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“No warrant, and no reporting”

July 9th, 2007 by Andrew Walker · 7 Comments

In recent weeks there has been considerable alarm expressed about Thailand’s moves towards a national security state. Concerns have focussed on the Internal Security Bill which according to the Bangkok Post ”would give sweeping powers to the Internal Security Operations Command (ISOC) to handle ‘new forms of threats’ to the country.” New Mandala is pleased to provide this translation of the bill, prepared by historian and political commentator Chris Baker:

internal-security-bill-translation.pdf

Chris also provides these brief comments on the bill:

1. The bill appears to create an institution or revive an old one (ISOC). That’s an illusion. What it does is give lots of extra powers to the army, especially to the army chief. In the past, the head of ISOC was a separate post with its own secretariat and organization. In this bill, the army chief becomes head of ISOC, his chief of staff heads the secretariat, the regional army chiefs head the branches. The whole point of the bill is to give more powers to the army and especially the army chief.

2 The power are considerable. Look especially at Sections 25 and 26. Section 25 is a subset of the State of Emergency Decree, cut-and-pasted in here. These powers are supposed to be used only in something like an emergency. Section 26 does not have even that condition. These powers can be used all the time. Most need no warrant, and no reporting.

3. There is almost no check or monitor on the use of these powers. The ISOC head reports to the PM, but there is no mechanism for oversight. The regional and provincial committees are nominally given a monitoring role, but they are all appointed by the army anyway.

4. The officials using these powers are insulated from any liability or prosecution, see sections 36 and 37. Again, these clauses are scissored out of the State of Emergency Decree.

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7 responses so far ↓

  • 1 Srithanonchai // Jul 9, 2007 at 3:04 pm

    As Jon Ungpakorn put it: “It is a dangerous bill. It is similar to a permanent declaration of martial law throughout the country.” (Bangkok Post, July 9, 2007)

  • 2 jonfernquest // Jul 9, 2007 at 5:16 pm

    Sounds ominous:

    “In short, this act gives very considerable powers to the army chief. It makes him in many ways more powerful than the prime minister, and not really answerable to anyone. A state above the state.”

    “To understand this legislation, it helps to know the background….”
    http://www.geocities.com/changnoi2/security.htm

  • 3 Taxi Driver // Jul 10, 2007 at 1:05 am

    And who’s to stop this bill being passed? Certainly not the military-appointed & salaried NLA. Even after elections are held, will the new civilian government have the guts to repeal it? I think not. We better hope the military is populated with one khon dee after another, eh?, otherwise we may see Black May part II, the sequel.

  • 4 Srithanonchai // Jul 10, 2007 at 1:28 am

    “new civilian government” > Who knows — maybe, the post-election government will neither be that new nor that civilian?

  • 5 fall // Jul 10, 2007 at 12:37 pm

    Seem like military dictatorship is a trend of the 21 century.
    Quite interesting how people seem to lose all senses on this bill.

    Southern problem partly cause by unlawful oppression of the state. So we make that oppression lawful?
    And Thaksin was shun because of extrajudicial killing, yet the bill suppose to make the killing judicial?

    History have taught that even the righteous was corrupt by power. And in all vain hope, we are to support a bill that will put that power in a hand of some military officer?

    Those who do not learn from history are doomed to repeat it.

  • 6 Security Bill : a thai opinion and an english translation « Thailand Crisis // Jul 11, 2007 at 8:58 am

    [...] And then, a translation in english of this bill (still a draft, not yet voted by the NLA) done by Chris Baker. It’s a PDF document, available on New Mandala. [...]

  • 7 Thailand’s revised Internal Security Act // Oct 19, 2007 at 11:47 am

    [...] Â Chris Baker has prepared a preliminary translation of the revised Internal Security Act and has provided the following comments. Thanks very much Chris! (His comments on the previous version are here.) [...]

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