In conducting the examination of a human rights violation, the Commission may appoint one or more sub commitee to carry out investigation and making factual inquiry, hearing responding statements of facts and evidence and preparing a report in accordance with the regulation prescribed by the Commission and submit it to the Commission. In this case, the subcommittee shall have the same powers and duties as the Commission, except as provided otherwise by the Commission.
In carrying out the examination of human rights violation, the Commission may appoint an official to assist in the performance thereof.
Section 27. In conducting the examination of human rights violation, the Commission shall, if it deems mediation is possible, mediate between persons or agencies involved to reach an agreement for compromise and solution of the problem of human rights violation. If the parties agree to compromise and solve the problem and the Commission considers the agreement is within the scope of human rights protection, the Commission shall prepare a written agreement for the patties and settle the matter.
If it appears to the Commission thereafter that there is non compliance with the written agreement under paragraph one. the Commission shall further proceed with the examination under its powers and duties.
Section 28. If the Commission is, subject to section 27 and when the examination is completed, of the opinion that there is a commission or omission of acts which violate human rights, the Commission shall prepare a report of the examination which shall specify details of the circumstances of human rights violation. reasons for such opinion and remedial measures for solving human rights violation which shall clearly set forth the legal duties and methods of performance of a person or agency, including the period for implementation of such measures.
In setting forth the remedial measures under paragraph one, the Commission may require a person or agency to perform his or its duties by appropriate methods to prevent a recurrence of similar human rights violation.
In the case the Commission is of the opinion that the said commission or omission of acts does not violate human rights but there is an unjust practice from which the aggrieved person deserves a remedy, the Commission may set forth remedial guidelines and notify a person or agency to appropriately perform reithin the scope of powers and duties of such person or agency.
The Commission shall promptly notify the examination report to the person or agency having duties to perform and to the petitioner in case a petition has been lodged with the Commission.
Section 29. The person or agency shall, upon receiving the examination report under section 28, implement the remedial measures for solving the problem of human rights violation within the period specified by the Commission and shall notify the results of the implementation to the Commission.
In the case where the implementation of the remedial measures for solving the problem of human rights violation cannot be completed within the specified period, the person or agency shall, before the expiration of the previous period, request the Commission for an extension of the implementation period together with reasons and the length of period sought for extension; provided that no request shall be made for an extension of the implementation period more than two times.
Section 30. When the period under section 29 is lapsed, if the person or agency has not implemented the remedial measures for solving the human rights violation or has not completed the implementation without justifiable reasons, the Commission shall report to the Prime Minister to order an implementation of the remedial measures within sixty days as from the date the report is received. In this case, the Commission shall specify, to the Prime Minister, details for the exercise of the legal power in the issuance thereof, except the implementation of such remedial measures is not within the power of the Prime Minister, the Commission shall proceed in accordance with section 28.
Section 31. In the case where no proceeding or order for the implementation of remedial measures for solving the human ht; violation under section 30 has been taken, the Commission shall report to the National Assembly for father proceeding. In reporting to the National Assembly, if the Commission deems it beneficial to the public, the Commission may disseminate to the public the case in which no implementaion of remedial measures solving the human rights violation has been taken.
Section 32. In the performance of duties, the Commission shall have the powers as follows:
(1) to summon a Government agency, State agency or State enterprise to give written statements of facts or opinions concerning the performance of official duty or other duties or to deliver objects, documents or other related evidence or to send a representative to give statements;
(2) to summon a person, juristic person or private ency concerned to give statements or to deliver objects, documents or other related evidence at the date, time and place as specified.
The delivery of a summons shall be made by a registered post with return receipt to the domicile or office of the river. In the case where the delivery by the said mean cannot be made or no action was taken in accordance with the summons within reasonable period, the Commission shall redeliver the summons by the said means or by other means as the Commission deems appropriate;
(3) to request the Court of proper jurisdiction to issue a warrant for entering into a dwelling or any place for the benefits of examining facts or gathering related evid.
Index Page
[1] [2] [3] [4]
|