SUMMARY OF DRAFT THAI SECURITY LAW

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 003502 SIPDIS SIPDIS DEPT FOR EAP/MLS E.O. 12958: DECL: 06/22/2017 TAGS: PGOV PREL KDEM PHUM ASEC TH SUBJECT: SUMMARY OF DRAFT THAI SECURITY LAW REF: A. BANGKOK 03402 (DOUBLE SECRET LEGISLATION: THAI SECURITY ACT ¶B. PENDING?) ¶C. BANGKOK 01754 (THAILAND'S NEW SECURITY STRUCTURE: BETTER LIVING THROUGH ISOC) Classified By: Ambassador Ralph L. Boyce. Reason 1.4 (b,d) ¶1. (C) Summary. The draft Internal Security Act approved by the cabinet on June 19 would significantly expand the powers of the military through its proxy, the Internal Security Operations Command (ISOC). Under this new law, the Army commander would serve as Director, ISOC, and have the authority to order curfews, searches and seizures with little oversight. Arrests made under the new law would still require judicial approval. We expect that wide opposition from segments of the public and the legislature will lead to significant changes in the draft when it is debated next month. Septel reports the Ambassador's conversation with Prime Minister Surayud on this topic. End Summary. ¶2. (C) As expected (ref A),the Thai cabinet on June 19 approved the draft Internal Security Act. Since the 2006 coup, senior government officials have highlighted the need for enhanced legal frameworks to cope with both separatists in the South and potential political upheaval throughout the rest of the country. Recent rallies by anti-government demonstrators and threats of further actions by supporters of ousted PM Thaksin appear to have driven the latest push for this security law. After consideration by the Council of State (a high-level legal review that is almost pro-forma) the draft law will be given to the National Legislative Assembly (which will not be in session until early July) for consideration. ¶3. (C) While this bill has been coming for some time, press coverage (and details about the law's specifics) had been spotty. Following the cabinet's approval this week, local media have begun reporting on the draft law, in particular emphasizing the expansion of the Internal Security Operations Command (ISOC, a security element founded in the 1960s that waned in the 1990s and was resurrected after the 2006 coup; see ref B for more details). Human rights activists have highlighted concerns over the possible impact on personal, political and press freedoms, while critics of the coup point to ISOC as both a haven and power-center for the coupmakers 
after elections and the formation of a new government. ¶4. (C) Although media criticism over the draft provision is rising, the specific language in the new security act has not been widely publicized. Several senior security officials have denied knowledge of the specifics in recent days, both publicly and privately. Both an NGO and an official government contact have quietly provided us copies of the bill, however. The draft Internal Security Act is almost completely focused on the structure, role and powers of ISOC. While we have not yet done an exhaustive analysis of the draft law, a short summary of key elements follows. STRUCTURE -------------- ¶5. (C) Under this draft, the Army Commander-in-Chief is the Director of ISOC and reports directly to the Prime Minister's office (Note: previous accounts suggested that the ISOC chief would be separate from the Army commander and would report directly to the military or Ministry of Defense). A separate Internal Security Commission chaired by the PM and composed of Ministers, senior military officials and the police Commissioner-General would also be established, but its relation to ISOC is unclear. (PM Surayud told the Ambassador that the commission would set security policy for implementation by ISOC) ¶6. (C) ISOC's regional, provincial and local structure would remain unchanged from the model implemented this year under a Prime Minister's order. Commanders of the Army's four regions would serve as regional ISOC Chairmen; Ministry of Interior-appointed Governors would chair ISOC committees in each province. At each level, representatives from the BANGKOK 00003502 002 OF 002 police, military and civilian agencies would serve on the ISOC committee. ¶7. (C) Of note, while the ISOC Director has the power to appoint advisers and direct personnel from other agencies, the draft law does not establish an ISOC-specific career service, nor direct the merger of other government agencies or ministers (despite frequent public statement by RTG officials that ISOC will be similar to the U.S. Department of Homeland Security). ISOC'S AUTHORITIES -------------- ¶8. (C) The expanded authorities provided to the ISOC Director are likely to generate much more controversy. While the Director of ISOC may authorize the arrest or detention of a person who "conspires to commit danger to the internal security," this action must be approved by a court of law. Those detained under ISOC authority can be held for a reoccurring period of seven days, up to a total of 30 days. Other authorities granted the ISOC Director include the ability to: --order searches (in some cases requiring judicial approval) --establish curfews --block public assembly --seize assets, documents or evidence relating to an act harming national security --place suspects into "reeducation" sessions not more than six months in length --order employers to collect and maintain biographic information on their employees --regulate the purchase, sale, or possession of "any material...used to create a threat to internal security" COMMENT -------------- ¶9. (C) Human rights activists and other public figures are already taking aim at the draft bill, prompting defensive statements by RTG leaders such as Army Chief (and current ISOC Director) GEN Sonthi Boonyaratglin, who was quoted in local papers as saying 'when it comes to national security, all other concerns are secondary.' While we expect that the draft will face significant revision in the legislature during its consideration next month, we will be sure to underscore to senior RTG contacts that the law should remain consistent with international norms of civilian oversight and control over law enforcement. BOYCE