December 7, 2004
It was not a moment too soon that the government rejected suggestions for
a special security law for southern provinces wracked by violence this year.
It was a bad idea. There is one law for all, and everyone is obliged to obey
it. Indeed, southern extremists would have exploited any special law to
claim that the government treats southern citizens differently and worse
from the rest. Laws must apply to all, and there are no special laws for
certain regions or groups.
This is not to say that the current situation in the South is normal. Since
the start of the year, violence has killed an estimated 500 Thais in the
three provinces of Yala, Narathiwat and Pattani. Extremists have stolen
arms, tried to organise revolt, and murdered in order to further their
attempts to fan both racial and religious hatred. Clearly, special actions
and a unique response are required. But the country already has laws
designed to combat both violence and rebellion. As Deputy Prime Minister
Visanu Krue-ngarm said, at least five security laws are available to
identify, hunt and neutralise the anti-social elements behind the southern
violence.
The proposal to bring special measures to bear on the South, either by a
hasty law or an even more hurried special regulation, was not well
considered. Police officers apparently were behind the idea, and hoped to
get expanded powers to wiretap telephone lines, and to arrest and detain
suspects in secret. There is a certain irony. Extremists claim that security
forces in the South already use such tactics, and thus justify their own
murders and attacks on policemen and soldiers. There is reason to believe
some such stories of 3am knocks on the door.
But the answer to such problems is not to legalise what may already be law
enforcement abuses. On the contrary, when respect for the law is at stake,
it is vital that the state authorities obey it to the letter. The point of
Mr Visanu and other law-and-order proponents is that police and the army
already have measures that help to identify those involved in southern
violence. Prime Minister Thaksin Shinawatra spent most of last week
considering his options, and agreed. It would have been a big step back if
the government had started enforcing emergency laws passed only for the
South.
This newspaper has consistently called on state authorities to obey the law
scrupulously when dealing with the southern problems. Mr Thaksin's decision
to reject new laws should not only be respected by the security forces. The
use of violence by the extremists needs a response that is careful and
quick, and using only as much force as is necessary to apprehend those
responsible. Commanders of police and army units should instruct their men
and women carefully that they are as accountable under the law as ordinary
citizens.
This leads directly to the independent commission investigating the Tak Bai
incident. One hopes this committee will report soon, because all Thais and
foreign governments are waiting on its decision. Mr Thaksin has been able to
stave off criticism by saying the committee is at work. Pichet
Soonthornpipit, a former parliamentary ombudsman, and his staff have been to
the South and have taken testimony from many people who were present at the
Tak Bai protests, or who have special knowledge about the violence during
and afterward.
Australian terrorism expert Sidney Jones said last week she reckons one more
incident like Tak Bai will make Thailand the next battleground for
Indonesia-based terrorists. The military may have mishandled helpless,
shackled prisoners in their care so badly that nearly 80 died. Many foreign
governments are openly troubled the victims were Muslims. There is no room
for a whitewash, and the government must rush the full report by the Pichet
committee to the public without delay. Old boys' networks and the close
connections of military training school have no place in the post-report
actions. If the committee feels anyone is responsible for the Tak Bai
deaths, the government must act or share complicity.