Ghosts of the past remain to haunt us

Dictators say it is for our own good whenever they want to snatch away our rights. Their authoritarian minds believe that infringing on individual freedoms is justifiable if society as a whole might benefit. And they love to call their draconian edicts by high-sounding names even though it is quite obvious they are intended just to further their own powers.

Thus we have before us the People and State Security Protection Bill, courtesy of Gen. Chavalit Yongchaiyudh and his staff at the Defense Ministry. This piece of intended legislation would give the military more sweeping powers than even the horrendous 1952 Communist Prevention and Suppression Act that is due for repeal on June 3.

The Internal Security Operation Command, the military's communist suppression agency, is earmarked to become the People and State Security Protection Command. Article 22 of the bill grants the authorities the power to arrest or search anyone or enter any private dwelling without a warrant. They also would have the right to tap phones and computers and access any records in print or any other form. It is not clear in the draft whether those arrested would have to be charged or could be held without trial.

The authorities argue that these powers are needed as suspects might flee or destroy evidence while arresting officers are waiting for a search warrant. But the Penal Code already provides authorities with comprehensive yet reasonable measures in line with the principles of constitutional democracy and human rights. Critics also point out that the proposed legislation could be in breach of articles in the constitution that protect the rights of individuals to private communication and against arbitrary arrest and detention.

No developed western democracy allows arrests or searches without a warrant -- not even in espionage and other cases of national security. There is just no need to sidestep the court. Security officials just must be more efficient. Even former East Bloc countries have done away with laws like those proposed by our Defense Ministry.

We have fought long and hard for constitutional democracy. Why now grant the military and its security agencies omnipotent powers? Their role should be national defense, not as agents of George Orwell's Big Brother to keep a watch over us.

-- The Bangkok Post