LEGAL GUIDELINES FOR THE OFFENCES AGAINST LIBERTY OR RIGHT SUBJECT TO CONSTITUTION

Abstract

The purpose of this thesis is to study problems and obstacles in prosecuting human rights violation cases under Section 7 (11) of the Organic Act on the Procedures of the Constitutional Court B.E. 2561 (2018). To be clearer, it would be better for the exercise of rights and liberties of the people in bringing cases to the Constitutional Court as a procedural law leading to the rights and liberties provided in the Constitution of the Kingdom of Thailand, B.E. 2560 and the substantive law that guarantees rights and liberties. Therefore, it will complete the process of protecting human rights that must have a law certifying rights and liberties as a substantive law and the law leading to that right, that is, the method law. Legislation or procedural legislation can therefore be regarded as a complete process in ensuring the rights and liberties of the people effectively and reducing problems and obstacles in litigation.

            The study found that Type of case or object of human rights violation in a criminal case Type of case or object of human rights violation in a criminal case It is a case where there is an offense that uses criminal measures as the main prosecution and punishment of the defendant. And the aforementioned cases are murders in a cruel manner to those who are in force and cannot use their defense powers. But it appeared that there was no human rights violation in the prosecution. Because based mainly on the consideration of the Criminal Code As for killing in a cruel manner or with special intentions other than those specified in the Criminal Code as intended only for the purpose or foreseeing the effect. But this type of killing is a kind of killing that kills to destroy evidence against a person who has no opportunity to have legal rights. And the person who committed the killing was directly responsible and was assigned by the commander as a government official whose duty was to resolve the atrocities against illegal immigrants. In addition, these people, although they are aliens, are protected as citizens with basic rights guaranteed in the 2017 Constitution of the Kingdom of Thailand, Article 4, which guarantees human dignity, rights and liberties. and equality of persons shall be protected.

            The type of case or object of the case that violates human rights in the administration An analysis of the above case studies found that it was a case of a government agency or a government official acting in accordance with their duties but it violated the human rights of the people, which was considered a misconduct. to revoke administrative contracts made with private companies which the Administrative Court ruled only on the part of the revocation of the administrative order But the issue of human rights as affirmed in the constitution in the case of using human beings as goods or transported goods or degrading human beings like goods or goods is a human rights violation. or in the case of abduction, murder or disappearance Or the case of brutal killing or the case of the Rohingya cemetery is the case that brings the issue of killing under the Criminal Code. violation of human rights

            Type of case or subject of human rights violations in civil and international cases The protection of human rights in international affairs plays a significant role in the development of Thailand's law because Thailand has adopted various approaches. And the form of human rights protection is stipulated in the laws of Thailand, especially the principles set out by the United Nations that Thailand is obligated to comply with as a member country. There are 9 copies in total, which Thailand has an obligation to comply with the criteria mentioned above. And Thailand has brought obligations to improve many laws, such as measures for investigating cases of children under the Criminal Procedure Code that must comply with the Convention on the Rights of the Child (CRC) or legislation. Protection of Persons with Disabilities Thailand has an obligation to comply with the Convention on the Rights of the Persons with Disabilities: CRPD. Recognized and played a role in politics and society on a global scale. Whether it's a LGBTQ+ group or "gender equality" which gives equal roles for men and women, which is a "fundamental right" (Fundamental Rights) that everyone is equal before the law. however Can't deny that too. “Free will” is still restricted in many places. of all over the world This is in line with the intention set out in the Universal Declaration of Human Rights for all states to develop laws to protect human rights with equal standards.