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Published on October 20, 2007

Government whips yesterday sent back the draft Internal Security Bill for rewriting after reaching a unanimous decision that certain provisions were "too strong a medicine to treat security problems".

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

Kamloonthep said although the draft was designed in the right direction - to pre-empt problems and ensure a uniform approach to dealing with security issues - many provisions still infringed without justification on human rights.

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

He pledged that there would be legislative debate on the draft as soon as the government completes toning down the provisions impacting on basic rights and removes the clause on 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 the next step on the draft legislation.

Commenting on the all-encompassing immunity for security officials, Meechai said that regardless of whether such a clause were included, individual officers could not be sued if they have carried out the 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 Com-mand, he said.

In other words, the litigation should be directed at

agencies and not officers, he added.

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

Supon Thanukrit

 The Nation