Fears over 84-day detention without charge under new Thai bill

[webfact]

Fears over 84-day detention without charge under new Thai bill

AFP

BANGKOK: -- Rights groups Friday expressed concern over a bill passed by Thailand's junta-picked parliament that they say could allow the military to detain civilians for up to 84 days without charge.

The assembly voted late Thursday in favour of an amendment to the Military Court Act enabling greater powers of detention over military personnel under "exceptional circumstances" with members insisting the new law would not extend to civilians.

But activists fear the unclear wording of the amendment could see the law applied against civilian suspects in cases deemed an emergency, increasing detention without charge from seven days under martial law -- imposed by the army before it seized power last May -- to 84 days.

"The fear is that civilians will be held by the military for up to seven weeks without judicial oversight in, for example, national security or lese majeste cases under a very vague definition of an emergency," said Sam Zarifi, Asia director for the International Commission of Jurists.

The ICJ is seeking clarification from the government on how they define exceptional circumstances.

"At best it is a poorly drafted bill. Or at worst it has been cleverly drafted to minimise criticism," Zarifi said.

Pawinee Chumsri from the Thai Lawyers for Human Rights is also concerned about the law being used against civilians under junta rule.

"We're afraid a lot of arbitrary detentions will be brought," said the lawyer, adding she was "worried about practises during detention -- interrogations, torture, forced disappearances".

The military-stacked assembly has defended the scope of the bill, saying the fears are unfounde

"Through this bill civilians will not be brought to the military court," said National Legislative Assembly member Vanlop Kerdphol on a televised parliamentary debate ahead of the vote to pass the bill, adding it will apply only to "military people".

Under junta rule Thailand has seen a rapid erosion of civil liberties with the military banning political gatherings, censoring the media and detaining political opponents.

Charges and prosecutions under the country's controversial royal defamation laws have also surged since the coup, with rights groups saying they are politically motivated.

-- (c) Copyright AFP 2015-02-20

[Reigntax]

Simple, if it doesn't extend to civilians, then clearly define this part of the bill.

How hard is it?

[Thailand]

Nowadays it's sensible to read your post, then preview it,then write something else.

[chainarong]

With human rights on the improve in Thailand ,the 84 day detention should be a breeze , I shouldn't wonder that western Governments will soon introduce this as it is certainly the easy way to do things, certainly when a terrorist attack is imminent, maybe another way is to place everyone on detention, that's even easier, this has unlimited possibilities, why didn't I think of it , I probably lack that main ingredient Thainess..

[soumanioco]

Nowhere in the world a country run by a military junta has ever moved forward. Never.

[Suffinator]

And for all those idiots who lauded the coup are you now beginning to see the error of your ways?

Freedom is the underlying principle of a humane and civil society and should never be oppressed. This junta will continue to bring out new laws to suit their agenda; which is one of control, often achieved through poverty, the lack of education and above all fear.

Yes, there's not a day that goes by that I'm not delighted at my decision to get out ... unfortunately there are many who are unable to do so.

It's time the west stepped in and started slapping on the sanctions ... time to get the rats out of the corn field.

[trogers]

Try the ISA detention power of Malaysia and Singapore.

[Gweiloman]

Try the ISA detention power of Malaysia and Singapore.

And? Last time I checked, this is Thailand.

[theslime]

I supported Military Intervention in Bkk ,as bombings,gunshots were scaring me a tad. Not to mention the murder on theft let loose on Thailand by Square Head. Now it seems as if the military are just doing what Governments are doing all over the World. Mores the Pity.

[cgphuket]

Thailand, the new Burma. Burma, the new??????

[trogers]

Try the ISA detention power of Malaysia and Singapore.

And? Last time I checked, this is Thailand.

Ahhh...a non-elected government vs two elected ones...all in ASEAN.

[JimG]

But activists fear the unclear wording of the amendment could see the law applied against civilian suspects in cases deemed an emergency, increasing detention without charge from seven days under martial law -- imposed by the army before it seized power last May -- to 84 days.

"The fear is that civilians will be held by the military for up to seven weeks without judicial oversight in, for example, national security or lese majeste cases under a very vague definition of an emergency," said Sam Zarifi, Asia director for the International Commission of Jurists.

84 days is 12 weeks, not 7 weeks.

Edited February 20, 2015 by JimG

[Ianatlarge]

Does it really matter what the law says? The military can do pretty much whatever it wants—in the national interest of course. I am just glad that we have such great people protecting us.

[metisdead]

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Other off topic posts and replies have been removed.

[Docno]

They're just playing catch-up with their neighbours to the south, Singapore and Malaysia, both of which have internal security acts that allow indefinite detention without trial (in one case, a Singaporean was detained for more than 20 years without trial). Oh, and let's not forget Guantanamo. That's the problem with these 'national security' ... it becomes very fuzzy as to what a threat to national security is (was Suthep a threat to national security?) and so they often end up being used as political tools.

[Alwyn]

The country is under Martial law so they can do what they want anyway

[Xircal]

Does it really matter what the law says? The military can do pretty much whatever it wants—in the national interest of course. I am just glad that we have such great people protecting us.

What makes you think you're being protected?

As long as you don't rock the boat, you'll probably be safe.

But if the boat springs a leak, don't go looking for a lifebelt because there probably won't be any.

[englishoak]

Oh look another nail in the human rights coffin

No one should be surprised at this, its totally in keeping with the way things are going...Those who cheer juntas will no doubt love the prospect of seeing Thai people in a Thai version of Guantanamo. Personally I only shudder at the thought

This will 100% be used at some point and politically or for personal benefit and gain by the Military. You know it, I know it and so does Thailand along with international human rights groups.

Lets be clear here.......... there is no reason for detaining a military person for 84 days without charge, anymore than there is a civilian.

The very fact its been extended from 7 to 84 days is telling, the very fact its now, the very fact it is while the military hold power over the people.

Of course it will be used on the civilian people sooner or later, they will i expect label them not civillian but as some internal military or label them no doubt as "insurgents" "disruptive" or anyone they care to label dangerous, thats what the Military are for and do here.

Better wake up and smell the coffee Thailand, its only going to get worse... or maybe for some Junta loving fascists here... fun.

Edited February 20, 2015 by englishoak

[Dogmatix]

12 weeks will allow for superior results from the attitude adjustment process than the 7 days currently permitted under martial law.

[metisdead]

Off topic posts have been removed again, this is not about detention policies in the US.

[Gunna]

And for all those idiots who lauded the coup are you now beginning to see the error of your ways?

Freedom is the underlying principle of a humane and civil society and should never be oppressed. This junta will continue to bring out new laws to suit their agenda; which is one of control, often achieved through poverty, the lack of education and above all fear.

Yes, there's not a day that goes by that I'm not delighted at my decision to get out ... unfortunately there are many who are unable to do so.

It's time the west stepped in and started slapping on the sanctions ... time to get the rats out of the corn field.

did you read all of the article

"Through this bill civilians will not be brought to the military court," said National Legislative Assembly member Vanlop Kerdphol on a televised parliamentary debate ahead of the vote to pass the bill, adding it will apply only to "military people".

So you must also want Thailand slapped sanctions on the USA then

Anyone who commits a "belligerent act" against the United States or its coalition allies in aid of such enemy forces, can be held without trial, until the end of the hostilities

[anon467367354]

what the big deal? The US has indefinite detention, no phone calls, no lawyers, you don't even have to be charged with a crime.

On top of that the US says they can assassinate anybody they want anywhere in the world including their own citizens.

I'll 84 days over indefinite any day.

___________________________________________________________________________

Any proof of this statement, or just talk?

soumanioco

Advanced Member

Posted Today, 19:15

Nowhere in the world a country run by a military junta has ever moved forward. Never.

[wilfrid lussier]

The country is under Martial law so they can do what they want anyway

u r right ,absolutely

[casualbiker]

The most Democratic country in the world also has laws like this one.

http://en.m.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2012

[mutha289]

Not to worry Uncle Prayut means no harm, you must trust him!

[NeverSure]

And for all those idiots who lauded the coup are you now beginning to see the error of your ways?

Freedom is the underlying principle of a humane and civil society and should never be oppressed. This junta will continue to bring out new laws to suit their agenda; which is one of control, often achieved through poverty, the lack of education and above all fear.

Yes, there's not a day that goes by that I'm not delighted at my decision to get out ... unfortunately there are many who are unable to do so.

It's time the west stepped in and started slapping on the sanctions ... time to get the rats out of the corn field.

did you read all of the article

"Through this bill civilians will not be brought to the military court," said National Legislative Assembly member Vanlop Kerdphol on a televised parliamentary debate ahead of the vote to pass the bill, adding it will apply only to "military people".

So you must also want Thailand slapped sanctions on the USA then

Anyone who commits a "belligerent act" against the United States or its coalition allies in aid of such enemy forces, can be held without trial, until the end of the hostilities

1. That law of 2012 is under legal challenge. LINK

2. The people are in a position to vote the people who did that out of office and demand change. That's the "little people." Not so in Thailand.

[Maestro]

Removed some posts that were flames, baiting, trolling, condescending comments.

General rule: reply to the topic, do not attack the poster.

[casualbiker]

And for all those idiots who lauded the coup are you now beginning to see the error of your ways?

Freedom is the underlying principle of a humane and civil society and should never be oppressed. This junta will continue to bring out new laws to suit their agenda; which is one of control, often achieved through poverty, the lack of education and above all fear.

Yes, there's not a day that goes by that I'm not delighted at my decision to get out ... unfortunately there are many who are unable to do so.

It's time the west stepped in and started slapping on the sanctions ... time to get the rats out of the corn field.

did you read all of the article

"Through this bill civilians will not be brought to the military court," said National Legislative Assembly member Vanlop Kerdphol on a televised parliamentary debate ahead of the vote to pass the bill, adding it will apply only to "military people".

So you must also want Thailand slapped sanctions on the USA then

Anyone who commits a "belligerent act" against the United States or its coalition allies in aid of such enemy forces, can be held without trial, until the end of the hostilities

1. That law of 2012 is under legal challenge. LINK

2. The people are in a position to vote the people who did that out of office and demand change. That's the "little people." Not so in Thailand.

True. But the legal challenges aren't getting very far are they. Thailand will return to an elected government in 2016.. until that time I'm giving them the benefit of trust to ensure that happens. If it doesn't then I along with others will probably be a vocal as your are now!

[Roadman]

The most Democratic country in the world also has laws like this one.

http://en.m.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2012

Agree with your principle on the basis of the usual flat earthers having a go at Thailand when other countries have the same rules ...but The USA the most democratic country in the world? No actually its away down at about 15 or somewhere. Perhaps its that who can get the most money backing in the run up to presidential nominations where the rot starts that it does not get close. The most democratic are constantly a toss of the coin between New Zealand and the Nordic countries.

[ScarpoFongness4U]

Let's not forget,

84 days in a Thai jail,

Is more than just 84 days in a shity hotel

From what I have seen on YouTube, these are grotesque conditions, in some cases shackled at the ankles and or handcuffed

Sleeping on floors with no mattress no pillow and the feet of the next prisoner where your face is, and your elbows next to the other 59 people in a room made for 4