วันอังคารที่ 21 เมษายน พ.ศ. 2558

1st Draft of the Constitution of the Kingdom of Thailand - BOOK III

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.

N.B. As of April 17, 2015.

©2015 Pakorn Nilprapunt, Chintapun Dungsubutra, Vareerat Ratanaviboonsom and Natthanicha Aneksomboonphol, Office of the Council of State of Thailand <personal copyright>

Remark: This translation has been made within timely limit so as to portray the draft Constitution to foreigners. Any reference shall be made to Thai version.


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