December 4, 2004
 
Govt security decree U-turn

Laws for South now `more than sufficient'

YUWADEE TUNYASIRI MANOP THIP-OSOT

The government has decided, after a barrage of criticism, not to issue a special security law to quell southern violence.

Deputy Prime Minister Visanu Krue-ngarm yesterday said existing security-related laws, like those covering detention of suspects and telephone eavesdropping are more than sufficient for the task.

Mr Visanu said after a meeting of security officials and legal experts that the plan to issue an executive security decree, earlier thought to be a more effective tool to end southern unrest, has now been scrapped.

``We have decided there is no need for such a law at present,'' he said.

Yesterday's decision was taken after the idea floated early this week of issuing a decree to grant security personnel with wide discretionary powers was promptly greeted with a storm of criticism from many circles, including human rights advocates, academics, opposition politicians, some senators and the media.

Mr Visanu said the meeting agreed unanimously that five existing laws _ the Martial Law Act, the Emergency Administration Act, the Criminal Procedures Act, the Criminal Act and the Special Investigation Act _ were ``more than enough'' to deal with southern unrest.

The prime minister, he said, had wanted officials to carry out their duties in the South without having to worry if their actions might not be backed up by adequate legal tools.

But Mr Thaksin had also made it clear if the decree did not provide a practical solution, then there was no need for it.

Mr Thaksin also wanted a balance between civil liberties and national security protection in enforcing any law, he said.

Mr Visanu said the public's uneasy attitude toward martial law, security officials' worries their operations could be considered illegal and measures stressing suppression over prevention had made authorities seek a new law to protect them.

``Those are the limitations but a special security law is not worth it as the laws we have today are workable,'' he said.

Mr Visanu said martial law alone was all-powerful when fully enforced as it gave security authorities the authority to search, arrest, detain and interrogate suspects, build or demolish any facility and order or prohibit people doing anything.

Martial law and the Criminal Procedures Act could also help in the event that hundreds or even thousands of suspects were arrested, when the subsequent interrogations would inevitably take time.

Mr Visanu said a suspect could be held for a maximum of 14 days under martial law, but if questioning was not completed within that period the Criminal Procedures Act allowed for further detention but for no more than 84 days.

Police who needed to eavesdrop on telephone conversations of suspects could ask the Criminal Court to invoke the Special Investigation Act for wiretapping, he said.

Mr Visanu said a legal advisory team chaired by Justice Minister Pongthep Thepkanchana had already been set up to help security officials operating in the South who faced any legal hurdles.

The team, including the secretaries-general of the Anti-Money Laundering Office and the Council of State, the national police chief and the Department of Special Investigation director-general, may have to help decide whether a special security law will be needed in the future if the situation warranted it, he said.

Any legislation would be submitted to parliament for screening, he added.

Mr Visanu said he also did not think the government would push for the passage of a security bill drafted by the National Security Council either.

Mr Thaksin earlier said he wanted the smallest possible number of laws but for them to be of the best quality possible, adding that an executive decree on security, if unnecessary, would not be issued.

Assistant police chief Wongkot Maneerin, meanwhile, denied the police had asked the government for such a decree, saying it was Mr Thaksin's suggestion that security agencies study if there should be a new security law to deal with southern violence.

Pol Lt-Gen Wongkot said he agreed existing laws were sufficient to deal with the unrest and the decision against enacting the executive decree would not affect the police force's job of returning peace to the deep South.