Page:พรบ ทรมานและสูญหาย ๒๕๖๕.pdf/4

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Section11.In a case of an offence of torture according to section 5 or offence of cruel, inhuman, or degrading treatment according to section 6 in which the injured person is unable to file a complaint or denunciation by himself,^[1] or an offence of enforced disappearance according to section 7, the husband of the person subjected to the torture, the cruel, inhuman, or degrading treatment, or the enforced disappearance according to this Act, the wife of such person, an ascendant of such person, a descendant of such person, the person with whom such person cohabits as husband or wife without registered marriage, or the person giving maintenance to or given maintenance by such person, as the case may be,^[2] shall become the injured person under the Criminal Procedure Code also.

Section12.No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of an offence under this Act.^[3]

Section13.No state agency or state authority shall expel, return, or extradite a person to another State, if there are substantial grounds for believing that the person would be in danger of being subjected to torture, to cruel, inhuman, or degrading treatment, or to enforced disappearance.

Chapter 2
Commission for Prevention and Suppression of
Torture and Enforced Disappearance

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Section14.There shall be a commission called the "Commission for Prevention and Suppression of Torture and Enforced Disappearance", consisting of—

(1)the Minister of Justice as president;

(2)the Permanent Secretary for Justice as vice president;

(3)ex officio members, namely, the Permanent Secretary for Defence, the Permanent Secretary for Foreign Affairs, the Permanent Secretary for Interior, the Attorney General, the Commissioner General of the Royal Thai Police, the Director General of the Department of Special Investigation, the President of the Lawyers' Council of Thailand, and the President of the National Press Council of Thailand;

(4)the following members, who are six in number, appointed by the Council of Ministers:

1. Originally, "the injured person is not in the state of being able to complain or denounce by himself".
2. Originally, "the husband, wife, ascendant, descendant, person who cohabits with as husband [or] wife without having registered the marriage, the person maintaining and the person under the maintenance of the person who has been tortured, the person who has been treated in a cruel, inhuman, or degrading manner, or the person who has been caused to be lost in accordance with this Act, as the case may be".
3. Originally, "may not be cited to make the commission of an offence under this Act a lawful action".