Executive Decree on torture and enforced disappearance faces challenge in parliament

Chuan Leekpai

The executive committee of the opposition Move Forward Party has decided to vote against an Executive Decree which delays the enforcement of some provisions of the Act for the Prevention and Suppression of Enforced Disappearance, due to be debated in the House on Tuesday.

The party’s Secretary-General, Chaithawat Tulathong, said today (Monday) that the committee also disagrees with the idea that the House should ask the Constitutional Court to rule on the constitutionality of the Executive Decree, issued by the government to delay the enforcement of Articles 22-25 of the Act until October 1st.

The government has claimed that officials are not yet ready to enforce the law and that equipment, such as cameras and recorders, will have to be installed to prevent abuses during arrest and interrogation.

Chaithawat said that the government’s excuse for delaying enforcement is unacceptable, because the police and security officials were given four months to make preparations after the passage of the Act by parliament.

The delay to the enforcement of the Act, by either the Executive Decree or consideration by the Constitutional Court, will not benefit the people, but will benefit Prime Minister Prayut Chan-o-cha, claimed the Move Forward secretary-general.

House Speaker Chuan Leekpai said today that there are divided opinions among government and opposition parties about whether the Executive Decree falls foul of Section 172 of the Constitution.

He said that, since the issue about the Executive Decree is already included on tomorrow’s meeting agenda, the meeting will proceed unless there is a lack of s quorum.

If the meeting proceeds and the House votes against the decree, the decree will be dropped, said Chuan.

He maintains that House deliberation of the decree cannot be delayed or postponed, but one fifth of the MPs can submit a motion to the Constitutional Court to rule on its constitutionality.

 

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