ISA - rewrite call

[GWR]

A state at war with its people
The Internal Security Act which the junta wants to pass is the key measure to re-establish the Army as a government within government.


On first appearance, the law seems to set up a new organisation, or at least revive an old one (the Internal Security Operations Command, ISOC, which was originally formed to combat communism and had faded into the background in recent years). But this is an illusion. What the law does is give massive new powers to the Army chief. In the past, the directorship of ISOC was a stand-alone post with its own secretariat and organisation. In this law, the army chief automatically becomes head of ISOC. The chief of the Army general staff heads up the ISOC secretariat. The regional Army chiefs become the ISOC regional heads. The whole point of the bill is to give more powers to the Army and especially the chief.


And these powers are considerable. Arrest. Detention. Search. Curfew. Confinement to a house. Blocking roads. Seizing and confiscating anything. Banning meetings, gatherings, entertainment and publicity. Demanding documents and other evidence. In most cases, no warrants or authorisation are required. Even when they are, these can be dispensed with "in case of emergency". Under one extraordinary clause, an authorised official can tell anybody to do anything. This act creates a pervasive and permanent state of semi-martial law.


These powers can supposedly be invoked only to prevent or resolve threats to internal security. But the definition of internal security is very broad. It includes violent acts, but also "propaganda" or "publicity". We know from experience that those in power tend to equate any opposition to themselves as threats to national security. A year ago Thaksin was making claims of that nature. Only a few months later some soldiers growled that remarks about Sonthi's marital circumstances or Surayud's holiday accommodation were threats to national security.


In the bill draft, there is no real monitor or check on the use of this wide-ranging authority. The army head exercises these powers in his own right, not as the agent of the prime minister. The act specifies that he reports directly to the prime minister but there is no mechanism provided for the prime minister or Cabinet to exercise any oversight. The act sets up committees to oversee ISOC at the national, regional, and provincial level, but these committees are largely appointed by the Army.


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 answerable to anyone. A state above the state.


To understand this legislation, it helps to know the background. The Army began campaigning for this law in February 1998 when the Chuan government announced it would repeal the tired old Anti-Communist Act of 1952 (the repeal was completed in June 2001). The Army argued that it would need a new legal basis to operate after this old act lapsed. This is very telling. For what exactly did the Army need a new legal basis to operate?


The Anti-Communist Act was passed in a context of war, the so-called Cold War which, outside the rich countries, was not "cold" at all. In that era, the Army and the rebels saw one another as enemies, and fought pitched battles. All today's top brass (Sonthi, Surayud, Vinai, Saprang, Anupong) took part in this conflict during the formative period of their lives. This new draft insecurity law is a direct descendant of the Anti-Communist Act. It is littered with some of the characteristic vocabulary of the Cold War era. It talks about unity (samakkhi), peace and order (khwam sangop riaproi), uniting the power of the masses, and protecting nation, religion, and King. The mindset is very clear.


The new Act is not needed to deal with the deep South. The State of Emergency Decree passed in 2005 was designed for that and is still being used for that purpose, That emergency decree could also be used against terrorism or drug trafficking. The whole point about this act is that it is always in force and everywhere in force, pervasive and permanent.


There is another telling sign. The draft of the bill is very sloppy. The language is inconsistent. Typos abound. Several sections are a big muddle. One amazing clause appears to require anyone thinking of starting an illegal business to keep proper personnel records. The draft has all the signs of being a hasty cut-and-paste job from old sources. Several clauses have been scissored out of the State of Emergency Decree introduced two years ago. In short, it looks like a back-of-the-envelope job by the junta's legal hitmen.


This makes one speculate why the junta recently added sixty days to its potential time in power. This extra time is not really needed to complete all the legislation for a new election. Correcting the old organic laws should consume a long afternoon at most. No, one suspects that the junta needs extra time to pass this internal security law and maybe some others.


And what does that tell us? It tells us that the junta knows it's at war; that having martyred a popular political leader and martyred a popular political party, it may now be facing a considerable enemy; that the Army cannot afford to "restore democracy" the way it wants without equipping itself with very impressive powers to use against its enemies within the society. Last September, the coup-makers talked a lot about reconciliation. Probably they got the word wrong. They must have meant capitulation, surrender.

Chang noi


http://www.nationmultimedia.com/2007/07/09/opinion/opinion_30039905.php

From the Prachatai website, an unofficial translation of the draft ISA:

http://www.prachatai.com/english/news.php?id=67

Unofficial translation of the draft ISA provided by Chris Baker on New Mandala:

http://rspas.anu.edu.au/rmap/newmandala/wp-content/uploads/2007/07/internal-security-bill-translation.pdf

NGO statements on the draft ISA:

http://www.prachatai.com/english/news.php?id=68

http://www.prachatai.com/english/news.php?id=79

[jpatokal]

Malaysia and Singapore both have ISAs as a legacy from the British days, and they've both egregiously abused them. Pointer to Wikipedia:

http://en.wikipedia.org/wiki/Internal_Security_Act

And one guy who was detained for 32 years without charge (!) under the ISA in Singapore:

http://en.wikipedia.org/wiki/Chia_Thye_Poh

Guy's got backbone though: he refused to sign statements renouncing violence and membership in the Malayan Communist Party, because he had never advocated violence or been a member. :eek:

[GWR]

Govt to hold hearing on Internal Security Bill

Prime Minister Surayud Chulanont said the government would hold a forum on the Internal Security Bill and other controversial legislation, including the Royal Thai Police Reform Bill.

The government will seek advice on the forum from the National Economic and Social Advisory Council.

The Nation

http://www.nationmultimedia.com/breakingnews/read.php?newsid=30040742

14 July 2007
Interior Minister states internal security bill could still be amended
The Interior Minister, Mr. Aree Wongaraya, says the internal security bill could still be amended even though the Cabinet has already approved it.

There have been criticisms that the bill would authorize absolute power to the Internal Security Operations Command (ISOC) Director and such authorization would violate human rights. However, Mr. Aree says the Office of the Council of State will consider this issue and make amendments, if necessary.

Mr. Aree says the Ministry of Interior will propose some additional opinions on this bill to the Office of the Council of State. Nevertheless, he believes the Office of the Council of State will find a solution to the problem. He further says people’s rights and liberties must be taken into account during the consideration.

The Interior Minister however refuses to comment whether the bill would increase power of the ISOC Director.
Reporter : RTI-Reporter01

http://thainews.prd.go.th/newsenglish/previewnews.php?news_id=255007140015

[GWR]

Govt open to debate on security legislation

The government is ready to organise a forum for rival camps to thrash out differences regarding draft legislation on internal security and another legislative package on police restructuring, Prime Minister Surayud Chulanont said yesterday.Published on July 14, 2007

"I have talked to Gothom Arya about the government or his National Economic and Social Advisory Council sponsoring the forum to air differing views," he said.

Surayud said every draconian provision in the internal security bill could be discussed and revised to safeguard society and serve the majority of the people.

"I want to remind relevant parties that any government-sponsored bill can be revised and that outright rejection of a bill might be too negative a stand and unjustifiable," he said, pleading for opponents to work for a compromise.

He said he was willing to sanction a forum in any format, including a public hearing.

Justice Ministry permanent secretary Charan Pakdithana-kul said human-rights advocates and security officials should strive to find a balance between protecting the country and ensuring rights and liberties.

"Too-tight security measures could lead to a stressful situation for the populace, while liberties without any restraints might trigger anarchy," he said.

Three human-rights advocates petitioned Surayud to postpone the deliberation on the draft internal security bill until all parties concerned have a chance to vet it and suggest alternative provisions.

The advocates are Somchai Homla-or from the Asian Forum for Human Rights and Development, Kraisak Chonhavan from the Human Rights Campaign and Jon Ungphakorn, a coordinator for non-governmental organisations.

Representatives from media professionals filed a similar petition asking for the government to suspend the draft bill. The media group on Thursday issued a statement calling for this.

Chat Thai Party leader Banharn Silapa-archa said he had not studied the draft provisions.

"I think the draft is being vetted in the Council of State and has not been forwarded for legislative deliberation," he said.

Banharn said he believed the draft was designed to streamline security measures and not to condone an Army chief usurping an elected government from power.

"In Thai politics coups can happen from time to time and there is no need to enact special legislation," he added.

Piyanart Srivalo, Hassaya Chartmontri
The Nation


http://www.nationmultimedia.com/2007/07/14/headlines/headlines_30040828.php

Barnharn's comments seem to indicate that he doesn't really have a clue what the hell's going on. He always comes across as a bit of a dimwit. I remember watching a Thai language documentary about his family life back when he was PM. It seems that the most serious thing to happen in the Silapa-Archa household during the filming was the little big man running round tickling his daughter Kanchana for a laugh.

[ncr]

"In Thai politics coups can happen from time to time and there is no need to enact special legislation," he added.Let's go back to soap operas and gameshows then!

Barnharn's comments seem to indicate that he doesn't really have a clue what the hell's going on. He always comes across as a bit of a dimwit.Isn't that already Chaovalit's part (phom mai ruu; mai nae-norn)? :rolleyes:

[ncr]

Let's call him Barney. (Isn't there a striking resemblance?)

http://www.johnrozum.com/images/barney-rubble.jpg

[GWR]

http://upload.wikimedia.org/wikipedia/en/c/ce/Betty.gif

Does Betty Rubble remind you of Jumsai Silapa-Archa? Although not surprisingly, Betty also looks surprisingly like the daughter Kanchana Silapa-Archa.

(If we're very lucky, Khun Wisaruth will remind us of the story of why Kanchana has remained an old maid.)

But the real question this poses is who resembles
Fred & Wilma Flintstone?

General Chavalit looks a bit like Mr Slate, the quarry manager:

http://upload.wikimedia.org/wikipedia/en/5/5d/MrSlate.gif

If anything, Fred Flintstone looks rather like Chalerm Yoobamrung:

http://upload.wikimedia.org/wikipedia/en/thumb/e/e0/Fred_flintstone.jpg/150px-Fred_flintstone.jpg

[GWR]

As provided by New Mandala at:
http://rspas.anu.edu.au/rmap/newmandala/

Chris Baker has prepared a preliminary translation of the revised Internal Security Act and has provided the following comments.

http://rspas.anu.edu.au/rmap/newmandala/wp-content/uploads/2007/10/internalsecurityactdrafttranslation18oct07.pdf

Internal Security Act
Draft revised by the Council of State and adopted by the Cabinet on 16 October 2007.
[Thai text (missing a few clauses) as published in Matichon, 18 October 2007]

Chapter 1

Section 5. There shall be an Internal Security Operations Command, known in short as ISOC, within the Prime Minister’s Office with power and responsibility for maintaining internal security.

ISOC shall have the status of a special government agency under the direct command of the Prime Minister. The administration, management, structure and division of work, and the powers of units inside ISOC shall be determined by the Cabinet. The Prime Minister in his status as head of government shall be the Director of Internal Security, and the Commander-in-Chief of the Army shall be Deputy Director.

In execution of duty and exercise of power under this Act, the Director may assign his power in writing to the Deputy Director to execute the power on his behalf.

The Director shall have power to undertake juristic acts, prosecute or defend lawsuits, and perform any actions in connection with lawsuits which are related to the duty of the Internal Security Operations Command, acting in the name of the Prime Minister’s Office.

Section 6. ISOC shall have powers and duties as follows:
(1) to monitor, investigate, and evaluate situations which may give rise to a threat to internal security, and report to the Cabinet to consider for further action;
(2) to direct the maintenance of internal security on matters assigned by the Cabinet or National Security Council; in such matters, ISOC shall have the power and duty to propose a plan and directions for operation and implementation for the Cabinet to consider and approve; when the Cabinet has given approval, government agencies shall follow this plan and directions;
(3) to direct, coordinate, and support the activity of government agencies in operations
related to implementation under (2); the Cabinet may also assign ISOC the power to oversee implementation by government agencies as determined by Cabinet;
(4) to encourage people to be aware of their duty in upholding nation, religion, and king; to build love and unity among people in the nation; as well as to promote popular participation in preventing and overcoming various problems which affect internal security and social peace and order.
Section 7
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Section 8
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Section 9. There shall be an Internal Security Operations Board composed of the Prime Minister or a Deputy Prime Minister assigned by the Prime Minister as Chairman; the Minister of Defence and Minister of Interior as Deputy Chairmen; Minister of Justice, Minister of Information and Communications Technology, the Permanent Secretary of the Ministry of Interior, Secretary of the National Security Council, Secretary of the Civil Service Commission, Secretary of the Public Sector Development Commission, Director
of the National Intelligence Agency, Director of the Budget Bureau, the Comptroller General, Director of the Department of Special Investigations, Supreme Commander, Commander-in-Chief of the Army, Commander-in-Chief of the Navy, Commander-in-Chief of the Air Force, Commissioner General of Police, and the Attorney-General as members; the Secretary of the National Security Council as member and secretary; and no more than two government officials within ISOC appointed by the Director as deputy secretaries.

The Board shall have the power to oversee, offer consultation, and make proposals to ISOC on operations under the power of ISOC, including the following powers and responsibilities:
(1) to prescribe procedures for the direction and coordination of government agencies
related to the maintenance of internal security;
(2) to prescribe procedures for the activity of ISOC, regional ISOCs, and provincial ISOCs;
(3) to issue regulations concerning budget, financing, properties, and the management of the assets of ISOC;
(4) to appoint committees or working groups to exercise duty as assigned;
(5) to undertake other duties as laid down in this Act or other laws.

Section 10. When there is necessity for the sake of internal security within the territory of any army region, the Board on the proposal of the Director may take a resolution for the regional army to establish a Regional Internal Security Operations Command, known in short as RISOC.

A RISOC shall report directly to ISOC; the commander of the regional army shall be the regional director of internal security with duty and responsibility to support the maintenance of internal security within the territory of responsibility of the regional army, as the Director assigns.

To facilitate the work of a RISOC, the Director has the power to appoint government officials and employees of the regional army, including government officials and employees of government agencies within the territory, to work regularly or temporarily in a RISOC, as proposed by the director of a RISOC; the provisions of clause 8 shall govern the orders of the Director in this case, mutatis mutandis.

The director of a RISOC shall have command over government officials and employees who have been ordered to work within RISOC, and shall take responsibility for the implementation of the work of RISOC.

The structure, division of powers and duties, staffing levels, and management of workingunits within a RISOC shall be determined by the Director following proposals by the director of RISOC.

ISOC and the regional army shall give support with personnel, budget, and assets for the execution of duty by a RISOC on the request of the director of RISOC.

Section 11. To facilitate participation in overcoming problems or protecting against threats that arise, the director of a RISOC shall establish a RISOC advisory board consisting of a chairman and members numbering no fewer than 25 and no more than 50 persons accepted and trusted by the people in all parts of the territory with duty to propose solutions to problems or prevention of threats that arise, and to give consultation on any matter requested by the director of RISOC.

Section 12. To facilitate the support, assistance, and execution of duty of the director of a RISOC under clause 10, the director of RISOC with the approval of the Minister and the Director may establish a Provincial Internal Security Operations Command, known in short as PISOC, in any province within the territory of the regional army as a unit reporting directly to RISOC, with the provincial governor as the provincial director of internal security.

Section 13. To promote participation in overcoming problems or guarding against threats that arise, the director of a PISOC shall establish an advisory board consisting of a chairman and members numbering no fewer than 15 and no more 30, appointed from persons accepted and trusted by the population in all parts of the territory with duty to propose solutions to problems or prevention of threats that arise, and to give consultation on any matter requested by the director of PISOC.

Chapter 2 & 3 in next post.

[GWR]

As provided by New Mandala at:
http://rspas.anu.edu.au/rmap/newmandala/

Chris Baker has prepared a preliminary translation of the revised Internal Security Act and has provided the following comments.

http://rspas.anu.edu.au/rmap/newmandala/wp-content/uploads/2007/10/internalsecurityactdrafttranslation18oct07.pdfChap ter 1 in previous post.

Chapter 2

Section 14. Should any matter arise which affects internal security but which does not yet require the declaration of a state of emergency under the Act on Government Administration in a State of Emergency, and this matter has a tendency to persist for a long time, and falls under the power and responsibility for solving problems of several government agencies, the Cabinet shall pass a resolution for ISOC to take responsibility for prevention, suppression, and eradication or mitigation of this matter which affects internal security, within an assigned area, and shall make a general announcement of this fact.

In the event that the matter in paragraph 1 subsides or can be overcome within the powers of the government agencies which have normal responsibility, the prime minister shall declare that the powers of ISOC as assigned under paragraph 1 are revoked.

Section 15. In implementation under clause 14, ISOC shall also have powers and duties as follows:
(1) to prevent, suppress, eradicate, and overcome or mitigate the matter that affects internal security as assigned under paragraph 14;
(2) to draw up a plan of execution according to (1) to be proposed to the Board for approval;
(3) to oversee, follow up, and expedite relevant government agencies and government officials to implement or coordinate implementation according to the plan in (2);
(4) to order that any government official whose behavior is a threat to internal security or an obstruction to the maintenance of internal security, be excluded from a designated area.

In drawing up a plan under (2), ISOC shall meet to consult with the National Security Council and relevant government agencies.

In the event of an order under (4), ISOC shall inform the government agency to which the government official belongs along with the reason, and shall have the government official report to the government agency to which that official belongs as soon as possible. The officials of the government agency to which that official belongs shall issue an order for that official to be relieved of official duties or relieved from the implementation of official duties in the area as prescribed in the aforesaid order.

Section 16. In the event of a need to overcome problems affecting internal security in any area, the Director with the approval of the Board shall have the power to establish one or more centers of special operations.

Section 17. To facilitate the prevention, suppression, eradication, and solution or mitigation of a matter under Section 14, the Director with the approval of the Cabinet shall have the power to issue regulations as follows:
(1) to have relevant government officials implement any action, or withhold the implementation of any action;
(2) to prohibit entry or exit at a building or designated area unless with permission from government officials or unless a person is granted an exemption;
(3) to prohibit exit from dwelling places within a designated time;
(4) to prohibit meetings or gathering in public places when it appears that those meetings or gatherings will create inconvenience for the people using that public place, and may give rise to public disorder;
(5) to prohibit the carrying of weapons outside dwelling places;
(6) to prohibit the use of communication routes or vehicles or to impose conditions on the use of communication routes or vehicles;
(7) to order persons to undertake or cease any action in connection with electronic equipment to guard against danger to life, limb, or property.

Section 18. In the execution of powers under Section 15(1), the Director and any official designated by the Director shall be an investigating officer according to the Code of Procedure for Criminal Investigation, but the execution of power in the aforesaid capacity shall conform to agreement between ISOC and the National Police Commission.

Section 19. Within the area assigned for ISOC operations under a Cabinet resolution in Section 14, if an investigating officer believes that any accused person has committed an offence which affects internal security as designated by Cabinet by mistake or out of ignorance, and that granting the suspect the opportunity to reform will be of benefit to themaintenance of internal security, the investigating officer shall submit records about that
accused along with his opinion to the Director.

If the Director concurs with the opinion of the investigating officer, the Director shall send the aforesaid accused to undergo training at a designated place for a period not exceeding 6 months and under any other conditions designated in place of court proceedings, according to principles, methods, and conditions designated by the Cabinet.

The procedure under paragraph 2 may be carried out only when the accused agrees to undergo training and abide by the aforesaid conditions. When the accused has undergone training and fulfilled all the conditions, the investigating officer shall submit the matter to the public prosecutor who shall issue an order not to proceed with the case, and when the judicial official has issued the order not to proceed with the case, the accused cannot recharged again for the same offence.

Section 20. Should the execution of power by ISOC under Section 15(1) result in loss for any innocent person, ISOC shall arrange for that person to receive compensation for the loss appropriate to the case according to principles and conditions designated by the Cabinet.

Section 21. Officials exercising their duties within an area designated under Section 14 may receive special remuneration as designated by the Cabinet.
Any official under paragraph 1 who suffers injury, death, disability, or loss of body parts as a result of the execution of duty may receive other benefits apart from those provided by law in accordance with regulations decided by the Cabinet.

Section 22. Regulations, notifications, orders and actions under this Act are not subject to the law on administrative procedures, or the law on the establishment of the Administrative Court and procedure for administrative cases.

Section 23. In the execution of duty under this act, an official is not subject to civil, criminal, or disciplinary liability if that official is acting under orders of a superior officer and has reasonable cause to believe that the order falls within the law and the action is appropriate to the cause but with no abrogation of the rights of any person who suffers loss to petition for compensation from government according to the law on liability of
officials for wrongful acts.

The content of paragraph 1 applies to persons who assist officials under the order of officials under this act, mutatis mutandis.

Chapter 3

Section 24. Any person who violates a regulation issued under sections 17 (2), (3), (4), (5), (6) or (7) is liable to imprisonment not exceeding 1 year, or a fine not exceeding 20,000 baht, or both.

Special provisions

Section 25. The activities, property, budget, debts, rights, government officials, employees, and personnel of the Internal Security Operations Command according to the order of the Prime Minister’s Office 205/2006 concerning the establishment of the Internal Security Operations Command, dated 30 October 2006 shall be transferred to the Internal Security Operations Command under this Act.

Section 26. The Southern Border Provinces Administration Center and the Joint Civilian-Police-Military Command established by the order of the Prime Minister’s Office 207/2006 concerning government administration in the southern border provinces.

Dated
30 October
http://rspas.anu.edu.au/rmap/newmandala/wp-content/uploads/2007/10/internalsecurityactdrafttranslation18oct07.pdf

[GWR]

POLITICS
Govt urged to rewrite Internal Security Act
Government whips on Friday sent back the draft of Internal Security Act for rewrite after reaching a unanimous decision that certain provisions were "too strong a medicine to treat security maladies".

"The government should take another look at draft provisions because the people's basic rights and freedom should be a top priority," whip leader Kamloonthep Devakula said.

Kamloonthep said although the draft was designed in a right direction to preempt problems and ensure a uniformed approach to deal with security issues, many provisions still infringed on human rights without justification.

Whips were particularly concerned about provisions such as the searching without warrants, the immunity from civil, criminal and administrative prosecution and disciplinary proceedings, he said.

He pledged for the legislative debate on the draft as soon as the government completes toning down the provisions impacting on basic rights and removing the immunity.

National Legislative Assembly Speaker Meechai Ruchuphan said the whips were appointed by the government, therefore it was up to the executive branch to decide a next step about the draft.

Commenting on the encompassing immunity for security officials, Meechai said regardless of inclusion or exclusion of such clause, individual officers are not liable to be sued if they have carried out legally-sanctioned orders of their superiors.

Under existing laws, victims can demand compensation and accountability for wrongful action from agencies concerned, including the Internal Security Operations Command, he said. In other words, the litigations should be directed at agencies and not officers, he added.

He said the draft was not designed to curtail the right to litigate as alleged, adding that the exemption for Internal Security Operations Command from the jurisdiction of Administrative Courts did not rule out judicial reviews on criminal and civil cases.

Meanwhile, the National Human Rights Commission issued a statement Friday calling on the government to cancel a plan to enact the Internal Security Act, citing inappropriate circumstances to rush a key legislation during the leadup to the December 23 election.

"With the election looming, it is inappropriate to push for the passage of a legislative draft that has farreaching implications on human rights," NHRC chairman Saneh Chamarik said.

Saneh said the draft, even in its revised version, had many provisions infringing on human rights and key clauses of the 2007 Constitution.

The draft provisions grant immunity for security officials and soldiers that is contrary to the system of checks and balances in which the judiciary should be allowed to rule on the dispensing of the executive power, he said.

"The immunity, if approved, will allow the Internal Security Operations Command and its overseeing committee to be above the rule of law," he said.

The National Legislative Assembly should not debate on the draft until an elected government would have a chance to scrutinise it, he said.

NHRC member Vasant Panich said should the draft be enacted inspite of opposition, he might petition the Constitution Court to nullify it on grounds of violating basic rights enshrined by charter provisions.

http://www.nationmultimedia.com/2007/10/19/politics/politics_30053109.php