The Cabinet yesterday decided to enforce the Internal Security Act (ISA) in the inner areas of the capital as a measure to control the Saturday protest, but put police chief Adul Saengsingkeaw in charge rather than the Army chief, who is traditionally empowered to enforce the law.
As per the ISA, the prime minister – as director of the Internal Security Operation Command (Isoc) – is authorised to command all officials working in the agency, with the Army chief as her deputy.
However, the premier, as Isoc director also has the authority to pick anybody from within the security command or from other agencies to become her assistant.
Observers, meanwhile, have been questioning why the Cabinet has decided to exercise the ISA and put the police chief in charge of controlling the anti-government protest instead of putting it in the hands of the Army chief.
Analysts say that perhaps the government does not trust the Army enough because it might end up favouring the protesters. It is widely believed that the government under Yingluck Shinawatra has still not been able to build a better relationship with the Army.
Besides, it was the police commander-in-chief Adul who suggested that the government use the ISA as a legal instrument to control the situation during the protest.
An official at the National Security Council (NSC) said police had the authority to use basic laws such as the Penal Code to handle the protest, but the government is worried that the police may not have any legal impunity to handle the situation of things get out of hand.
Previously, former police chief Patcharawat Wongsuwan was accused of abusing of power and misconduct after his actions to control the yellow-shirt protest on October 7, 2008, killed two and injured many others. The National Anti-Corruption Commission will be indicting him soon.
Though the ISA does not provide direct legal impunity to officials involved in the operation, it can be used as a reference and a backup because it grants them direct authority.
The ISA’s Article 18 also authorises the Cabinet to tell state officials what actions are necessary to handle the situation. The Cabinet can also order the restriction of people’s movement, launch a curfew, block roads, order people to stop using electronic devices for safety reasons as well prohibit people from carrying weapons.
Adul plans to mobilise some 50,000-80,000 police officers to control the Saturday rally. An NSC official said the number of police officers mobilised is expected to match the number of protesters. The official added that the police chief was preparing such a huge police force to handle the situation because he believes that the military will not cooperate or step in to help in case of emergency.