In this submission, Justice for Peace and Development Network (JASAD), Human Rights Organization Network – Patani  (HAP), Manushya Foundation and the Thai CSOs Coalition for the UPR, examine the compliance of the Thai Government with the recommendations received during the 3rd UPR cycle of Thailand, particularly in relation to the prohibition of torture, protection from arbitrary detention, and accountability for human rights violations in the southern border provinces of Thailand. The submission highlights ongoing challenges related to the continued enforcement of special security laws, allegations of torture and ill-treatment during detention, extrajudicial killings during security operations, enforced disappearances, and the persistent lack of effective investigation and accountability mechanisms. Particular attention is given to the situation of individuals detained under special laws and the broader impact of these practices on the rights and security of affected communities in Pattani, Yala, Narathiwat, and four districts of Songkhla.

 

During the 3rd UPR cycle, Thailand received twenty-one recommendations related to torture, arbitrary detention, enforced disappearances, detention conditions, and the prevention of ill-treatment, issues that are particularly relevant in the context of Thailand’s southern border provinces. These recommendations were made by a range of States, including Bahrain, Morocco, Costa Rica, Denmark, France, Germany, Norway, Portugal, Switzerland, Canada, Australia, Finland, Italy, Ukraine, and the Republic of Korea. Many of the recommendations called on Thailand to ratify the Optional Protocol to the Convention against Torture (OPCAT), criminalize torture and enforced disappearance in domestic law, establish an independent national preventive mechanism, and ensure prompt investigation and prosecution of alleged abuses by law enforcement officials. All of these recommendations were supported by Thailand except a recommendation made by Austria to “guarantee the rights to freedom of expression and assembly and stop targeting civilians engaging in peaceful protests under criminal charges entailing punishment with exorbitant prison terms” and from the United States to ”conduct prompt, transparent and impartial investigations into reports of enforced disappearances, including in the case of Wanchalearm Satsaksit and seven other Thai political activists missing since 2014”. Despite Thailand’s support for the previous recommendations, implementation remains limited, particularly regarding allegations of torture, arbitrary detention under special security laws, and the lack of accountability in the southern border provinces, where victims continue to face barriers to justice. It shall be noted that limited progress has been made since the last UPR cycle of Thailand with the enactment of the Prevention and Suppression of Torture and Enforced Disappearance Act in 2022 (which came into force in February 2023), followed by the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance in 2024. However, implementation on the ground and effective remedy for the survivors and their families remains a challenge. 

 

This submission highlights ongoing human rights concerns in Thailand’s southern border provinces related to torture, arbitrary detention, and the lack of accountability under special security laws. The prolonged enforcement of emergency and security legislation has granted broad powers to security authorities, creating conditions in which abuses such as torture and ill-treatment during detention, arbitrary detention in military facilities, extrajudicial killings, enforced disappearances, and the extensive use of security-related arrest warrants have been reported. At the same time, victims and their families face significant barriers in accessing justice and effective remedies, contributing to a continuing culture of impunity. These issues are discussed in the following sections :

• Section 2 discusses torture and ill-treatment under special security laws in Thailand’s southern border provinces.

• Section 3 examines the use of arbitrary detention under special security laws in the region.

• Section 4 presents statistics on detention in interrogation facilities in the southern border provinces.

• Section 5 analyses cases of extrajudicial killings occurring in the context of security operations.

• Section 6 outlines the broader impact of the prolonged conflict in the southern border provinces.

• Section 7 examines cases of enforced disappearances in the region.

• Section 8 discusses the extensive use of arrest warrants in security-related cases and the lack of accountability mechanisms.