Tag Archives: Punishment Park

The pretence of legality

2005_04_22_punishment_park-1.JPG

On July 17 the government of Thailand renewed a state of emergency over the southern border provinces for the ninth time since it was introduced two years ago. That the bloodshed in the south has only worsened in these years should not be a surprise to anybody. The weakening of already limited safeguards on the activities of police, soldiers and paramilitaries there was certain to encourage more violence.

The emergency decree not only permits but also obliges extraordinary detention of suspects, by providing that “Competent officials shall be empowered to arrest and detain suspects for a period not exceeding seven days…in a designated place which is not a police station, detention center, penal institution or prison.” The effect of this clause — together with other parts of the decree — is to all but guarantee the use of torture, forced disappearance and extrajudicial killing, for which state officers need not fear consequences as they are anyhow exempt from prosecution if they have acted in “good faith”. As the decree is so vague that anything could be construed as good faith, as victims are unwilling to complain, as police won’t investigate and as judges are unlikely to hear any cases, this amounts to a blanket impunity clause.

Meanwhile, the junta that took power in Bangkok last September has proposed a national security law that owes much of its contents to the decree. The draft bill permits the army commander to curtail undefined security threats without requiring the approval of the prime minister. It grants him powers to shut roads and stop vehicles, close public gatherings, keep someone under house arrest, order employers to report on employees, oblige the police and civilian officials to cooperate with the army wherever and however necessary, issue preventive arrest orders, summon anyone to appear before a designated official on any grounds, search persons or vehicles or premises at will, seize anything, and “conduct suppressive operations against a person or group of persons or organization which gives rise to actions threatening internal security.”

Continue reading

Advertisements