บรรยายสรุปในที่ประชุม Philippine Council for Foreign Affair Relations - National Security Workshop, ISAFP Compound, Camp Aguinaldo

1. Thailand’s National and Internal Security Law
By Group Captain Washirasak Poosit
Defense and Air Attaché, Royal Thai Embassy

2. SCOPE
• The Principal Law Sources in Thailand
• Internal Security Act BE 2552 (2008)
• The Detention in Thai National Security Law

3. The principal law sources in Thailand
- Constitution of Thailand - prevails over other laws
- Acts and Statutes - Civil and Commercial Code (CCC), Penal
Code (PC), Civil Procedure Code, Criminal Procedure Code, Land
Code and the Revenue Code
- Emergency Decree or Royal Proclamation
- Treaties
- Subordinate Legislation - Regulations (ministerial),
orders, notifications, royal decrees, and rules.
- Supreme Court opinions

4. Public Law
• Constitutional Law
• Criminal Law
• Administrative Law
• Immigration Law

5. Private Law
• Law of Obligations
• Contract Law
• Tort or Delict law
• Corporate Law
• Personal Property Law
• Land Law
• Intellectual property
• Family Law
• Succession Law

6. Criminal Law
• Criminal offences are enumerated in the Thai Penal
Code (or Criminal Code) as well as numerous other
statutes.
• Criminal procedures are outlined in the Criminal
Procedure Code.

7. Criminal Law
• Drug offences are dealt with by several statutes. The Narcotics
Act BE 2522 (1979) defines narcotics, classifies them into
categories, details offences and outlines punishments. Penalties
for producing, importing or exporting narcotics are outlined in
sections 65 – 102 (Chapter 12) and include fines, life
imprisonment and death.
• Other narcotics laws include the Psychotropic Substances Act BE
2518 (1975) and the Narcotics Control Act BE 2519 (1976).

8. Criminal Law
The offence of lèse majesté is found in the Criminal
Code. Article 112 states that "Whoever defames, insults
or threatens the King, Queen, the Heir-apparent or the
Regent, shall be punished (with) imprisonment of three
to fifteen years”

9. INTERNAL SECURITY ACT BE 2551 (2008)

10.  Whereas it is desirable to bring into existence a law on
internal security
 Whereas it is aware that this Act contains certain
provisions giving rise to the restriction of personal rights
and freedoms
INTERNAL SECURITY ACT BE 2551 (2008)

11. In this Act:
 "Internal security operation" means, for the
sake of public order or national security, the
measures to preserve, control, solve and
restore the state of normalcy from any
situation which is the result of an act of a
person or group of persons exposing or likely
to expose life and limb or property of the
citizens or the State to injury
INTERNAL SECURITY ACT BE 2551 (2008)

12. Chapter 1 Internal Security Operations Command
Section 5
– There shall be established in the Office of the Prime
Minister an Internal Security Operations Command, having
the authority and responsibility as to the internal security
operations.
– The ISOC shall be a special government agency directly
subject to the Prime Minister
– The Prime Minister, in his capacity as Head of Government,
shall be the Internal Security Operations Commander.
– The Commander-in-Chief of the Army shall serve as the
Deputy Internal Security Operations Commander.
INTERNAL SECURITY ACT BE 2551 (2008)

13. Chapter 1 Internal Security Operations Command Section 10
 Internal Security Operations Commission consisting of
– the Prime Minister or Deputy Prime Minister designated by the Prime Minister as
President
– the Minister of Defence and the Minister of Interior as Vice Presidents
– the Minister of Justice, the Minister of Information and Communication Technology, the
Permanent Secretary for Defence, the Permanent Secretary for Foreign Affairs, the
Permanent Secretary for Interior, the Attorney General, the Secretary General of the
National Security Council, the Director of the National Intelligence Agency, the Director
of the Bureau of Budgets, the Secretary General of the Civil Service Commission, the
Secretary General of the Public Sector Development Commission, the Commander-in-
Chief of the Armed Forces, the Commander-in-Chief of the Army, the Commander-in-
Chief of the Navy, the Commander-in-Chief of the Air Forces, the Commissioner General
of the National Police, the Comptroller General and the Director General of the
Department of Special Investigation. as Commissioners; and the Secretary General of
the ISOC as Commissioner and Secretary.
– The Commander shall appoint not more than two government officers of the ISOC as
Assistant Secretaries.
INTERNAL SECURITY ACT BE 2551 (2008)

14. Chapter 2 Internal Security Mission Section 15
– Where arises a situation affecting the national security but a state of
emergency under the law on public administration in state of
emergency needs not to be declared yet, whilst the situation possibly
lasts for a long period and its management falls within the authority
or responsibility of several state agencies, the Council of Ministers
may, by resolution, authorise the ISOC to prevent, suppress,
discontinue, subdue and solve or mitigate the said situation within
the fixed areas and time limit. This resolution shall be announced to
the public.
– When the situation under paragraph 1 has come to an end or is
capable of being solved by the state agencies of general authority,
the Prime Minister shall, by announcement, terminate the
authorisation conferred upon the ISOC pursuant to paragraph 1 and
shall at once inform the House of Representatives and the Senate of
the outcome.
INTERNAL SECURITY ACT BE 2551 (2008)

15. Chapter 2 Internal Security Mission Section 16
 In carrying out the activities authorised under section 15, the ISOC
shall also enjoy the following authority:
(1) To prevent, suppress, discontinue, subdue and solve or mitigate the
situations affecting the national security to the extent authorised in
pursuance of section 15;
(2) To draw up the plans for the activities under (1) and propose them
to the Commission for approval;
(3) To monitor, pursue and expedite the activities conducted or
integrated by the relevant state agencies and state authorities for the
implementation of the plans under (2);
(4) To order a state authority whose behaviour is likely to imperil the
national security or impede the internal security operations to leave
the determined area.
INTERNAL SECURITY ACT BE 2551 (2008)

16. Chapter 2 Internal Security Mission Section 18
 The Commander, with the approval of the Council of Ministers, may stipulate
the following in the form of ordinance:
(1) A requirement that the relevant state authorities perform or refrain from
any specific activity;
(2) A ban on entry into or an order to leave the determined areas, buildings or
places during the operations; prescribed that this ordinance shall not apply
to the persons allowed by the competent authorities or persons exempted;
(3) A ban on leaving residences during a determined period;
(4) A ban on carrying weapons outside residences;
(5) A ban on using communication routes or vehicles or the conditions on the
use thereof;
(6) A requirement that certain persons perform or refrain from any specific
activity as to electronic tools or applications, with a view to preventing the
treats to life and limb or property of the citizens.
INTERNAL SECURITY ACT BE 2551 (2008)

17. Detention in Thai National Security Law

18. Detention Defined
• The exercise of an element of physical constraint
of an individual.
• The act or retaining a person or property, and
preventing the removal of such person or
property.

19. NIAC and ICCPR in Thailand
• Thailand – party to Forth Geneva Convention
1949
• Thailand – party to International Covenant on
Civil and Political Rights
• Situation in Southern Thailand and recent
Bangkok riots are not classified as terrorist
activity – Criminal Code applies
• Suspected and persons who committed such acts
are treated as criminals; may be detained for
interrogation and investigation.

20. Anti - Insurgency
 Thai Martial Law:
– Applied if the situation affects Thai national security and
can harm Thai citizens
– RTARF’s commander can detain suspects for 7 days without
court review/approval
 Thai Emergency Decree:
– Police may detain suspects for 7 days with court
review/approval, which may be extend to no more than 30
days
 Thai Internal Security Act:
– Detain in Training Camp for up to 6 months with court
review/approval

21. Transnational Crime
• Normally not and act of armed conflict, but rather and
act of illegal activity that harms the national security and
well being of their people
• Use of force model: law enforcement, not military
operations
• TC is an act of crime subject to internal law and
detention; government must act in accordance with legal
procedures

22. Summary
• Martial Law, B.E.2457 (1914) – Military commander in the
area
– Turn from Criminal Court to Court Martial
– Military has 7 days detention power
• Internal Security Act, B.E.2551 (2008) – DoD/ Internal
Affairs
– Monitor, direct, coordinate internal security of Thailand
– Detention in camp for 6 months with court approval
• Emergency Decree B.E.2548 (2005) – Prime Minister
– Use of Force – usually police, but military when requested
– Detention and search for 7 days (extended to not over than 30
days) with court approval

23. By Group Captain Washirasak Poosit
Defense and Air Attaché, Royal Thai Embassy
T H A N K Y O U