Page:พรบ ทรมานและสูญหาย ๒๕๖๕.pdf/10

 the Director of the Bureau of Investigation and Legal Affairs, Department of Provincial Administration, or the district chief under section 22, or an administrative official authorised by the Director of the Bureau of Investigation and Legal Affairs, Department of Provincial Administration, or by the district chief;

an inquiry official or special case investigator;

the Commission, a subcommission, or an authority authorised by the Commission;

any other person in the interest of the injured person.

Upon receipt of the petition under paragraph 1, the court shall conduct an ex parte hearing promptly, in which the court has the power to summon any state authority or person to appear and give statement or surrender documents or any other objects for the sake of the hearing, or may also order a state authority to bring before the court the person in the custody.

For the purpose of terminating the alleged act according to section 26 and providing primary remedies for the injury, the court may issue the following order:

the act of torture or cruel, inhuman, or degrading treatment shall be terminated;

the place of custody shall be changed;

the person in the custody shall be allowed to privately meet relatives, attorneys-at-law, or other persons he trusts;

medical treatment, evaluation by forensic physicians and psychiatric physicians certified by the Medical Council of Thailand, production of medical records, and rehabilitation of physical and mental conditions shall be done;

documents, records, or any other information shall be disclosed;

any other appropriate measures shall be designated for the purpose of terminating the act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance, or providing primary remedies for the injury incurred by the injured person.

In the event where the court has considered and found that there is no need for the custody to continue, the court shall order prompt release of the person in the custody.

The court order under paragraph 1 shall be final.

In event that a person held in custody dies, the responsible state authority shall notify the Commission thereof so that [the Commission] would promptly participate in following up and examining the information and facts as to any torture during the custody.