FIDH recognizes the right of every state to defend itself against internal and external security threats. However, this has to be done within the framework of international human rights standards.
“This legislation gives unchecked powers to the military, and a strong role in any future government”, said Souhayr Belhassen, President of FIDH. “It bodes ill for the future of democracy and the rule of law in Thailand.”
The ISA establishes an Internal Security Operations Command (ISOC), directed by the Prime Minister and the Commander-in-Chief of the Army. ISOC has the power to maintain national security, this for non-specified long periods and even if there has been no declaration of a state of emergency.
The ISOC has the power “to have relevant government officials implement any action, or withhold the implementation of any action” – which means that it can substitute itself to any member of the government or civil servant. In addition, the ISOC is allowed to impose far-reaching restrictions on the rights to freedom of expression, peaceful assembly, freedom of movement and the right to a fair judicial process. The Director of ISOC or any official designated by him may undertake criminal investigations, and if an investigating officer “believes that any accused person has committed an offence which affects internal security (…) by mistake or out of ignorance”, the ISOC Director shall send the person concerned to be trained at a designated place for a period up to six months, if he/she agrees. “This is totally arbitrary since such administrative detention for reeducation purposes will take place without any judicial control. It is well-known that such conditions of detention condone torture and ill-treatment”, added Souhayr Belhassen. In addition, probability is high that the agreement to attend such training be coerced.
Furthermore, articles 22 and 23 remove the submission of any action taken under the Act to administrative procedures as well as to the jurisdiction of the Administrative Court. Human rights violations perpetrated by state officials will therefore remain unscrutinized and go unpunished. In addition, the order of the superior is a cause of exoneration of any responsibility, in violation of international human rights law and international criminal law.
“The ISA must be immediately repealed before its entry into force, or as a minimum, its entry into force must be delayed until a newly elected parliament will be able to reconsider it and to bring it into conformity with the international human rights obligations binding upon Thailand”, concluded Ms. Belhassen.