The National Human Rights Commission points out that the murder case of 'Aunt Bua Phan' violates the principles of rights in the justice process. Prepare to send the matter to the Attorney General and the Committee for Prevention and Suppression of Torture Check the facts and take action against the officials. and provide compensation to the injured The National Human Rights Commission (NHRC) has been following news of the incident. News about the case of 5 children and youths causing physical harm and killing Miss Buaphan Tansu or "Auntie Buaphan" and dumping the body in a pond to hide the case. The incident occurred on January 12, 2024 in the Aranyaprathet District area. Sa Kaeo Province and saw that the actions of the police or investigators at the Aranyaprathet Provincial Police Station It is not in accordance with the principles of rights in the criminal justice process of the accused or defendant. Including performing duties contrary to human rights principles in many ways In case that happened It is clear that Auntie Buapan And Uncle Piak is not protected by law as he should be. and was treated unfairly Efforts are being made to help the perpetrators. and create a situation where Uncle Piak becomes a goat or a defendant in a very bad way Bringing Uncle Piak to prepare a confession is contrary to the principle of presumption of innocence. According to Article 29 of the Constitution and Article 14 of the International Covenant on Civil and Political Rights, in a criminal case, it is presumed that the accused or defendant is not guilty. and before there is a final judgment At the same time, the state should provide necessary and appropriate legal assistance. By providing lawyers for the poor or underprivileged to access the justice process. If the officials do not report the charges and inform the rights of the accused, It would also be an act that violates the rights in the justice process. In addition, when considering the rights of persons not to be subjected to torture or inhumane or degrading treatme nt or punishment, the NHRC is of the view that the police officers took Uncle Piak to be questioned in a room with air conditioning turned on but let him Take off your shirt. Bring a black bag to cover your head. and forced and threatened to make a confession It is an act that causes severe pain or suffering to the body or mind. And it is a cruel act. Inhumane or degrading to human dignity which causes devaluation or violation of basic human rights as well which in criminal proceedings The state or government officials may not use torture to obtain information or confessions from the accused or defendant. Such actions are therefore considered a violation of the right not to be tortured. This is an offense according to the Prevention and Suppression of Torture and Disappearance Act B.E. 2022. If the superior is aware but does not take action to stop the commission of the offense, he will be liable to his subordinates as well according to this law. And the fact that the police did not record the video and audio in the detention was considered a violation of the Prevention and Suppression of Torture Act as well. The National Health Commission would like to emphasize that rights in the criminal justice process It is a basic human right of the accused or defendant. including all citizens The state or government officials have a duty to respect, protect, and fulfill various rights. From the above cases, the NHRC will refer the matter to the Attorney General's Office. and the Committee for the Prevention and Suppression of Torture and Enforced Disappearance. Conduct an investigation into the facts in order to bring the guilty to punishment. and to rehabilitate and provide physical and mental relief to the victims according to their duties and authority. At the same time, the NHRC will join with network partners to drive forward the issue of rights in the justice process. Especially Access to Justice for All to present to the Cabinet and relevant agencies. To promote and protect human rights, including amending and impr oving laws to be consistent with human rights principles. Source: Thai News Agency