Article 1. This Act is called "Act on the Maintenance of National Security in the Kingdom B.E. ... "

Article 2. This Act will be effective as of the day it is published in the Royal Government Gazette.

 

Article 3. In this Act,

 

"the maintenance of security in the Kingdom" means:

 

(1) to proceed in order for the people to have a normal and happy way of life, pride in their ‘Thainess' (kwam pen Thai), love and concern for Thai culture and Land of the Thais, maintain independence and democracy with King as the head of state, including in order for all the people and organizations to have strong loyalty and be ready to face dangers to the security of the state which are expected to arise, both during normal and abnormal times.

 

(2) To carry out protection and suppression in order to be able to control a situation arising from an act which is a danger to security in the Kingdom to restore the situation to normal.

 

"An act which is a danger to the security of the Kingdom" means:

 

Any act which aims to destroy or damage the lives, bodies, or property of the people or the State, whether it be to cause sabotage, act of terrorism, trans-border crime, an attack, propaganda, incite to the use of violence, with the intention to cause unrest in the lives of the people or to cause damage to the security of the State.

 

"State agency" means: public service, state-run enterprises, public organizations, local administration and other agencies in the command and care of the state.

 

" Government Officer" means: public servant, staff and employees of State agencies.

 

"Government Official " means: a person the Director of the Internal Security Operations Command appoints to carry out duties according to this Act.

 

Article 4. The maintenance of the national security in the Kingdom shall be undertaken with unity among the state agencies, good order and steps to tackle the problem properly to the seriousness of the situation in each area, and shall have a check and balance the exercise of the power, following up and evaluation of the result of the operation, to maintain the happiness of the people, society and national security.

 

Article 5 The Prime Minister shall have the care and charge of this Act.

 

Section 1

 

The Internal Security Operations Committee

 

Article 6. There will be a Internal Security Operations Committee, comprising the Prime Minister as Committee Chair and Minister of Defence and Minister of Interior as Deputy-Committee Chairs, with Committee Members to be Permanent Secretaries of: Ministry of Interior, Ministry of Defence, Ministry of Justice, Ministry of Foreign Affairs, Finance, Social Development and Human Security, Secretary-General of the National Security Council, Director of the National Intelligence Agency, Attorney General, Supreme Commander of the Armed Forces, and the Army Chief, Navy Chief, Airforce Chief, Chief of Police, and the Chief of Staff of the Army as a Commissioner and secretary.

 

Article 7. The Internal Security Operations Committee will have the following powers and duties:

1. To designate a work plan according to the policy and strategy on the internal security of the state as delegated by the NSC, the cabinet or the Prime Minister.

2. Analyse the situation and advise the cabinet on measures and steps to take.

3. To design the methodology of investigation, monitoring and evaluation of the performance of the ISOC to be accordance to the master plan and Action Plan of the security in the Kingdom.

4. To oversee and take care of the annual report of ISOC to cabinet.

5. Issue regulations in order to work according to this Act.

6. Appoint regional ISOC.

7. Appoint a group of individuals or individuals as advisors to Government Official or as assistants to Government Official in carrying out their duties according to this Act.

8. Appoint sub-committees or working groups to carry out duties as delegated

9. Carry out other operations according to the legal powers and duties of the committee.

Article 8. For the benefit of carrying out the duties of the Committee, sub-committees or working groups, the Director of the ISOC can ask any state agencies, individuals or juristic person, as the case may be, to send documents and information and give testimony in order to be part of the investigation as necessary.

 

Section 2

 

Internal Security Operation Command

 

Article 9. An Internal Security Operations Command, its abbreviated name to be "ISOC", shall be established, as an agency under the Prime Minister's Office, reporting directly to the Prime Minister, with the Royal Army Commander as Director of the ISOC, with responsibility for commanding public servants, carrying out the work of the ISOC, and approving the plan on maintenance of security in the Kingdom.

 

Article 10. The Internal Security Operation Command shall act as the central organization of directive and cooperative operation for the implementation of the policy and strategy of the internal security of the State and the urgent national agenda.

 

The division of work of the Internal Security Operation Command shall be in accordance with the Ministerial Regulations.

 

Article 11. The Internal Security Operation Command shall have the mission to plan, facilitate, co-ordinate, and command and oversee the implementation of the policy and strategy on the internal security of the State and shall tackle the security problems as may be assigned by the NSC, Cabinet or the Prime Minister.

 

Article 12. The Internal Security Operation Command shall have the power and duty as follows:

 

(1) To monitor and investigate and evaluate threats to the security of the Kingdom in order to support effective solutions.

 

(2) To facilitate, co-ordinate, command and oversee and support the operation of government agencies concerned in keeping the security matters in good order, both in the land and the sea, for sustainable security

 

(3) To build the royalty to the Monarchy and reconciliation of the nation by mobilizing the mass, and to promote the participation of the people in prevention and tackling any problems which may effect to the security of the Kingdom and good order in all region of the country.

 

(4) To do other acts and things may be assigned by the NSC and the Prime Minister.

Article 13. A Secretariat Office for ISOC namely, SO-ISOC ("Sor Nor Lor Thor Raw Ma Nor"), to be placed under ISOC to be the office for the facilitating the planning, coordinating and overseeing the operation of the line of command of ISOC having Secretary General of the ISOC called SG-ISOC as the Chief of the SO-ISOC, providing that the Chief of Staff of the Royal Thai Army is to be assigned to be the SG-ISOC.

 

Article 14. The Director of the ISOC shall have the power to enter into any juristic action, take legal action in the court of jurisdiction, and to carry out all legal proceedings in relation to the work of the ISOC on behalf of the Office of the Permanent Secretary to the Prime Minister.

 

Section 3

 

Articles 15. Regional Internal Security Operations Committees shall be established in each military region, having the regional military commander in chief of respective region as the Committee Chair, comprising of the representatives of the office of the Attorney General, and other agencies as deemed appropriated by the commander in chief of the region, totaling not exceeding 15 members.

 

Article 16. The Regional Internal Security Operations Committees shall have the power and duties as follows:

 

 

(1) To make the plan of operation for the maintenance of the national security in the Kingdom at the regional level,

 

(2) To inspect, monitor and evaluate the performance of the Regional - ISOC,

 

(3) To consider the proposal and set up steps to be taken in dealing with the situation which effect to the security in the area, then, to propose to the Internal Security Operations Committee.

 

(4) To set up the guidance for the promotion and persuasion the people to participate the maintenance of the national security in the Kingdom at the regional level,

 

(5) To appoint the Provincial Internal Security Operations Committee in each province, and the Bangkok Internal Security Operations Committee for the Maintenance of national security,

 

(6) To set up groups of individuals or individuals to be the advisors to the Government Officials or the assistants to the Government Officials in performing their duties,

 

(7) To set up sub-committees, or working groups to perform duties to be assigned, and

 

(8) To do other acts and things to be assigned by ISO Committee.

 

Section 17. Regional Internal Security Operation Commands shall be established having abbrievated name as "Regional-ISOC", in each Military Region, which shall be under the direct command of the ISOC, having the regional commander in chief of the military namely "Director-ISOC Region" in charge with the work of the Regional Internal Security Committees, to command and supervise the Government Officers, and the performance of the Regional-ISOC, including to study, analyze, under take a research, propose, and report the result of the performance, do plan of the maintenance of the national security in the Kingdom within his jurisdiction, or to do any act or thing assigned by ISOC.

 

Section 4

 

Articles 18-20. Set up Provincial Internal Security Operations Committees, comprising the provincial Governor as the Committee Chair, Committee Members by rank and competent persons with authorities and functions as designated; also establishes a Provincial ISOC, its abbreviated name, "Provincial-ISOC", to be an agency placed directly under the Regional-ISOC, with the provincial Governor acting as Director charged with maintenance of national security within the provinces, its authorities and functions are similar to those of the Regional-ISOC but within the scope of the provincial level.

 

Section 5.

 

Articles 21-23. Set up a Internal Security Operations Committee for Bangkok, comprising the Governor of Bangkok as the Committee Chair, Committee Members by rank and competent persons with authorities and functions as designated; also establishes a ISOC for Bangkok, its abbreviated name, "ISOC-Bangkok", to be an agency reporting directly to the ISOC - Region 1 with the Governor of Bangkok acting as Director charged with the maintenance of national security within Bangkok, its authorities and functions.

 

Section 6

 

Solving situations which pose a threat to the national security in the Kingdom

 

Article 24. When there appears to be an act which is a threat to the national security in the Kingdom, the ISOC has the responsibility for maintaining national security in the Kingdom and power to command state agencies specifically those are related to the protecting against, solving, suppressing, halting or preventing the act which is a threat to the national security in the Kingdom, reviving and helping the people.

 

The Director of the ISOC has the power to appoint individuals as Government Official to carry out duties to maintain the national security in the Kingdom and may order the appointment of groups of individuals or individuals as advisors or assistants to the Government Official in carrying out their duties to maintain the national security in the Kingdom.

 

The Director of the ISOC may delegate his authority according to paragraph two to the Director of Regional-ISOC, Director of Provincial-ISOC or Director of ISOC-Bangkok and give them command over those Government Official involved.

 

State agencies, Government Officers, and local people must give their assistance and support or do anything when requested by an Government Officials .

 

Article 25. In an instance in which it is necessary to quickly stop an act which is a threat to the national security in the Kingdom or prevent an increasingly violent act from occurring the Director of the ISOC shall have the power to issue the following restrictions:

1. Prohibit any person from taking a weapon as designated in Ministry Regulations out of a residence.

2. Prohibit the use of route of transportation or vehicles or put conditions on the use of transportation and vehicles.

3. Prohibit gatherings or assembly, public showing of corpses, or advertising if there is cause to believe it is intended to invite or encourage others to commit an illegal act.

4. Prohibit any person from leaving their residence during a designated time period without permission from an Government Official or unless they have received an exemption.

5. To make any person hand in their weapons as per Ministry Regulations temporarily as necessary , with the handing in of weapons, receiving of weapons, and holding of weapons to be carried out according to an appropriate procedure.

6. To order the business owner, the manager or the person in charge of the business to who have employees, staff officers or other persons who participate in the business operation or management to record personnel information, employment, termination of the employment and inform the same to Government Official .

7. To issue orders for the sale, use or possession of weapons, goods, medical products, chemicals or any other consumer goods which may be used to conduct an act which is a threat to the national security in the Kingdom have to report or receive permission from Government Official or act according to the conditions set out by the Director of ISOC.

8. Issue an order to use military force to assist administrative officials or police to end violent incidents or control a situation to achieve peace quickly, and doing this military personnel have the same powers and duties as Government Official according to this Act, and with the use of power or duties by military can only be according to the conditions and timeframe stipulated by the Director of the ISOC which shall not be in excess of Martial law.

The restrictions provided for in the first paragraph may be limited by time frame or conditions for the performance of the Government Officials, or authorize the Government Officials to fix the area or additional details so that the people will not suffer more than is necessary to deal with the incident.

 

When the threat to the security in the Kingdom has ended, the Director of the ISOC shall announce the lifting of restrictions under this article speedily.

Article 26: The Director of the ISOC can declare officials have the following powers:

 

1. arrest and detain any person suspected of involvement in an act which is a threat to national security, used for, advertised or supported or concealed information on the act as necessary. A court warrant must be sought and the arrested person no more than 7 days, and must not be held in regular places of detention such as police stations or prisons. Extensions for detention may be sought if necessary for 7 days each time not exceeding 30 days.

2. Suppress individuals groups of individuals or organizations causing an action which may be a threat to national security.

3. Issue a request for or order any person to report themselves, or give a statement, or hand over any documents or evidence.

4. Search individuals, vehicles, residences, constructions or places as necessary when there is an appropriate reason to suspect that there are objects intended or use in wrongdoing, or use or will use in an act which is a threat to national security.

5. Enter any residence or place to search for suspects in hiding, objects intended for use in or used in act of wrongdoing when there is reason to believe that if prompt action is not taken that person will escape or that the object will be moved, hidden or its' condition changed.

6. Seize or freeze assets, documents, or evidence involved with an act which is a threat to national security. Violating the order will result in punishment of no more than two years imprisonment.

While searching according to sections (4) or (5), civilian officials of level 3 or higher or military officials of rank lieutenant, airforce lieutenant or naval lieutenant or police lieutenant or higher will be in charge of the search and if not finished, can continue in the night or outside normal working hours of that place as necessary, in order to stop the act threatening the security of the Kingdom or prevent the act threatening the security of the Kingdom from occurring.

 

In searching according to sections (4) and (5), let the Government Official show their good intentions before going in to search and produce a report on their reasons and the results of the search to the commander and state the reasons for the search in a letter to the person in control of the residence or place of search. If there is no person in control of the place at the time the police searched, the Government Official shall send a copy of the letter to the person in control of the place as soon as possible.

 

In searching according to (4) the Government Official must not do anything which has the characteristics of a threat and must carry out the search according to the Criminal Procedure Code.

 

In carrying out the search according to (5) the Government Officials must request permission from the court which has jurisdiction or the criminal court to proceed.  Unless there is a reason to believe that unless action is taken immediately documents, evidence or witnesses related to the wrongdoing will be moved, concealed, destroyed or altered from its original state, in which case Government Official  can proceed to search, confiscate or freeze documents or any related evidence without a warrant, however they must proceed according to the methods for searches in the Criminal Procedure Code and cannot proceed during the night, unless it is the normal working time of that place.  As for the work practice of military personnel, it must be conducted according to the laws, rule or regulations related to the use of military force.  

 

Article 27.  In arrest and detention of suspects announced in article  26 (1) the Government Official must request permission from the court which has jurisdiction or the criminal court to proceed. When permission has been granted by the court, the Government Official must arrest and detain no more than seven days, and in a designated place which is not a police station, penal institution or prison, and must not treat that person as a wrongdoer.  When it is necessary to extend detention in order to solve the act which is a threat to the security of the Kingdom, the Government Official may request the court to extend the period of detention for a period of seven days each time but not exceeding a total period of detention of 30 days.  When this limit is reached if the person is to be detained further the Criminal Procedure Code must be used to proceed. 

 

In proceeding according to paragraph one, Government Officials must produce a report on arrest and detention of that person and present it to the court which has given permission under paragraph one and to have a copy of the report at the work place of the Government Official  in order for relatives of that person to be able to ask to see the report at anytime throughout the period that person is detained.

 

In asking permission from the court according to paragraph one, the Government Official must follow procedure for issuing warrants under Criminal Law, with the Criminal Procedure Code applying mutatis mutandis.

 

Article 28. The restrictions, announcements and orders according to Article 25, Article 26 and Article 27, when taking effect must be announced in the Government Gazette.

Article 29.  When the act which is a danger to the security of the Kingdom appears to tend towards becoming more violent or the act which is a threat to the security of the Kingdom arises out of a violent act of terrorism or international terrorism, the Director of the ISOC must report the situation to the Prime Minister and let the Prime Minister delegate responsibility for solving the situation to related state agencies immediately.

Article 30.  For the benefit of collecting intelligence or protecting against an act which is a danger to the security of the Kingdom, the Director of the Regional-ISOC, Provincial-ISOC or ISOC-Bangkok has the power to appoint Government Officials to participate in hearing investigations or request investigation reports of criminal cases to examine.

In proceeding according to paragraph one, if the case is in the investigative jurisdiction of the Department of Special Investigations, the Director of the ISOC has the power to appoint Government Officials to participate in hearing investigations or request the investigation report of criminal cases to examine.

Article 31. When there is an act which is a danger to the internal security of the Kingdom, if the Inquiry Official sees that any offender committed wrongdoing due to being misguided, or misinformed or if there is any reason not to pursue a case against any offender, the Inquiry Official shall send a report on that offender, together with their opinion, to the Director of the ISOC. 

If the Director of the ISOC agrees with the opinion of the Inquiry Official that a case should not be brought against the offender, the Director of the ISOC shall stipulate conditions for the offender to comply with instead of having a case brought against them, by having the offender attend training at a specified location and for a time period not exceeding 6 months, and can specify conditions for reporting to officials occasionally as stipulated after the training is completed but cannot set a period of time for reporting exceeding one year.

In setting conditions for the offender to comply with instead of a case being brought against them according to paragraph two, this can only be done if the offender consents to follow the criteria set, and after the offender has fully complied with the criteria set they cannot then be charged with the offence.

Article 32. The maintenance of the internal security of the Kingdom has to use measures which impact on the freedoms of involved persons in the most minimal manner, being mindful of the preservation and protection of liberties and rights and the peace and harmony of the population as the key principle.

Article 33.  The use of powers by Government Officials in accordance with this Act does not eradicate or negate the authority of the military in accordance with martial law or the rules, regulations and decreed orders already in existence. 

Article 34.  ISOC Regional, Provincial or ISOC-Bangkok Directors, with the approval of the Director of the ISOC, have the authority to order state officials who exhibit conduct and behavior that can become a threat to the national security of the Kingdom to leave the area as designated, to prohibit the conduct of their functions within a specific period of time or in accordance with certain conditions as designated and to have these state officials report themselves as designated. 

State officials who have been ordered to leave the area as designated according to paragraph one shall report to the state agency they are employed by, and the state agency employing them shall issue an order for that state official to be removed from their position and duties or removed from their active duties in the area designated according to paragraph one.

Article 35.   Where there have been actions undertaken that may impact national security within the Kingdom or related criminal actions that may be connected with actions that threaten national security within the Kingdom, government officials have the duty to inform government agencies or government officials related to the protection and suppression of such actions

Article 36. Regulations, announcements, orders and actions in accordance with this Act do not come under the jurisdiction of the National Public Administration Act and the Act on the Establishment of Administrative Court and Administrative Court Procedures.

Article 37.  Government officials and those in authority in accordance with this Act are exempt from civil and criminal violations or disciplinary actions if performing functions honestly, in a non-discriminatory manner and within reason, without negating the victims' rights to request for compensation for losses in accordance with the Law on the Violations of Officials

Article 38. The actions of Government Officials in suppressing according to this Act are carried out in order to perform their duties to protect the nation, religion and King and are carried out in order to maintain the security of the nation.  In cases of injury, death, being crippled or disabled or losing a limb, apart from receiving the rights and benefits accorded by the law, they should also receive rights and benefits according to the orders, regulations and announcements of the ISOC, with the approval of the Finance Ministry.

Punishments

Article 39. Any person who violates the conditions, announcements or orders issued under Articles 25, 26 and 27 or obstruct the work of government officials according to Articles 26 and Article 27 will be punished with imprisonment not exceeding two years or fined not exceeding 40,000 baht or both.

 

 News and artcles related to the draft of ISA ;

 

-  Draft ISA a Step Backwards from Human Rights and Rule of Law,

- Maintenance of National Security Act is for ensuring the powers of the military and not the security of the people!!,

- Students and Activists Declare - "We don't want the Dictatorial Internal Security Act",

- Rights Groups Stress Internal Security Act - Threat to Human Rights,

- NLA Expect the ISA will not be Easily Passed - Speculations of the Military Protecting itself through the Law