Thailand has criminalised torture and enforced disappearance, but victims and families still face institutions that fail to prevent violations, establish the truth and hold perpetrators accountable.

During its 3rd UPR cycle, Thailand received 21 recommendations specifically addressing torture, ill-treatment and enforced disappearance, of which it supported 20 and noted one. The noted recommendation, made by the United States, called for prompt, transparent and impartial investigations into reported enforced disappearances, including that of Wanchalearm Satsaksit and seven other Thai political activists missing since 2014.

Thailand has since enacted the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022), which came into force on 22 February 2023, followed by the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) in 2024. However, Thailand has not made a declaration under Article 31 of the ICPPED recognising the competence of the Committee on Enforced Disappearances (CED) to receive and consider individual communications from, or on behalf of, persons claiming to be victims of violations of the Convention by Thailand. Consequently, individuals cannot currently bring complaints concerning alleged violations by Thailand directly before the CED under Article 31. Despite Thailand’s support for these recommendations, implementation on the ground has made limited progress. In Thailand’s Southern Border Provinces (Patani), victims face arbitrary detention, torture, and extrajudicial killings under special laws without accountability or remedies. Thailand has also not ratified the Optional Protocol to the Convention against Torture (OPCAT), and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Recommendations to open these international protection and remedy mechanisms have been raised in previous UPR cycles, but the corresponding commitments remain unfulfilled.

The scale of unresolved disappearance, prolonged detention and unlawful killings demonstrates the gap between reform and protection. Families continue to face blocked investigations, inaccessible remedies and threats when seeking the truth. The evidence below distinguishes UN-transmitted disappearance cases, community documentation and complaints under the 2022 Act, whose different coverage must remain clear.

The central implementation gap lies in the authorities’ response to allegations. Families are asked to establish official involvement before the investigation needed to identify the perpetrators is opened. Special security laws continue to expose detainees to abuse, while delayed proceedings, limitation periods and inaccessible remedies sustain impunity. The 2022 Prevention and Suppression of Torture and Enforced Disappearance Act and Thailand’s ratification of the ICPPED must result in effective investigations, enforceable custody safeguards and protection for victims and families.