Page 99 - รายงานการปฏิบัติตามอนุสัญญาต่อต้านการทรมานและการประติบัติ หรือการลงโทษที่โหดร้ายไร้มนุษยธรรม หรือที่ย่ำยีศักดิ์ศรี
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and direct examination. If the accused is not yet represented by any
counsel for Section 134/1 has not yet been proceeded with, the court
shall, at his request, appoint one for him. The counsel appointed shall be
entitled to the gratuity and outlays according to Section 134/1, paragraph
three, mutatis mutandis.
…..
Section 90 Where any person is alleged to be unlawfully confined in
a criminal case or in any other event, the following persons shall be
entitled to submit a motion to the court empowered to exercise criminal
jurisdiction over such locality for the release of the person in question:
(1) The person in question himself;
(2) The public prosecutor;
(3) The inquiry officer;
(4) The prison governor or official;
(5) The spouse or a relative of the person in question or any other
person for his interest.
Upon receipt of such application, the court shall instantaneously
hold a hearing ex parte. Deeming the motion is well-grounded, the court
shall have the power to, by order, direct the person carrying such
confinement to bring the person in question before it without delay. And
if the person carrying the confinement is unable to satisfy the court that
such confinement is lawful, the court shall, by order, release the person in
question at once.