Page:พรบ ทรมานและสูญหาย ๒๕๖๕.pdf/2

 Therefore, by and with the advice and consent of the National Assembly, He orders with His gracious pleasure that the following Act be enacted:

This Act is called the "Prevention and Suppression of Torture and Enforced Disappearance Act, 2565 BE".

This Act shall come into force upon elapse of the limit of one hundred and twenty days reckoned from the day of its publication in the Royal Gazette onwards.

In this Act—

"injured person" means a person who has undergone injury to the life, body, or mind as a result of an act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance, and shall include the husband of a person subjected to an act of enforced disappearance, the wife of such person, an ascendant of such person, a descendant of such person, the person with whom such person cohabits as husband or wife without registered marriage, or a person giving maintenance to or given maintenance by such person;

"state authority" means a person who exercises a state power, or to whom a power has been assigned or appointment, authorisation, support, or acquiescence has been given directly or implicitly by a person holding a state power for the carrying out of an act according to the law;

"Commission" means the Commission for Prevention and Suppression of Torture and Enforced Disappearance;

"custody" means arrest, restraint, detention, lockup, confinement, or any other similar act which limits the physical freedom of a person.

The Minister of Justice shall be in charge of the execution of this Act.

When anyone who is a state authority commits by whatever means an act which causes another to undergo severe pain or suffering, either physical or mental, for any of the following purposes:

to obtain information or confession from the victim or a third person;

to punish the victim because of an act the victim or a third person has committed or is suspected to have committed;