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CHAPTER III : Examination of Human Rights Violations

                Section 22.  The Commission shall have the duties to examine and propose remedial measures under this Act for the commission or omission of acts which violate human rights and which is not a matter being litigated in the Court or that upon which the Court has already given final order or judgment.

                 Section 23.  Any person whose human rights are violated has the right to lodge a petition in writing which shall contain details as follows:

                (1)       name and address of the petitioner or his or her representative;

(2)       facts and circumstances which are causes of the commission or omission of acts which violate  human rights;

(3)       signature of the petitioner or representative appointed in writing by the petitioner;

  Petition may be made verbally in accordance with a Regulation issued by the Commission.

                 The petition shall be submitted at the Office of the National Human Rights Commission or by registered post with return receipt or to any member or via a private organisation in the field of human rights to be referred to the Office of the National Human Rights Commission or by any other mean as prescribed by the Commission.

                 Upon receiving the petition under paragraph one, the Office of the National Human Rights Commission shall, without delay, notify the petitioner or the representative; provided that notification shall be made no later than three days as from the date the petition is received.

 

                Section 24.  In the case where a petition from a person whose human rights are violated is lodged with a private organisation in the field of human rights or where there appears to the said organisation of such committed or omitted act thereof, if that organisation considers the case to be prima facie it may propose the matter to the Commission for further proceeding.

                 A private organisation in the field of human rights under paragraph one shall be a juristic person under Thai law which carries out business directly related to the promotion and protection of human rights as prescribed by the Commission and which does not have political objectives or seeks profits from carrying out such business.

 

                Section 25.  In the case where the Commission deems it appropriate to examine any case of a human rights violation or where the Commission has received a petition of human rights violation under section 23 or has received a petition from a private organisation in the field of human rights under section 24 and is of the opinion that it is a prima facie case which is under its powers and duties, the Commission shall notify a person or agency alleged to be a human rights violator or a person or agency whom the Commission considers to be involved in human rights violation to give a responded statements of facts within the period specified by the Commission.  In the said notification, the Commission shall summarise details of facts sufficiently for a correct and complete response.

                 In the case where the Commission deems the received matter is not within its powers and duties or has rejected to consider such matter, the Commission shall, without delay, notify the petitioner or the private organisation in the field of human rights of which the petition is submitted, and, for the interest of protecting human rights, may refer the matter to a person or agency involved with the matter as it deems appropriate.

                 In the case where the Commission deems the matter should be appropriately considered by another responsible agency, it may refer the matter to such agency regardless of the state of proceeding of the matter.  In this case, the Commission may make a written inquiry of the progress to the agency.  If it appears that that agency has not proceeded or has rejected to consider the matter, the Commission may bring the matter back to its consideration; provided that such matter is within its powers and duties.

                 In making a referral to another agency or bringing back the matter for consideration under paragraph three, the Commission shall, without delay, notify the petitioner or the private organisation that has made a submission.

 

                Section 26.  When the period for responding statements of facts under paragraph one of section 25 has lapsed, the Commission shall proceed its examination of human rights violation by giving the petitioner and those involved an opportunity to provide details and present appropriate evidence to prove facts concerning the act alleged to be a human rights violation.

                 In conducting the examination of the human rights violation under paragraph one, if the parties are required to be present before the Commission, the parties have the right to bring lawyers or their counsel to the examination proceedings in accordance with the rules prescribed by the Commission.

                 In conducting the examination of a human rights violation, the Commission may appoint one or more sub-committee to carry out investigation and making factual inquiry, hearing responding statements of facts and evidence and preparing a report in accordance with the regulation prescribed by the Commission and submit it to the Commission.  In this case, the sub-committee shall have the same powers and duties as the Commission, except as provided otherwise by the Commission.

                 In carrying out the examination of human rights violation, the Commission may appoint an official to assist in the performance thereof.

 

                Section 27.  In conducting the examination of human rights violation, the Commission shall, if it deems mediation is possible, mediate between persons or agencies involved to reach an agreement for compromise and solution of the problem of human rights violation.  If the parties agree to compromise and solve the problem and the Commission considers the agreement is within the scope of human rights protection, the Commission shall prepare a written agreement for the parties and settle the matter.

                 If it appears to the Commission thereafter that there is non-compliance with the written agreement under paragraph one, the Commission shall further proceed with the examination under its powers and duties.

 

                Section 28.  If the Commission is, subject to section 27 and when the examination is completed, of the opinion that there is a commission or omission of acts which violate human rights, the Commission shall prepare a report of the examination which shall specify details of the circumstances of human rights violation which shall clearly set forth the legal duties and methods of performance of a person or agency, including the period for implementation of such measures.

                 In setting forth the remedial measures under paragraph one, the Commission may require a person or agency to perform his or its duties by appropriate methods to prevent a recurrence of similar human rights violation.

                 In the case the Commission is of the opinion that the said commission or omission of acts does not violate human rights but there is an unjust practice from which the aggrieved persons deserves a remedy, the Commission may set forth remedial guidelines and notify a person or agency to appropriately perform within the scope of powers and duties of such person or agency.

                 The Commission shall promptly notify the examination report to the person or agency having duties to perform and to the petitioner in case a petition has been lodged with the Commission.

 

                Section 29.  The person or agency shall, upon receiving the examination report under section 28, implement the remedial measures for solving the problem of human rights violation within the period specified by the Commission and shall notify the results of the implementation to the Commission.

                 In the case where the implementation of the remedial measures for solving the problem of human rights violation cannot be completed within the specified period, the person or agency shall, before the expiration of the previous period, request the Commission for an extension of the implementation period together with reasons and the length of period sought for extension; provided that no request shall be made for an extension of the implementation period more than two times.

 

                Section 30.  When the period under section 29 is lapsed, if the person or agency has not implemented the remedial measures for solving the human rights violation or has not completed the implementation without justifiable reasons, the Commission shall report to the Prime Minister to order an implementation of the remedial measures within sixty days as from the date the report is received.  In this case, the Commission shall specify, to the Prime Minister, details for the exercise of the legal power in the issuance thereof, except the implementation of such remedial measures is not within the power of the Prime Minister, the Commission shall proceed in accordance with section 28.

 

                Section 31.  In the case where no proceeding or order for the implementation of remedial measures for solving the human rights violation under section 30 has been taken, the Commission shall report to the National Assembly for further proceeding.  In reporting to the National Assembly, if the Commission deems it beneficial to the public, the Commission may disseminate to the public the case in which no implementation of remedial measures for solving the human rights violation has been taken.

               

                Section 32.  In the performance of duties, the Commission shall have the powers as follows:

                 (1)      to summon a Government agency, State agency or State enterprise to give written statements of facts of opinions concerning the performance of official duty or other duties or to deliver objects, documents or other related evidence or to send a representative to give statements;

(2)      to summon a person, juristic person or private agency concerned to give statements or to deliver objects, documents or other related evidence at the date, time and place as specified. 

                The delivery of a summons shall be made by a registered post with return receipt to the domicile or office of the receiver.  In the case where the delivery by the said mean cannot be made or no action was taken in accordance with the summons within reasonable period, the Commission shall redeliver the summons by the said means or by other means as the Commission deems appropriate;

                 (3)      to request the Court of proper jurisdiction to issue a warrant for entering into a dwelling or any place for the benefits of examining facts or gathering related evidence which shall be proceeded as necessary and without delay.  Before commencing an examination or gathering of evidence, a member or an official entrusted shall manifestly show no concealment on his personal identity and shall, as far as possible, conduct the examination and gathering thereof in the presence of the occupier or the caretaker of the place or relevant person.  If such persons cannot be found, the examination and gathering shall be conducted in the presence of at least two persons invited to be witnesses.  In this case, the occupier or the caretaker of the place or relevant person shall facilitate the performance of duties of the member or the delegated official;

(4)      to issue Regulations concerning rules and methods of paying  living expense and travel allowance for the witness or the official appointed by the Commission to examine human rights violation.

 

                Section 33.  In the performance of duties under this Act, members, members of the sub-committee or official appointed by the Commission to examine human rights violation shall be official under the Penal Code.

 

Posted on 2002-08-22



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