundation, emphasized the significance of the law, which was created with public participation and closely aligns with international standards.
“It can genuinely protect victims, provide remedies and hold state officials accountable for acts of torture,” she told BenarNews.
Key provisions prohibit detention in secret or undisclosed locations and unequivocally forbid enforced disappearances under any circumstances, including war, internal security threats or public emergencies.
The law covering police, military, immigration and forestry officers mandates comprehensive audiovisual recording from the moment of arrest through interrogation and release. Offenders face severe penalties, including prison terms ranging from 15 years to life and fines between 300,000 and 1 million baht (U.S. $8,875 and $29,600).
13-TH-cameras-interrogation3.jpg
Former police officer Thitisan Utthanaphon, known as Jo Ferrari for his collection of fast cars, is escorted by police through a throng of journalists after surrendering on charges linked to the fatal suffocation of a drug suspect, Aug. 26, 2021. (Krit Phromsakla Na Sakolnakorn-Thai News Pix/BenarNews)
Still, deaths in custody remain high, although the Justice Ministry attributes most of them to natural causes including illnesses. The ministry statistics show 627 deaths involving prisoners and 52 while in police custody were recorded over the past two years.
Are officials finding ways around the law?
Even as reports of torture appear to show a decrease, human rights advocates question whether law enforcement tactics may be changing.
The Cross Cultural Foundation documented 24 complaints under the anti-torture law, but only one case reached court and 17 remain under investigation.
Foundation lawyer Pornpimol Mukkuntod said methods of mistreatment had become more subtle to evade legal detection.
“The law is indeed enforceable, but is every article effectively implemented? Do all officials follow the rules strictly? That’s another matter,” Pornpimol said.
“Torture has significantly reduced, but we’ve received reports of soldiers forcing detainees to strip and stand in the rain, a more subtle form of abuse designed to circumvent the law.”
Ruj Chuenban in Bangkok contributed to this report.