Unofficial translation
CONSTITUTION OF THE KINGDOM OF THAILAND
BOOK III
RULE OF LAW, COURTS
AND
EXAMINATION
ORGANIZATIONS
CHAPTER 1
Courts and Judicial Process
Part 1
General Provisions
Section
217. The rule of law which is the
fundamental basis of democratic Constitution shall consist, at least, of the
followings principles:
(1)
supremacy of Constitution and law over individual will and the Constitution and
law are revered by the State and the people;
(2)
protection of human dignity, rights, liberties and equality;
(3) separation of
powers, examination of the exercise of State power and protection of conflict
between individual interest and public interest;
(4) judicial process
which at
least requires that the Constitution and law shall not be applied to constitute
criminal penalties on a person retrospectively, a person shall have the right
to protect himself when his rights or liberties have been affected, no person shall
be forced to render statement that may result in him being criminally
prosecuted, no person shall be criminally prosecuted for the same offence more
than one time, and a person is presumed innocent until receiving judgment of
conviction;
(5) independent of Courts and honesty and impartiality of judicial
process.
Section
218. The judicial process shall be constitutionality
and legally, fair, standard, transparent and accountable, and the procedure
shall be appropriate with each type of cases, efficient, without delay except
for reasonable ground and at minimal expenses.
The
trial proceeding of the Courts shall be at fixed period as a security of trial
and adjudication of the case and it shall be disclosed to public.
Parties
to cases, interested parties and attorneys shall have the duty to get together
with the Court so as to prevent the trial from delay without reasonable ground.
Whoever exercises his right in bad faith
shall be punished as provided by law.
Judgment,
decision and order shall contain the rationale thereof, shall be read in public
and shall be accessed easily by the interested person. If it relates to public interests, the
general public shall also be able to access easily.
Section
219. The Courts shall have the
power to trial a case and it shall conduct the trial with due regard to justice
under the rule of law, the Constitution and law and in the name of the King.
Judge is independent in a trial and
he shall trial without bias and shall have knowledge, expertise and experience
that are suitable for the case under his trial.
Judge
shall not be political official or hold political position.
Salary, emolument and
other remunerations of judge shall be provided by law, and the payroll system
of civil service shall not be applied.
Whenever salary or emolument of civil service increases, salary and
emolument of judge shall also be increased in proportion.
The appointment,
transfer, increase of salary and promotion of judge shall guarantee an independence
of judge as provided by law.
Disciplinary and disciplinary
punishment of judge by personnel administration organization of the Courts
shall guarantee for direct appeal to the highest Court of which the judge
belongs to as provided by law.
Section
220. The performance of duties of
the State official in judicial process shall be impartiality without bias in
accordance with the rule of law, the Constitution and law.
If
it appears to the Courts or State agency having duty to enforce the law that
any law or rule produce injustice effect to the public or in consistent with
section 87, such Courts or State agency shall refer recommendation to the
Council of Ministers and the national Assembly for amendment.
Section
221. All Courts may be established
only by Acts. The Courts shall be
adequately established so that the public shall easily, conveniently and
swiftly access with minimal incurring expenses.
The
establishment of a new Court to trial and adjudication any particular case or a
case of any particular charge in place of the Court existing under the law and
having jurisdiction over such case is prohibited.
A
law having an effect of amending or revising the law on organization of the Courts
or on judicial procedure for the purpose of its application to a particular
case is prohibited.
Section
222. In the case of a dispute on
the competent jurisdictions of the Court of Justice, the Administrative Court,
the Military Court or any other Courts, a ruling shall be made by the committee
consisting of the Presidents of the Courts relating to the dispute and at least
three but not exceeding five qualified persons in the legal field as members
and the administrative function of the committee shall be served by the
administrative organization of the Court of Justice and the Administrative
Court for one year each as provided by law.
The
committee under paragraph one shall select the qualified persons under
paragraph one to act as chairperson in each disputed case.
The
rules for the submission of a dispute under paragraph one shall be provided by
law.
Section
223. The King appoints and removes
judge and transfers from one position to another, but if the judge vacates
office by the provisions of law or upon his death, the King shall be reported
for His acknowledgement.
Section 224. Before taking office, a judge shall make a
solemn declaration before the King in the following words:
“I,
(name of the declarer) do solemnly declare that I shall be loyal to His Majesty
the King and will faithfully perform my duties in the name of the King without
any partiality in the interest of justice, of the people and of the public
order of the Kingdom. I shall also uphold and observe the democratic regime of
government with the King as Head of State, the Constitution of the Kingdom of
Thailand and the law in every respect.”
The King
may command the judge to make a declaration under paragraph one before the Heir
to the Throne or His Representative.
Section 225. The Committee which is the personal
administrative body of judge of any Court shall consist of the President of
such Court as the chairperson, appropriate proportion of representatives who
have been elected by judges in such Court and qualified persons who are not or
have never been a judge or are holding a political position in the number that
is not less than one third of the committee members who are judges as provided
by law.
Members
who are the elected representatives under paragraph one and qualified persons
may hold the position for only one term, except in the case of the judge in
such Court that has ever been elected to hold the position, such person shall
hold the position for another term.
In
the case where there are no qualified person under paragraph one or not fully
appointed and the committee members in the number that is not less than six
persons are of the opinion that a matter is urgent for approval, the committee
may consider such matter.
The
person who is holding a position in a personnel administration body of one
court shall not be a member of a personnel administration body or an
administrative member of any other court at the same time.
Section
226. The President of the Supreme
Court of Justice, the President of the Supreme Administrative Court and
President of other Courts other than the Constitutional Court and the Military
Court shall hold the position for four years as from the date of their
appointment by the King and shall hold the office for only one term. In the case where the person vacates office
by any ground other than retirement, he shall be appointed to other position as
prescribed by the personal administration body of the Court.
Judge
of the Court of Justice, the Administrative Court and other Courts except the Military
Court who reaches sixty five years of age shall be retired at the end of the fiscal
year in which such person reaches sixty five years of age. The judge who is retired on the aforesaid
ground may continue to be senior judge until reaching the seventy years of age
as provided by law.
Section
227. The Constitutional Court, the Court
of Justice, the Administrative Court and the other Courts other than the
Military Court shall have independent secretariat, with the Secretary-General
of the Office of the Court as the superior official directly responsible to the
President of such Court.
The
appointment, removal, efficiency evaluation and disciplinary proceeding of the
Secretary-General shall be approved by the personnel administrative body of
such Court as provided by law.
Office
of the Court shall have independent in personnel administration, budgeting and
other matters as provided by law.
Section
228. State Attorney Organization
shall be independent in the execution of its duties for justice under the rule
of law, Constitution and law.
State
attorney shall have the powers and duties as provided by this Constitution, the
law on State Attorney Organization and State Attorney and other laws.
State
Attorney shall, in significant criminal case, have power to conduct an
investigate with investigating official as provided by law.
The
decisive order for prosecution, not to prosecute, revoking of prosecution,
appeal, not to appeal or revoking of appeal of the Attorney-General under the
law shall contain rationale for such order and shall arrange for interested
parties to easily access except when it is a matter relating to public
interests in which the general public may also access as provided by law.
Appointment,
transfer, promotion of salary and position and disciplinary of State Attorney
shall have security for its independence as provided by law, and the provisions
of section 219 paragraph four and section 226 paragraph two shall apply to
State Attorney mutatis mutandis.
The
personnel administration body of State Attorney shall be independent and
consist of the chairperson who is a qualified person that is not and has not been
a State Attorney or holding a political position, the Attorney-General,
representatives of State Attorney who are elected by each level of State
Attorney in appropriate number and qualified persons who are not or have not
been a State Attorney or holding a political position in the number of not less
than one third of members who are State Attorneys as provided by law.
The
members who have been elected and the members who are qualified persons under
paragraph six shall hold office for only one term.
State
Attorney shall neither hold any position or perform any duty for a State
enterprise or other enterprises of State having similar nature or in any partnership
or company and shall not be an advisor of a person holding political position
or other positions having similar nature, nor engage in any occupation or
profession that may affect the performance of his duties or may detriment the
dignity of his office.
The
Office of the Attorney-General shall be independent in personnel
administration, budgeting and other matters as provided by law.
Part 2
Constitutional
Court
Section
229. The Constitutional Court
consists of nine judges of the Constitutional Court appointed by the King upon
advice of the Senate from the following persons:
(1) two
judges of the Supreme Court of Justice holding a position not lower than judge
of the Supreme Court of Justice and elected at a plenary meeting of the Supreme Court of Justice;
(2) two
judges of the Supreme Administrative Court elected at a plenary meeting of the
Supreme Administrative Court;
(3) three
qualified persons in law and at least one person shall have knowledge and
expertise in public law;
(4) two
qualified persons in political science or persons who have expertise in the
field of public administration or expertise from an organisation which is not
the public organisation.
Rules and
procedure for the selection of persons under paragraph one shall be in
accordance with the Organic Law on the Constitutional Court and Procedure
of the Constitutional Court.
The
persons selected under paragraph one shall hold a meeting and elect one among
themselves to be the President of the Constitutional Court and notify the
result to the President of the Senate accordingly.
The
President of the Senate shall countersign the Royal Command appointing the
President and judges of the Constitutional Court.
Section
230. There shall be a Selective
Committee for judges of the Constitutional Court under section 229 (3) and (4)
consisting of different kinds of members as follows:
(1)
four qualified persons: two of which are elected at a plenary meeting of the Supreme Court and two of which
are elected at a plenary meeting of the
Supreme Administrative Court;
(2)
two qualified persons: one of which is elected by the Government political
parties and political groups and the other is elected from the opposition
political parties and political groups;
(3)
two qualified persons elected by the Dean of the Faculty of Law from the higher
education institutions;
(4)
two qualified persons elected by the Dean of the Faculty of Political Science
from the higher education institutions;
(5) one
qualified person elected by the National Moral Assembly.
Rules
and procedure for the selection of persons under paragraph one shall be in
accordance with the Organic Law on the Constitutional Court and Procedure
of the Constitutional Court but the qualified persons under paragraph one shall
not be a judge or Dean.
Members
of the Selective Committee under paragraph one shall not be in the selection of
judges of the Constitutional Court and such Selective Committee shall hold a
meeting and elect one among themselves to be the Chairperson of the Committee.
In
the case where it is not possible to complete the selection of members of the
Selective Committee as provided in paragraph one for whatever reason it is, if
the selected members of the Selective Committee are not less than two third of
the total members of the Selective Committee and its members are from no less
than four different types and the Selective Committee shall consist of the
remaining members. However, if the amount of members of the Selective Committee
is less than what is provided, a plenary session of the Supreme Court of
Justice shall elect three qualified members and a plenary session of the
Supreme Administrative Court shall elect three qualified members to be the
Selective Committee. Such Selective Committee shall elect one qualified member
to be the Chairperson of the Selective Committee and such person shall be a
member of the Selective Committee.
Section
231. The Selective Committee for
judges of the Constitutional Court must complete the selection of qualified
persons to be appointed as the judges of the Constitutional Court under section
229 (3) and (4) within thirty days as from the date of occurrence of the
grounds for election and then nominates the selected persons, with their
consents, to the President of the Senate. Such selection resolution shall be by
open votes and passed by the votes of not less than two-thirds of the total
number of the existing members of the Selective Committee.
In
the case where the members in office are unable to perform his duty and the
number of the remaining members is not less than one-half thereof, the
Selective Committee shall consist of the remaining members.
The
President of the Senate shall convoke a sitting of the Senate for the passing
of the approval resolution of the elected persons under paragraph one within
thirty days as from the date of receipt of the nomination. A resolution shall
be made in secret ballot. In case where the Senate passes an approval
resolution, the President of the Senate shall tender the names of the nominated
persons to the King for His appointment. In the case where the Senate
disapproves any person in the nomination, such nomination shall be returned to
the Selective Committee for judges of the Constitutional Court for a new
selection which shall be complete within thirty days as from the date of
occurrence of the ground for such execution.
Section
232. The President and judges of
the Constitutional Court shall hold office for nine years as from the date of
their appointment by the King and shall hold office for only one term.
The
President of the Constitutional Court who has been in office for three years
shall vacate the office but shall remain a judge in the Constitutional Court.
The judges of the Constitutional Court shall select one judge of the
Constitutional Court to be the President of the Constitutional Court to replace
the person thereof.
The
President and judges of the Constitutional Court who vacate office at the end
of term shall perform his duty until the newly appointed President and judges
of the Constitutional Court take office.
The
President and judges of the Constitutional Court shall be judicial officials
under the law.
Section
233. Qualifications, prohibitions,
vacating office prior to the end of term and any conduct which are prohibited
during the term of office as the President and judges of the Constitutional
Court shall be in accordance with the Organic Law on the Constitutional Court
and Procedure of the Constitutional Court. Such laws shall at least contain
the prohibitions stating that the person who used to hold office in an agency
under the Constitution examining the use of powers of the State shall not be in
the selection process and the vacating of office shall be upon being of seventy
years of age.
Section 234. In the application of the provisions of any
law to any case, if the Court by itself is of the opinion that, or a party to the
case raises an objection with reasons that, the provisions of such law fall
within the provisions of section 6 and there has not yet been a decision of the
Constitutional Court on such provisions, the Court shall submit, in the course
of official service, its opinion to the Constitutional Court for consideration
and decision. During such period, the Court may continue the trial, but the
adjudication to the case shall be suspended until the Constitutional Court has
made its decision.
In
the case where the Constitutional Court is of the opinion that the objection of
a party under paragraph one is not essential for decision, the Constitutional
Court may refuse to accept the case for consideration.
Section
235. A person whose rights and
liberties recognised by this Constitution are violated, has the right to submit
a motion to the Constitution Court for its decision as to whether the
provisions of the law are contrary to or inconsistent with the Constitution.
The
exercise of rights under paragraph one must be a case of an inability to
exercise the right by other means as provided in the Organic Law on the
Constitutional Court and Procedure of the Constitutional Court.
Section
236. In the case where a dispute
arises as to the power and duty among the House of Representatives, the Senate,
the National Assembly, the Council of Ministers or Constitutional Organization
which has the powers to inspect the exercise of State powers or the Selective
Committees under this Constitution, the President of the House of
Representatives, the President of the Senate, the President of the National
Assembly, the Prime Minister, the leader of the opposition party in the House
of Representatives or such organization shall submit the matter together with
its opinion to the Constitutional Court for consideration.
Section
237. The quorum of judges of the
Constitutional Court for hearing and rendering a decision shall consist of not
less than five judges.
The
decision of the Constitutional Court shall be made by a majority of votes
unless otherwise provided in this Constitution. Every judge of the Constitutional Court who
constitutes a quorum shall give an opinion of his own part and make an oral
statement to the meeting before passing a resolution.
The
procedure of the Constitutional Court shall be in accordance with the Organic
Law on Procedure of the Constitutional Court.
The
decision of the Constitutional Court shall be final and binding upon the
National Assembly, Council of Ministers, Courts and other State organs and
shall apply to all cases, but it shall not affect the rulings of cases which
are already final. In this regard, the decision of the Constitutional Court and
opinions on the consideration of the case of every judges of the Constitutional
Court shall be published in the Government Gazette.
Part 3
Courts of Justice
Section
238. The Courts of Justice have the
powers to try and adjudicate all cases except those specified by this
Constitution or the law to be within the jurisdiction of other Courts.
Section
239. There shall be three levels of
Courts of Justice, viz., Courts of First Instance, Courts of Appeal and
the Supreme Court of Justice, except otherwise provided by this Constitution or
other laws.
Section
240. There shall be in the Supreme
Court of Justice a Criminal Division for Persons Holding Political Positions,
the quorum of which consists of nine judges of the Supreme Court of Justice
holding a position not lower than judge of the Supreme Court of Justice or
senior judges having held a position of not lower than judge of the Supreme
Court of Justice who are elected at a plenary meeting of the Supreme Court of
Justice by secret ballot on a case-by-case basis.
The
competence of the Supreme Court of Justices Criminal Division for Persons
Holding Political Positions and the appeal to the judgment and the Criminal Procedure
for such person shall be as provided by this Constitution and the Organic Law
on Criminal Procedure for Persons Holding Political Positions.
Section
241. Appeal Courts, Regional Appeal
Courts and Specialized Courts shall have the following powers and adjudication
of cases:
(1) cases
relating to an election, suspension of the right to vote at an election for
members of the House of Representatives and the obtaining of senators shall be
within the jurisdiction of the Appeal Court. Cases relating to the election and
suspension of the right to vote at an election for local administrator and
election for members of local assembly
occurred within the jurisdiction of a court shall be within the jurisdiction of
the Appeal Court or regional Appeal Court as the case may be;
(2) cases
relating to an intention not to submit an account showing assets and
liabilities and supporting documents or an intention to submit such account
with false statements or conceal facts which should be disclosed as provided by
this Constitution shall fall within the jurisdiction of the Appeal Court or the
Regional Appeal Court as provided by law;
(3) specialized
cases shall be appealed to the Specialized Appeal Court as provided by law.
The procedure
and trial under (1) and (2) shall be in accordance with the Rules prescribed at
a plenary session of the Supreme Court. It shall use the inquisitional
procedure and such procedure shall be expedient.
Part 4
Administrative Courts
Section
242. Administrative Courts have the
power to try and adjudicate administrative cases as a consequence of the
exercise of an administrative power as provided by law or as a consequence of
the carrying out of an administrative act including cases resulting from an
administration and personnel administration of a Constitutional Organ which has
powers and duties to inspect the exercise of State powers as provided by law,
as well as to try and adjudicate matters prescribed by the Constitution or law
to be under jurisdiction of the Administrative Court.
The
jurisdiction of the Administrative Courts under paragraph one does not include
the use of powers by Constitutional Organs pursuant to the direct exercise of
their powers under the Constitution, whereby such Constitutional Organ duties
to inspect the exercise of State powers.
There shall
be the Supreme Administrative Court and Administrative Courts of First
Instance, and there may also be the Appellant Administrative Courts.
Section
243. Qualified persons in the field
of law and the administration of State affairs may be appointed as judges of
the Supreme Administrative Court. Such appointment shall be made in the number
of not less than one-fourth of the total number of judges in the Supreme
Administrative Court and shall be approved by the Judicial Commission of the
Administrative Court as provided by law and by the Senate before it is tendered
to the King.
The
selection of judges in Administrative Courts of First Instance to be judges in
the Supreme Administrative Court shall be in accordance with the Rules and Procedure
as provided by the law on Establishment of the Administrative Courts and
Administrative Court Procedure. This shall be approved by the Judicial
Commission of the Administrative Court and the Senate before it is tendered to
the King. In this regard, such appointment shall be made in the number of not
less than one-fourth of the total number of judges in the Supreme
Administrative Court.
Section
244. There shall be a division on
public finance disciplinary and budget within the Central Administrative Court
and the Supreme Administrative Court.
Quorum of
judges, powers and duties, prosecution and procedure of the Court Division on
public finance disciplinary and budget shall be in accordance with the law on
Establishment of the Administrative Courts and Administrative Court Procedure.
Part 5
Military Court
Section
245. Military Court has
the power to try and adjudicate cases involving offenders are subject to the
jurisdiction of the Military Courts and other cases as provided by law.
The
appointment and removal from office of military judges shall be as provided by
law.
CHAPTER 2
Examination of the
Exercise of State Powers
Part 1
General Provisions
Section
246. The examination of
the exercise of State powers shall be conducted in accordance with laws, with
honesty and without conflict of interests. Such scrutiny shall be conducted in
a transparent and accountable process.
The
examination of the exercise of State powers under paragraph one shall be
protected.
Section
247. Persons holding the following
positions are under duty to submit an account showing particulars of assets and
liabilities and a copy of the income tax form of themselves including other
related documents to the National Counter Corruption Commission or other organization
having duty to examine the exercise of State power as provided by law:
(1) Prime
Minister;
(2) Ministers;
(3) Members
of the Committee in the Constitutional Organs which have duties to inspect the
exercise of State powers;
(4) Members
of the House of Representatives;
(5) Members
of the Senate;
(6) Other
political officials and persons holding other political positions;
(7) Local
administrators and members of a local assembly as provided by law;
(8) Other
government officials as provided by law.
The
documents to be submitted under paragraph one shall consist of the account
showing particulars of assets and liabilities and a copy of the income tax form
including related documents of spouses and children who have not yet become sui
juris of the persons under paragraph one including a person who has been
assigned by the person under paragraph one to possess or take care of the
assets whether directly or indirectly, as provided by law.
The account
showing particulars of assets and liabilities and supporting documents of: the
Prime Minister; Ministers; Members of the Committee in the Constitutional
Organs which have duties to inspect the exercise of State powers; members of
the House of Representatives; and members of the Senates shall be disclosed to
the public without delay but not later than thirty days as from the date of
expiration of the period for the submission of such account. The account of
persons holding other positions shall only be disclosed in the case where the
disclosure thereof is beneficial to the trial or adjudication and is requested
by the Courts, an interested person or the State Audit Commission or as
provided by law.
Part 2
Conflict of Interests
Section
248. Persons holding political
positions and government officials shall not act with conflict of personal and
public interests and shall not, at least, perform the following acts:
(1)
to submit a policy or law or rule which
would benefits the business, which they, their spouses, children or parents
have interest in;
(2)
to take personal relationship with other
persons into account when making decision in the performance of duty which
would benefit or damage such persons;
(3)
to spend official or organizational time,
money, properties, personnel, services, facilities or internal data for their
own benefit or others except where it is legitimately permitted by law or rule;
(4)
to act, to hold a position or to perform
any act in personal capacity which may cause doubtfulness whether it would
contradict with the public interest within the responsibility of duty or is
detrimental to the position.
Section
249. The Prime Minister and
Ministers shall:
(1)
not hold a position in partnership,
company or an organization which seeks profits or income to share or is an
employee of any person;
(2)
not hold a position or duty in a
government agency, state agency or a state enterprise or hold a position of a
member of a local assembly, local administrator or local government official;
(3)
not receive or interfere or intervene in,
whether directly or indirectly, any concession from the State, a government
agency, State agency or State enterprise, or become a party to contract of the
nature of an economic monopoly with the State, a government agency, State
agency or State enterprise, or become a partner or shareholder in a partnership
or company receiving such concession or becoming a party to a contract of such
nature;
(4)
not receive any special money or benefit
from a government agency, State agency or State enterprise apart from that
given by a government agency, State agency or State enterprise to the persons
in the ordinary course of business;
(5)
not act in violation of the prohibitions
under section 48 paragraph seven.
The
provisions of this section shall not apply in the case where the Prime Minister
or Ministers receives military pensions, gratuities, pensions, annuities for
royalty or any other form of money of the same nature, and shall not apply in
the case where the Prime Minister or Ministers accepts or holds a position of
committee member of the National Assembly, the House of Representatives, or the
Senate or committee members appointed in the course of the administration of
State affairs or is in the position or act in accordance with the provisions of
law.
The
provisions in (3), (4) and (5) shall apply to spouses and children of the Prime
Minister or of Ministers and other persons who acts as agent, partner of, or
who are entrusted by the Prime Minister or Ministers to act under this section.
Section
250. The Prime Minister and Ministers
shall not be a partner or shareholder of a partnership or a company or not
retain his being a partner or shareholder of a partnership or a company up to
the limit as provided by law. In the case where the Prime Minister or any
Minister intends to continue to receive benefits in such cases, the Prime
Minister or such Minister shall inform the President of National Counter
Corruption Commission within thirty days as from the date of appointment and
shall transfer his shares in the partnership or company to a juristic person
which manages assets for the benefit of other persons as provided by law.
The Prime
Minister and Ministers shall not carry out any act which, by nature, amounts to
the administration or management of shares or affairs of such partnership or
company as stated in paragraph one.
This
provision shall apply to spouses and children who have not yet become sui
juris of the Prime Minister and Ministers including the person entrusted by
the Prime Minister or Ministers to be a partnership or to hold shares on behalf
of him, whether directly or indirectly.
Section
251. The Prime Minister and
Ministers shall not, through a political status or position, interfere or
intervene with the following matters, directly or indirectly, for the benefit
of his own or other persons or of political party or political group:
(1)
the performance of official duties or
routine works of a government official or official of a State agency;
(2)
the recruitment, appointment, reshuffle,
transfer, promotion and elevation of the salary scale of a government official
or official of a State agency;
(3)
the removal from office of a government
official or official of a state agency;
(4)
the appointment and removal of a committee
in the state enterprise or public organization or other state agencies.
In this regard, except
if otherwise is the act under powers and duties in the administration of state
affairs, which is in accordance with the policies announced to the Assembly or
as provided by law and shall prevent or supervise his spouses and children,
including any person in the political party or political group he is affiliated
with, from performing such acts thereof.
Section 252. Members of the House of Representatives
or a senator shall not perform the act under section 249 (3), (4) and (5) and
section 251.
The provision in this
section shall not apply to the case where a member of House of Representatives
and a senator is appointed to be a committee of the National Assembly, House of
Representatives, or Senate or members of the Committee officially appointed of
the Legislative branch.
Part 3
Removal from Offices
and Deprivation of Political Right or
the Right to Hold any
Position
Section
253. Subject to section 74
paragraph four, paragraph five and paragraph six, any person who is holding a
position of Prime Minister, Ministers, Members of the House of Representatives,
senators, President of the Supreme Court, President of the Constitutional Court,
President of the Supreme Administrative Court or Attorney-General and has a
circumstance of unusual wealth or exhibits a sign of malfeasance in office,
wrongful conduct in official duties, intentionally violates the provision of
the Constitution or law, or violates or grossly fails to perform in accordance
moral principles, the National Assembly shall have the power to remove such
person from office.
The
provision in paragraph one shall apply to persons holding the following
positions:
(1)
judges of the Constitutional Court,
members of the Election Commission, Ombudsman and Human Right Commission, State
Audit Commissioner and Chairperson of the State Audit Commission;
(2)
judges, Attorney- General official, or any
person holding a high level position as provided by the Organic Law on
Prevention and Suppression of Corruption.
Section
254. Members of the House of
Representatives of not less than one-fourth of the total member of the existing
members of the House of Representatives have the right to lodge to President of
the National Assembly a complaint in order to request the National Assembly to
pass a resolution to remove the person under section 253 from office. The said
complaint shall clearly itemize the circumstances in which such persons have
allegedly committed that act.
Members of
the Senate of not less than one-fourth of the total number of the existing
members of the Senate shall have the right to lodge to President of the
National Assembly a complaint in order to request the National Assembly to pass
a resolution to remove a member of the Senate from office.
Citizen
having the right to vote of no less than twenty-thousand have the right to
lodge a complaint in order to remove persons under section 253 from office in
accordance with section 72.
Upon
receiving the complaint under paragraph two or three, President of the National
Assembly shall submit the matter to the National Counter Corruption Commission
to hold an inquiry.
Once the
inquiry is complete, the National Counter Corruption Commission shall submit a
report to President of the National Assembly and, in such report, it shall
state clearly whether and the extent to which the allegation stated in the
complaint contains a prima facie case and the extent to which the
convincing evidences contain.
If the
National Counter Corruption Commission passes a resolution with the vote of no
less than one half of the total existing members that the accusation contains a
prima facie case, it shall proceed under the Organic Law on Prevention and
Suppression of Corruption. If the National Counter Corruption Commission is of
the opinion that the accusation has no prima facie case, such accusation
shall lapse.
Upon
receiving the report under paragraph five, President of the National Assembly
shall convoke for a sitting of the National Assembly to consider such matter.
In the case where the National Counter Corruption Commission submits the report
outside the session, President of the National Assembly shall present the
petition to the King to convoke the National Assembly to open an ordinary
session and countersigns the Royal Command.
Members of
the National Assembly shall be independent n casting vote with shall be done
with secret ballot. The resolution removing any person from office shall be
done with the vote of no less than three-fifths of the remaining member of the
National Assembly. The provision relating to casting of vote, number of votes
and result of voting under section 74 paragraph five and six shall apply mutatis
mutandis.
Section
255. The complaint, the
consideration and inquiry of the complaint and decision of the National Counter
Corruption Commission that the complaint is a prima facie case including
the result of the votes and the resolution of the National Assembly shall be in
accordance with the Organic Law on Prevention and Suppression of Corruption. It
shall, at least, contain the followings:
(1)
the period of time which the National
Counter Corruption Commission and the National Assembly requires to consider
and pass a resolution;
(2)
withholding the persons under section 253
from their duties during the time the National Counter Corruption Commission
passes the resolution stating that it is a prime facie case until the
time the National Assembly passes the resolution;
(3)
the establishment of tripartite, which
consists of equal number of representatives from the National Counter
Corruption Commission, representatives from the Attorney-General and other
qualified persons from the field of law, in order to find a resolution
concerning the legal proceeding to the Supreme Court of Justice’s Criminal
Division for Persons Holding Political Positions.
The making and the
delivery of the list of name to persons having the right to vote under section
253 and section 74 paragraph four, paragraph five and paragraph six, rules and procedure
on casting of votes including the coordination between the National Counter
Corruption Commission and agencies which arrange the casting of votes shall be
in accordance with the Organic Law on the Election Commission.
Part 4
Criminal Proceedings
Against Persons Holding Political Positions
Section
256. In the case where the Prime
Minister, a Minister, a member of the House of Representatives, member of the
Senate, or other political official has been accused of becoming unusually
wealthy, or of the commission of malfeasance in office according to the Penal
Code or a dishonest act in the performance of duties or corruption according to
other laws, the Supreme Court of Justice’s Criminal Division for Persons Holding
Political Positions shall have the competent jurisdiction to try and adjudicate
the case.
The provisions
of paragraph one shall apply to the case where the said person or other person
who is a principal, instigator or a supporter including a person who gives,
asks to give or promises to give property or other benefits to the person under
paragraph one.
Section
257. In the case where a person
holding the position of Prime Minister, Minister, President of the House of
Representatives, or President of the Senate has been accused of becoming
unusually wealthy or of the commission of malfeasance in office according to
the Penal Code or a dishonest act in the performance of duties or corruption
according to other laws and the National Counter Corruption Commission does not
proceed the inquiry, such proceeding is too delayed or the inquiry proceeding
results in no establishment of prima facie case, members of the House of
Representatives, members of the Senate or members of the two Houses of no less
than one tenth of the total existing members of the two Houses or victims of
such conduct may submit a complaint to the President of the Supreme Court of
Justice to ask for a plenary meeting of the Supreme Court of Justice to
consider appointing an independent inquisitor from a person of apparent
political impartial and integrity to undertake the inquisition procedure to
find facts concerning the conduct of such person.
In the case
where the independent inquisitor is of the opinion that the accusation has a prima
facie case, the independent inquisitor shall submit a report and existing
documents including the opinion to the President of the Senate to proceed under
section 253 and shall initiate the legal proceedings in the Supreme Court of
Justice’s Criminal Division for Persons Holding Political Positions.
Qualifications,
prohibitions and appointment of the independent inquisitor including the
submission of the compliant, inquisition procedure, initiation of the legal
proceeding and other related process shall be in accordance with the Organic
Law on Criminal Procedure for Persons Holding Political Positions.
Section
258. In a trial, the Supreme
Court of Justice’s Criminal Division for Persons Holding Political Positions
shall rely on the file of the National Counter Corruption Commission or of the
independent inquisitor, as the case may be, and may conduct further inquisition
in order to obtain additional facts or evidence as it sees fit.
Part 5
Constitutional
Organization to Examine the Exercise of State Power
Section 1
Election Commission
Section 259. The Election Commission consisting of
five Commissioners appointed by the King with the advice of the Senate from the
persons of apparent political impartiality and integrity.
The persons advised by
the Senate under paragraph one shall elect one among themselves to be the
Chairperson of the Election Commission and notify the President of the Senate.
The President of the
Senate shall countersign the Royal Command appointing the Chairperson of the
Election Commission and other Election Commissioners under paragraph one and
paragraph two.
There shall be the
Office of the Election Commission to be a secretariat unit of the Election
Commission. As provided by law, the
Office shall be an agency having independence in personnel administration,
budget and other activities, and the Secretary-General of the Office shall be
the superintendent of the Office and shall be accountable directly to the
Chairperson of the Election Commission.
Section 260. The selection of the Election
Commissioners shall be as follows:
(1) the Plenary session of the Supreme Court shall select
and nominate two qualified persons;
(2) the Selection
Committee for Election Commission shall select and nominate three qualified
persons.
Rules and procedure for
the selection of the Election Commissioners under paragraph one shall be
provided by the Organic Law on the Election Commission.
The Resolution under (2)
shall be voted in public and shall pass with the votes of no less than
two-thirds of the existing members.
Section 261. The Selective Committee for the
Election Commission under section 260 (2) shall consist of the following
members:
(1)
four qualified persons, two of which are selected by the Plenary meeting of the Supreme Court of Justice and two of which are selected by
the Plenary meeting of the Supreme
Administrative Court;
(2)
three qualified persons, one of which is selected by political
parties and political groups from the Government;
(3)
one qualified persons selected by the Council of Ministers;
(4)
two qualified persons selected by the Deans of the higher
education institutes;
(5)
two qualified persons selected by the National Moral Assembly.
Rules
and Procedure for selection of the Selection Committee under paragraph one
shall be in accordance with the Organic Law on the Election Commission.
The
Selective Committee under paragraph one shall not be in the selection for
members of the Election Commission.
In
the case where selection under paragraph one cannot be completed, for whatever
reason, if the appointed members are not less than one half of the total
members of the Committee and the Committee are from no less than four different
types, the Selective Committee shall consist of the remaining members. In the
case where there is no member in any position or a member is unable to perform
his duty and the number is not less than one half thereof, the Selective
Committee shall consist of the remaining members.
Section
262. The process of selection
persons to be appointed as members of the Election Commission under section 260
shall be completed within thirty days from the date when a ground for such
selection occurs. The list of candidates with the approval of such persons
shall be submitted to the President of the Senate.
In
the case where there is no member in any type of position or members are unable
to perform his duties, if the remaining members are no less than one-half
thereof, the Selection Committee shall consist of the remaining members.
In
the case where the process of selection cannot be complete within the specified
period, or members cannot be completely selected within the specified period,
the plenary meeting of the Supreme Court of Justice shall continue to complete
the selection within fifteen days as from the date that the specified period
has lapsed.
The
President of the Senate shall convoke a sitting of the Senate for the passing
of an approval resolution of the selected persons under 260 and it shall be
conducted by secret voting.
In
the case where the Senate approves the nomination, the process under section
259 paragraph two and paragraph three shall be conducted. If the Senate does
not approve of any name in the nomination, whether it is the whole list of
nomination or part of the list, it shall be returned to the Selective Committee
for the Election Commission or the plenary meeting of the Supreme Court of
Justice, as the case may be, in order to carry out a new selection process.
Section
263. The Election Commission
shall hold office for a term of six years as from the date of their appointment
by the King and serve for only one term.
The
Election Commissioners who vacate office upon the expiration of the term shall
remain in office to continue to perform their duties until the newly appointed
Election Commissioners take office.
Qualifications,
prohibitions, vacating of office prior to the expiration of the term and other
necessary matters shall be in accordance with the Organic Law on Election
Commission which, at least, shall provide that the selection of persons who are
not judges and prohibitions of persons who used to be members of the committees
of other organs inspecting the exercise of State Powers.
Section
264. Members of the House of
Representatives, members of the Senate or members of the two Houses together
for no less than one-tenth of the total existing members of the two Houses have
the right to complain the President of the National Assembly if any Election
Commissioner lacks qualifications or is under any prohibitions or has acted in
contravention of any of the prohibitions under section 250 and the President
shall refer the complaint to the Constitutional Court within three days as from
the date of receipt of the complaint for a decision.
When
the Constitutional Court passes a decision, the Constitutional shall notify the
President of the National Assembly and the Chairperson of the Election
Commission of such decision.
The
provisions of section 101 shall apply, mutatis mutandis, to the vacating
of office of the Election Commissions.
Section
265. In the case where the
Election Commission vacate office en masses, it shall carry out the
selection procedure under section 260 within ninety days as from the date of
vacating the office.
In
the case where Election Commissioner vacates office upon other reasons in
addition to the end of term, the selection procedure under section 260 shall be
completed within sixty days from the date when grounds for such selection occur
and the approved persons shall be in office for the remaining time period of
the replaced Commissioner.
Section
266. The Election Commission
shall control elections of the members of the House of Representatives,
undertake the execution to obtain members of the Senate, control elections of
the members of the local councils and local administrators and control of the
voting of the resolution to be honest and fair.
The
Chairperson of the Election Commission shall have charge and control of the
execution of the Organic Law on Election of Members of the House of
Representatives and Obtaining Senators, the Organics Act on Political Parties,
the Organic Law on Election Commission, the Organics Law on Referendum and the
law on election of members of local assemblies or local administrators and
shall be the political party registrar.
Section
267. The Election Commission
shall have the following powers and duties:
(1)
to issue notifications or regulations
determining all acts necessary for the implementation of the laws referred to
in section 266 paragraph two including regulations relating to the launching of
election campaigns and any act of political parties, candidates and persons
having the right to vote to proceed in an honest and fair manner and
determining rules to be complied by State in giving support of fair election
and equal opportunity in campaigning;
(2)
to lay down regulations determining
prohibitions in the performance of duties of the Council of Ministers and
Ministers under section 184 with due regard to the maintenance of interest of
State and to honesty, fairness, equality and equal opportunity in an election;
(3)
to determine measures and controls on the
donation of money to political parties, the provision of financial support by
the State, expenditures of political parties and election candidates, public
audits of accounts of political parties and controls on disbursements and
receipt of money for the benefit of voting at an election;
(4)
to give orders instructing government
officials, officials of the State to perform all necessary acts under the laws
for the execution of powers and duties of the Election Commission;
(5)
to order the Commission to arrange
elections, government officials and officials of the State who has the duties
to arrange election to perform duties in accordance with the law or related
rules or suspend the duty including reassign government officials or State
officials to temporarily out of the area for the honest and fair election;
(6)
to conduct investigations and inquiries
for finding facts and giving decisions
on problems or disputes arising under section 266 paragraph two or when there
is a case of opposition or a reasonable ground to believe that the election or
the process to obtain members of the Senate is incorrect or illegitimate;
(7)
to order a new election at any polling
station or every polling station or order for a new process in order to obtain
members of the Senate when there is a reasonable ground to believe that the
election in such polling station or the process to obtain was not in an honest
or fair manner;
(8)
to announce the result of an election of
Members of the House of Representatives, members of the local Councils and
local administrator and results of selection of Members of the Senate and
referendum;
(9)
to submit a request to the Appeal Court or
Regional Appeal Court, as the case may be, for the order of suspension of the
right to vote of candidates for elections who conducts, use, or supports other
to act in contravention with the Organic Law on Election of Members of the
House of Representatives and Obtaining Senators or other laws which renders the
election dishonest and unfair;
(10)
to control the arrangement for referendum or to order a new
arrangement for referendum at any polling station or every polling
station when there is a reasonable ground to believe that casting in the
referendum in such polling station was not in an honest or fair manner;
(11)
to promote and support or coordinate with
State agency or support private organization in providing civic study and
education to the public in relation to democratic regime of government with the
King as Head of State to promote citizenship and political participation of the
citizen;
(12)
to perform other acts as provided by law.
There shall be an annual
assessment of the work of the Election Commission by the National Impact
Assessment Committee and the result shall be notified to the election
Commission and announced to the public as provided by law.
Section 268. The Committee to arrange elections
shall be established and shall consist of: qualified persons appointed by the
Permanent Secretary of the Ministry of Defense, Permanent Secretary of the
Ministry of Agriculture and Cooperatives, Permanent Secretary of the Ministry of
Transportations, Permanent Secretary of the Ministry of Interior, Permanent
Secretary of the Ministry of Education, Permanent Secretary of the Ministry of
Public Health and Commissioner General of the Royal Thai Police, from
government officials of each agency and one from each agency. The Committee
shall undertake the arrangement for election of Members of the House of
Representatives, Members of local Councils and local administrators including
carrying out referendums.
Qualifications, prohibitions,
appointment, vacating of office, powers and duties of the Commission to arrange
elections and other necessary matters shall be in accordance with the Organic
Law on Election Commission. In respect of powers and duties, they shall, at
least, include powers to appoint Committee in the regional level which shall
consist of qualified persons who are not personnel of the State.
In
the case where the is a reasonable ground to believe that a person under
paragraph one or any State official carry out an election or voting in
referendum in a dishonest or unfair manner, the Election Commission may conduct
a disciplinary investigation on such person. If the result of the investigation
appears that there is a prima facie case on the disciplinary
investigation, the Chairperson of the Election Commission shall submit a report
and related documents including the opinion to the Commander of such person in
order to consider the disciplinary penalty in accordance with the offence in
accordance with the resolution of the Election Commission. There shall be no
appointment of disciplinary committee. In considering the disciplinary penalty,
it shall be deemed that the report, document and opinion of the Election
Commission is the disciplinary file of the disciplinary Committee in accordance
with the law, rule or regulation on management of the personnel of an agency or
organisation which such person is under, as the case may be. In this regard, it
shall not affect the criminal legal proceeding against such person.
Section
269. During the period where
the Royal Decree on election of Members of the House of Representatives,
selection of members of the Senate or casting of vote in referendums is
enforced. No Election Commissioner shall be arrested, detained, or summoned by
a warrant for inquiry unless otherwise is permitted by the Election Commission
or he is arrested in flagrante delicto.
In
the case where a member of the Election Commission is arrested in flagrante
delicto, arrested or detained of the Election Commissioner in other
matters, the report shall be submitted to the Chairperson of the Election
Commission without delay and the Chairperson of the Election
Commission may order for a release of the arrested person. However, if the
Chairperson of the Election Commission is arrested or detained, it shall be
powers of the remaining Election Commissioners to execute.
Part 2
The State Audit
Commission and the Auditor-General
Section
270. The State audit shall be
carried out by the State Audit Commission and Auditor-General those are
independent and impartial.
The State
Audit Commission consists of the Chairperson and six other members appointed by
the King, upon the recommendation of the Senate, from persons with apparent
honest, expertise and experience in state audit, accounting, internal audit,
finance or other fields.
The King
shall appoint the Auditor General, upon the recommendation of the Senate, from
persons with apparent honest, expertise and experience in state audit,
accounting, internal audit, finance or other fields.
The rules
on appointment under section 259 paragraph two and paragraph three on the
administration under section 259 paragraph four, the Selective Committee
including means of selection under section 260 (2) and paragraph two, section
261 and section 262, term of office and performance of duties under section 263
paragraph one and paragraph two and selection of persons to replace the
positions under section 265 shall apply, mutatis mutandis, to the State
Audit Commission, Auditor General and Office of the Auditor General as provided
by the Organic Law on State Audit.
Qualifications,
prohibitions and vacating of office of the State Audit Commissioners and
Auditor General including the powers and duties of the State Audit Commission,
Auditor General and Office of the Auditor General and other necessary matters
shall be in accordance with the Organic Law on State Audit which shall at least
contain prohibition of persons who used to be a member of the Committee in a
Constitutional organ that has duty to inspect the exercise of power of the
State to be in the selection process.
The
Chairperson of the State Audit shall have charge and control over the Organic
Law on State Audit.
There shall
be an annual assessment of the work of the State Audit Commission by the
National Impact Assessment Committee and the result shall be notified to the
State Audit Commission and announced to the public as provided by law.
Part 3
National
Counter Corruption Commission
Section
271. The
National Counter Corruption Commission shall consist of nine members appointed
by the King upon the recommendation of the Senate from persons with apparent
honesty with the term of office of nine years as from the date of being
appointed by the King and shall only be in office for one term.
The
rules on appointment under section 259 paragraph two and paragraph three on the
administration under section 259 paragraph four, the Selective Committee
including means of selection under section 260 (2) and paragraph two, section 261 and section 262, term of
office and performance of duties under section 263 paragraph one and paragraph
two and selection of persons to replace the positions under section 265 shall
apply, mutatis mutandis, to the National Counter Corruption Commission
and Office of the National Counter Corruption Commission as provided by the
Organic Law on Prevention and Suppression of Corruption.
Qualifications,
prohibitions and vacating of office of the National Counter Corruption Commissioners
including the powers and duties of the National Counter Corruption Commission
and Office of the National Counter Corruption Commission and other necessary
matters shall be in accordance with the Organic Law on Prevention and
Suppression of Corruption which shall at least contain prohibition of persons
who used to be a member of the Committee in a Constitutional organ that has
duty to inspect the exercise of power of the State to be in the selection
process.
The
Chairperson of the National Counter Corruption Commission shall have charge and
control over the Organic Law on prevention and suppression of corruption.
There
shall be an annual assessment of the work of the State Audit Commission by the
National Impact Assessment Committee and the result shall be notified to the
National Counter Corruption Commission and announced to the public as provided
by law.
Section
272. Members of the House of
Representatives of no less than one-fourth of the total number of the existing
members of the House of Representatives or citizens with the rights to vote of
no less than twenty thousand in number shall have the right to lodge to the
President of the Senate a complaint that any National Counter Corruption
Commissioner has acted unjustly, intentionally violated the Constitution or
laws or there has been a circumstance which is seriously detrimental to the
dignity of the holding of office, in order to request the Senate to pass a
resolution removing him from office.
The
resolution of the Senate removing a National Counter Corruption Commissioner
from office under paragraph one shall be passed by the votes of not less than
three-fourth of the total number of the existing members of the Senate.
Section
273. Members of the House of
Representatives, members of the Senate or members of both Houses of not less
than one-fifth of the total number of the existing members of both House have
the right to lodge to the Supreme Court of Justice’s Criminal Division for
Persons Holding Political Positions an allegation that any National Counter
Corruption Commissioner has become unusually wealthy or has committed an
offence of corruption or malfeasance in office.
The
accused National Counter Corruption Commissioner shall not perform his duties
during the time the Supreme Court of Justice’s Criminal Division for Persons
Holding Political Positions has ordered for the consideration of such
allegation until an acquitted decision has been reached.
In
the case where National Counter Corruption Commissioners are unable to perform
their duties under paragraph two and the remaining Commissioners are less than
one-half of all the Commissioners, the President of the Constitutional Court,
the President of the Supreme Court of Justice, the President of the Supreme
Administrative Court shall hold a meeting to consider appointing persons having
qualification and not be under any of the prohibitions under section 271 to
act pro tempore as National Counter Corruption Commissioners until the
person who has been appointed is able to perform his duty or until a decision
has been granted the Supreme Court of Justice’s Criminal Division for Persons
Holding Political Positions.
Section
274. The National Counter
Corruption Commission shall have the following powers and duties:
(1) to inquire
into facts, summarize the case and prepare opinions in relation to the removal
from office to be submitted to the Senate in accordance with section 254;
(2) to
inquire into facts and to summarize the case including to prepare opinions in
relation to the criminal proceedings of a person holding political positions to
be submitted to the Supreme Court of Justice’s Criminal Division for Persons
Holding Political Positions in accordance with section 256;
(3) to
inquire and decide whether a State official, members of the committees in the
Constitutional Organ with powers and duties to inspect the exercise of State
powers, Auditor General, judges, attorney general officials, official o high
administration level has become unusually wealthy, has committed an offence of
corruption in duties, malfeasance in office or malfeasance in judicial office,
and to inquire and make a ruling to who the principal, instigator or supporter
of the commission of such offence. In this regard, it shall be in accordance
with the Organic Law on Prevention and Suppression of Corruption;
(4) to
inspect the accuracy, actual existence and change of assets and liabilities of
the persons holding positions as provided in the Organic Law on Prevention and
Suppression of Corruption;
(5) to
initiate legal proceedings to the Administrative Court in accordance with the
Organic Law on Prevention and Suppression of Corruption;
(6) to report
the result of the inspection and the performance together with the observations to the Council of Ministers,
House of Representatives and the Senate and publish such report to the public;
(7) to
perform other acts as provided by law
Section 4
The Human Rights Ombudsmen
Section
275. The Human Rights Ombudsmen
consisting of eleven members appointed by the King, upon the recommendation of
the Senate, from persons having apparent integrity and knowledge and experience
in the protection of rights and liberties of the people, the administration of
State’s affairs or activities of common interests of the public with due regard
to the representation from private organizations.
The rules
on appointment under section 259 paragraph two and paragraph three, on the
administration under section 259 paragraph four, term of office and performance
of duties under section 263 paragraph one and paragraph two, and on selection
of persons to replace the positions under section 265 shall apply, mutatis
mutandis, to the Human Rights Ombudsman and Office of the Human Rights
Ombudsman. The selected person shall hold the term of office under section 263
paragraph one as provided by the Organic Law on Human Rights Ombudsman.
Qualifications,
prohibitions and vacating of office of the National Counter Corruption
Commissioners including the powers and duties of the Human Rights Ombudsman and
other necessary matters shall be in accordance with the Organic Law on Human
Rights Ombudsmen which shall at least contain prohibition of persons who used
to be a member of the Committee in a Constitutional organ that has duty to
inspect the exercise of power of the State to be in the selection process.
The
Chairperson of the Human Rights Ombudsmen shall have charge and control of the
execution of the Organic Law on Human Rights Ombudsmen.
The
performance audit of the Human Rights Ombudsmen shall be made annually by the
National Performance Audit Commission.
The performance audit report shall be sent to the Human Rights Ombudsmen
for information and shall also be made known to public in accordance with the
provisions of the law.
Section
276. The Human Rights Ombudsmen
shall have general powers and duties in providing protection to human dignity,
rights, liberties and equality of the people and shall have specific powers and
duties as follows:
(1) to examine and
report the commission or omission of acts which violate human rights
obligations or which do not comply with human rights obligations under
international treaties to which Thailand is a party, and propose appropriate
remedial measures to the person or agency committing or omitting such acts for
taking action;
(2) to consider and
inquire into fact upon the receipt of complaints in the following cases;
(a)
failure to act in compliance with the law or performance beyond the powers and
duties as provided by law of any State official;
(b)
performance of or omission to perform of duties of any State official which
unjustly causes damages to the complainant or the public whether such act is
lawful or not;
(c)
investigate any omission to perform duties or unlawful performance of duties of
the Constitutional organization or agencies in the administration of justice,
except for the trial and adjudication of the Courts;
(3)
to submit cases together with opinions to the Constitutional Court on the
question of the constitutionality of the provisions of any law as prescribed by
the Organic Law on the Constitutional Court and the Rules and Procedure of the
Constitutional Court;
(4)
to submit cases together with opinions to the Administrative Court on the
question that any rule, order or act is detrimental to human rights or on the
question of the constitutionality or legality of the provisions of any rule,
order or act made or done by the person under (2) in accordance with the Act on
the Administrative Court and the Rules and Procedure of the Administrative
Court;
(5)
to bring the case to the Courts of Justice on behalf of the aggrieved upon his
requests if it deems appropriate for the common resolution of human rights
violation problem or for public benefit in accordance with the Organic Law on
Human Rights Ombudsmen;
(6)
to propose policies and recommendations for the revision of any law or rule to
the National Assembly or the Council of Ministers for the promotion and
protection of the rights and liberties of the people;
(7)
to promote education and research on, and the dissemination of knowledge on,
rights and liberties of the people;
(8)
to promote collaboration and coordination among State agencies, private
organizations and any other organizations related to human rights;
(9)
to report to the National Assembly if it appears that a State agency or State
official fails to comply with the proposal of the Human Rights Ombudsmen and to
make such report known to the public. In
this regard, the National Assembly shall consider the report without delay;
(10)
to submit an annual report together with observations to the Council of
Ministers, the House of Representatives and the Senate and to publish such
report to the public;
(11)
other powers and duties as prescribed by law.
The
Human Rights Ombudsmen shall allocate the duties and responsibilities under
this section amongst themselves clearly and distinctly. The matter that requires the joint resolution
of the Human Rights Ombudsmen shall be in accordance with the Organic Law on
Human Rights Ombudsmen.
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