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Published on November 22, 2007

Debate over the Internal Security Bill should focus on ensuring a balance between security and human rights and freedoms, Supreme Administrative Court president Ackaratorn Chularat said yesterday.

He implied that a clause in the proposed law limiting Administrative Court powers would strip the country of a characteristic of legal states - that administrative actions can be subject to judicial review.

"It should not be about having or not having [such a law]. What we need are good measures and mechanisms in the law acceptable to both sides," Ackaratorn said.

"There should be mechanisms in the law to deal with people who pose security threats and also to ensure that human rights are protected. The measures must be acceptable to both sides and do not go to extremes in any way," he said.

For example, the period of detention without a court-approved warrant for a suspect should be limited, and the official who orders an arrest without a warrant should be held responsible if anything goes wrong.

Ackaratorn said security and rights and freedoms were equally important. "You can't choose to go for security one day and human rights another. Both should be present at all times. But you should make sure they are under the law."

Despite heavy opposition from rights activists, the controversial bill passed its first reading with overwhelming support in the National Legislative Assembly two weeks ago.

It is in committee at present and will go back to the Assembly for its final readings soon.

The bill states any provision in the proposed internal security law, or order or action carried out under it, is exempt from Administrative Court authority.

Ackaratorn said a key characteristic of legal states was that administrative actions were subject to judicial review.

He said there were instances of other countries adopting similar laws where certain provisions were later rescinded by a high court.

Ackaratorn said he was not sure whether any of the 111 banned former Thai Rak Thai executives - whose party was disbanded by Constitution Tribunal order in May - would take their case to court after being banned by the Election Commission from campaigning.

"It's up to them what they are going to complain about. Maybe they are not coming to either the Administrative Court or the Constitution Court. We have to wait and see what they are doing with that dispute," said Ackaratorn, who also serves as vice president of the Constitution Tribunal.

"To my knowledge I don't think the commission has ordered anything, just given a suggestion or recommendation or answered questions," he said.

Ackaratorn, president of the International Association of Supreme Administrative Jurisdictions, will chair its congress, opening in Bangkok today. It is the first time it has been held in Asia. The association meets every three years. Heads of administrative courts and delegations from association member organisations from 50 countries are attending.

This year the focus is the status of administrative judges. A new president will be elected.

On Friday, delegation leaders led by Ackaratorn will meet His Majesty the King.

Ackaratorn said his congress address would include His Majesty's advice about judicial courage and integrity.

 Kittipong Thavevong,

 Kornchanok Raksaseri

 The Nation