Page:พรบ ทรมานและสูญหาย ๒๕๖๕.pdf/3

 to intimidate or coerce the victim or a third person;

to commit discrimination of any kind;

that one commits an offence of torture.

When anyone who is a state authority inflicts punishment or by whatever means commits an act in a cruel, inhuman, or degrading manner, thus causing another to suffer dehumanisation or violation of a fundamental right to humanness or to undergo physical or mental pain or suffering, that one commits an offence of cruel, inhuman, or degrading treatment, if it does not amount to the offence under paragraph 5.

The act under paragraph 1 does not include harm which is an inherent or incidental outcome of all the lawful sanctions.

When anyone who is a state authority holds in custody or abducts any person and that state authority refuses to have committed the said act or conceals the fate or whereabouts of such person, thus causing the person to be removed from the protection of the law, that one commits an offence of enforced disappearance.

The offence under paragraph 1 shall be considered a continuous offence until the fate of the person is known.

Anyone who commits outside the Kingdom an offence of torture according to section 5, an offence of cruel, inhuman, or degrading treatment according to section 6, or an offence of enforced disappearance according to section 7, must undergo inside the Kingdom such penalty as designated in this Act, in respect of which section 10 of the Penal Code shall also apply mutatis mutandis.

The offence of torture according to section 5 and the offence of enforced disappearance according to section 7 shall not be considered the offences of political characters according to the law on extradition and the political offences according to the law on international cooperation in criminal matters.

In a case of an offence of enforced disappearance according to section 7, investigation shall be conducted until the person subjected to the enforced disappearance is found or reliable evidence indicating the death of such person is obtained, and the details of the commission of the offence are learnt, and the offender is known.