Page:พรบ ทรมานและสูญหาย ๒๕๖๕.pdf/9

---

(5)the day, time, and place of release of the person in the custody, and the persons who come to receive the person in the custody;

(6)the information about the physical and mental conditions of the person in the custody, both before the custody and before the release; in the event that the person in the custody dies whilst being in the custody, the cause of his death and the place where his body is kept must be specified;

(7)other information designated by the Commission for prevention of torture, cruel, inhuman, or degrading treatment, or enforced disappearance.

Section24.For the benefit of the person in the custody, a person lawfully interested in the access to the information of the person in the custody, such as his relative, representative, or attorney-at-law, or the Commission, a subcommission, or an authority authorised by the Commission has the right to request the responsible state authority to disclose the information about the person in custody according to section 23.

If the state authority refuses to disclose the information about the person in custody, the requestor has the right to file with the court of the area where he is domiciled, the Criminal Court, or the provincial court of the locality believed to be the place where the act of torture occurs, the act of cruel, inhuman, or degrading treatment happens, or the person subjected to the enforced disappearance was last found, as the case may be, a petition for a court order mandating the disclosure of the said information.

The court has the power to order the state authority under paragraph 1 to disclose to the requestor the information about the person in the custody according to section 23. In the event that the court orders rejecting the disclosure of the information, the requestor may file an appeal with an appellate court. The order of the appellate court shall be final.

Section25.The responsible state authority or court may refuse to disclose the information as to the person who is in the custody according to section 23, if such person is being under the protection of the law as a subject of the jurisdiction of the court and such disclosure would violate the privacy of or would give an adverse outcome to a person or would offer obstruction to the inquiry or investigation into the criminal case.

Section26.When there is an allegation that anyone is being subjected to an act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance, the following persons shall have the right to file with the local court with criminal jurisdiction a petition for an order mandating instant termination of such act:

(1)the injured person or the interested persons according to section 24;

(2)a public prosecutor;