Govt urged to rewrite Internal Security Act

"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.