MODEL LAW ON ESTABLISHMENT OF THE NATIONAL HUMAN RIGHT COURT AND PROCEDURAL HUMAN RIGHTS CASE

Abstract

ABSTRACT

          This research aims at studying the law on the establishment of national human right court and human right procedure in relation to the law structure, principle and reasons for the establishment of human right court and human right procedure, human right court establishment status, human right court jurisdiction, Judges and panels qualification, human right case procedure and the trial system of the human right court. The research is found that the effective human right protection needs to have the human right court and human right case procedure as the special jurisdiction in the constitutional court for the human right protection purpose to be completed in the judicial process by publishing into the prototype law the establishment of human right court and human right case procedure with the systematic structure for the investigation procedure that the court can search for the evidences.  Regarding the judge qualification for the judgement of the human right case it shall be under the competence of the constitutional court by post and the judge transfer system from the court of justice and Administrative Court having the knowledge and know-how on the human right shall be in the heat in gas panel together with the constitutional tribunal as the special case as ordered by the Chief of Supreme Court and the Chief of Administrative Court, as the case may be.  In addition, for the judgement of the human right case to be performed more effectively, the criminal measure should be used in the human right infringement case, regardless of the criminal warrant issuance measure, witness protection, temporary protection or damage remedy, these would have caused the trial of human right case to be more effective.

          The commended that: the law on the establishment of National Human Right Court and human right case procedure should be drafted as the special jurisdiction in the Constitutional Court separately from the constitutional act on the trial procedure of the Constitutional Court, B.E. 2561 (2018) for the trial of the human right case.