Thai editorial: Beefing up martial law sends wrong signal

[webfact]

EDITORIAL
Beefing up martial law sends wrong signal
The Nation

Lawmakers must reject this move to curb our basic civil rights

BANGKOK: -- The recent proposal to amend the 1955 Act on the Organisation of Military Courts should set alarm bells ringing. The move sends the wrong signal both at home and abroad about what kind of country we might become.

The amendment would permit military commanders to detain civilians for up to 84 days without judicial oversight.

The UN Office of the High Commissioner for Human Rights (OHCHR) has voiced concern about the proposal, warning it would give the military too much power.

"Detention without judicial review breaches the International Covenant on Civil and Political Rights [iCCPR], to which Thailand is a state party. Under Article 9, a person detained on suspicion of a criminal offence is to be brought promptly before a judge. The Human Rights Committee that oversees the ICCPR has interpreted 'promptly' to mean within a few days," Rupert Colville, the United Nations' OHCHR spokesperson, said in a statement issued from Geneva on Tuesday.

The National Legislative Assembly is considering the proposed amendment. The fact that the assembly's members were handpicked by the military is a point of concern here. We can only hope that in making their decision, our lawmakers place the national interest ahead of any loyalty they feel toward the junta.

Passing the amendment would strengthen the special measures currently imposed under martial law.

By and large, martial law should be confined to military affairs. It should not extend to the civilian domain unless in it is needed to maintain peace and order in times of national peril, such as during war.

Thai law permits the detainment of suspects for up to 84 days. But, as part of that process, police must file charges and offer clear evidence of wrongdoing. These requirements are waived under martial law. That's why it should be confined to emergency situations. In other words, it should only be used as a measure of last resort.

Moreover, the imposition of martial law sends a terrible signal to the international community. It recalls an era when Southeast Asian strongmen like Suharto, Ferdinand Marcos and Than Shwe wielded military laws to bolster their authoritarian rule.

Haven't we in Thailand moved beyond that stage? We tell the world we are progressing toward democracy and doing everything we can to put the country back on track to elections. If they want to back those words with action, NLA members must reject the proposed amendment. A yes vote would erode freedoms that should be guaranteed in a nation with serious democratic aspirations.

Citizens might not feel any immediate, direct impact on their lives should the amendment be passed. But it would give the authorities the chance to use detention without trial as a convenient tool to crack down on critics or political opponents. Too much blood has been shed already in our decade-long political conflict. We need to move away from divisive authoritarian measures and instead build an atmosphere conducive to peace and reconciliation.

Criticism of those in power is the sign of a healthy democracy. And as we stride towards building a democratic nation that respects the rule of law, we need to stand up against attempts to curb our basic civil rights.

We must question whether lurking behind this proposed amendment is a hidden agenda. Is it, in fact, a hammer for the military to bring down on government critics whenever they want, and without having to offer justification?

Source: http://www.nationmultimedia.com/opinion/Beefing-up-martial-law-sends-wrong-signal-30253989.html


-- The Nation 2015-02-13

[NeverSure]

Very good, The Nation. Spot on.

[kalbo123]

Thought TAT is doing a very good job promoting Martial Law tourism, nothing going on here.. everything is just fine.

[yellowboat]

"Criticism of those in power is the sign of a healthy democracy." Sadly, they do not seem to think so. They see everything as a threat.

[rickirs]

"The amendment would permit military commanders to detain civilians for up to 84 days without judicial oversight"

If the Junta doesn't get the amendment, then Article 44 of the Interim Charter remains the law of the land. And under Article 44 the NCPO has the legislative power to not only impose martial law but to also judicial power to arrest people without a court warrant and try them. The amendment just gives the NCPO some "window dressing" to make the government seem democratic after it withdraws from direct control of the government.

The bigger issue is that the military continues to have the power to overthrow an elected government and suspend Thai civil rights and liberties at the time of its choosing. Don't expect the NCPO to limit itself voluntarily.

[geriatrickid]

You know what would send the right signal? Enforcing just a few of the existing laws. Is that such an unreasonable request that the military administration can not undertake?

Please General, all I ask is that you enforce some of the most basic of laws in Thailand such as;

- No more encroachment upon nature preserves and national parks

-No more dumping of untreated toxic wastes in the waterways and land

- An end to the out of control jet ski mobsters who are aided and abetted by local authorities in their illegal activities

- An enforcement of some of the simplest traffic safety laws such as requiring heavy trucks to obey speed limits, to have functioning brakes and to have tires with effective treads.

I won't complain about the endemic corruption if you dear General can at least deal with these obvious and visible issues.

Thank you.

Signed; A non Chinese person, who isn't asking for Thailand to welcome me, just to allow me to live safely without fear of being poisoned or run down by a yaba crazed trucker.

[Doc46]

You know what would send the right signal? Enforcing just a few of the existing laws. Is that such an unreasonable request that the military administration can not undertake?

Please General, all I ask is that you enforce some of the most basic of laws in Thailand such as;

- No more encroachment upon nature preserves and national parks

-No more dumping of untreated toxic wastes in the waterways and land

- An end to the out of control jet ski mobsters who are aided and abetted by local authorities in their illegal activities

- An enforcement of some of the simplest traffic safety laws such as requiring heavy trucks to obey speed limits, to have functioning brakes and to have tires with effective treads.

I won't complain about the endemic corruption if you dear General can at least deal with these obvious and visible issues.

Thank you.

Signed; A non Chinese person, who isn't asking for Thailand to welcome me, just to allow me to live safely without fear of being poisoned or run down by a yaba crazed trucker.

Yes to you PM ,send the right Signal, be tougher and make ALL the people obey ALL the existing laws 100% Fine them Jail them,Straighten out the Country and get it back on track Than elect someone who can take over the reins to look after the country,If that fails,,, BACK to Martial Law until they can weed out all the riffraff, This will safe the Country from going South.