The Investigation and Legal Proceedings in the Case of Aunt Buaphan Tansu: Prevention and Suppression of Torture and Disappearance Act of 2022

2024-01-25 00:45:00

From the case of a serious murder in Sa Kaeo Province, “Ms. Buaphan Tansu” was 47 years old, a mentally unstable woman. There were five cases of children and youth between the ages of 13-16 years, including the children of police officers. Position: Deputy Inspector of Investigation Aranyaprathet Police Station, Sa Kaeo Province, joined together to seriously injure Aunt Buapan until she died. before dumping the body into the pool Police later arrested Mr. Panya Kongsaenkham, age 54, or Uncle Piak (deceased husband), and proceeded with questioning. Point out the crime scene and accompany the confession. Before being detained by the court and sent to Sa Kaeo Provincial Prison Until they found evidence from CCTV cameras, they learned that Uncle Piak was the goat in the case. Later, it was revealed that in the interrogation process, Uncle Piak inquiry official Aranyaprathet Police Station A black bag was used to cover the head. The air conditioner was turned up until it was cold and Uncle Piak was forced to take off his shirt. Until it became hotly criticized as an act of torture. to obtain a confession It is considered an offense according to Is there the Prevention and Suppression of Torture and Disappearance Act of 2022 or the Amnesty Act or not, as has been continuously reported in the news?

Progress in this matter on 25 Jan. Reporters reported that on 24 Jan. A most urgent document has appeared, No. 0853/260, signed by Pol. Lt. Col. Yutthana Praedam, Deputy Director-General of the Department of Special Investigation (DSI), sent to the Director-General of the Investigation Office, subject: Notification of the investigation. In the case of Mr. Panya Kongsaenkham or Uncle Piak Within the document, the content was stated as “With the Department of Special Investigation An investigation is under way in the case of Mr. Panya Kongsaenkham or Uncle Piak. The police have been prosecuted illegally by the police. which may be considered an offense according to Prevention and Suppression of Torture and Disappearance of Persons Act 2023 (Investigation Number 11/2024). In this regard, the Department of Special Investigation will accept the case as a special case. In order to carry out the investigation in accordance with the provisions of Section 31 of the Prevention and Suppression of Torture and Enforced Disappearance Act, B.E. 2022.”

In addition, the reporter further reported that The provisions of Section 31 of the Prevention and Suppression of Torture and Enforced Disappearance Act, B.E. 2022, are specified within Section 4, Proceedings, the content of which is as follows:

“In Bangkok and other provinces In addition to the investigating officers under the Criminal Procedure Code, to senior administrative employees Administrative staff position From the district secretary or equivalent and above under the Department of Provincial Administration Ministry of Interior Special case investigator and prosecutor Being an investigative officer, he has the authority to investigate and be responsible according to the Criminal Procedure Code. and prosecute offenses under this Act and other related offenses.

In the case where special case investigators investigate any offense under this Act, that case shall be a special case according to the law on special case investigation.

In the case of an investigation by an agency other than the public prosecutor Let the responsible person investigate. Notify the cause of the case to the prosecutor. to inspect or supervise the investigation immediately

In the case of uncertainty, which local investigator or agency is the responsible investigative officer The Attorney General or his representative will be the final decision.

In the case where the offender under this Act is a government official in accordance with the organic law on prevention and suppression of corruption. and is within the duties and powers of the National Anti-Corruption Commission The responsible investigating officer shall proceed with the proceeding in accordance with this Act. and notify the National Anti-Corruption Commission”.

However, if we go back to the date of January 22 at the Department of Special Investigation (DSI) building, Mr. Kanthat Phongpaiboonwet or Gun Jomphalang along with Ms. Wi (pseudonym), age 45, granddaughter of Mr. Panya Kongsaenkham, 56 years old or Uncle Piak, husband of Ms. Buaphan Tansu or Auntie Buaphan. Has traveled to file a complaint with the Department of Special Investigation Please check the behavior of the police officers. Aranyaprathet Police Station, Sa Kaeo Province, who questioned Uncle Piak, determined that it was an offense according to Is it the Prevention and Suppression of Torture and Disappearances Act of 2022 or the Amnesty Act? With Police Lieutenant Colonel Waranan Srilam, DA spokesman. SI is the representative to receive the matter. Along with specifying that Initially, the DSI will accept the matter for investigation. This will be carried out by the Justice Affairs Division. However, in the past, the DSI has begun investigating the information and searching for additional evidence. both personal witnesses Witnesses of various objects As for the case of the behavior of the police officers Whether Aranyaprathet Police Station falls under the Amnesty Act or not, several elements of the law must be looked at in order to get the facts, such as restriction of freedom. Some actions cause the victim to confess. or actions that are physically and mentally dangerous and other facts to accompany Therefore, it can be concluded later that government officials will be guilty under which section? Abstaining from Absence Act.

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