The Office of the National Human Rights Commission
Section 17. There shall be the Office of the National Human Rights Commission having the status of a Government agency attached to the National Assembly under the law on the organisation of the National Assembly and shall be under the supervision of the President.
Section 18. The Office of the National Human Rights Commission has the responsibility in the general affairs of the Commission and shall have the powers and duties as follows:
(1) to be responsible for the adminstrative works of the Commission;
(2) to receive petition of human rights violation and submit it to the Commission and to investigate or examine matters which are petitioned as entrusted by the Commission;
(3) to conduct study on and promote education and the dissemination of knowledge in the field of human rights;
(4) to co operate with Government agencies, private organisations or any other organisations in the field of human rights for the purpose of protecting human rights;
(5) to carry out any other performance as entrusted by the Commission.
Section 19. Officials of the Office of the the National Ilum:m 1ti_hts Commission shall be ordinary officials of the ational Assembly under the law on parliamentary official service.
The powers and duties of the Parliamentary Official Service Commission shall be the powers and duties of the Commission and the President shall be in charge of the administration of the affairs and personnel administration of officials of the Office of the National Human Rights Commission under the law on the organisation of the National Assembly and the law on parliamentary official service.
Section 20. The Office of the National Human Rights Commission shall have the Secretary General of the National Human Rights Commission who is responsible for the performance of duties of the Office of the National Human Rights Commission, directly answerable to the President and who is the superior of officials and employees of the Office of the National Human Rights Commission. There shall also be Deputy Secretary General of the National Human Rights Commission to assist the SecretaryGeneral in the performance of duties.
Section 21. The Office of the National Human Rights Commission shall, with the consent of the Commission, submit an estimated annual budget to the Council of Ministers via the President of the National Assembly for its consideration of appropriate budgets, adequate for the independent administration of the Commission, in an annual appropriations bill or supplementary .appropriations bill, as the case may be. In this matter, the Council of Ministers, the House of Representatives, the Senate or the Standing Committees may, if requested by the President, allow the President or the persons entrusted by the President to give explanations.
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 judgement.
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 arc causes of the commision 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 elation issued by the Commission.
The petition shall be submitted at the Office of the ., iional 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 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
ijou f ication 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 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 stage 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.