Translation:Internal Security Operations Act, 2551 BE
Table of contents
Volume 125Issue 39A
Royal Gazette
27 February 2551
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Internal Security Operations
Act,
2551 BE
Bhumibol Adulyadej R
Given on the 19th day of February 2551 BE
Being the 63rd year of the present reign
His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:
Whereas it is appropriate to have a law on internal security operations;
This Act contains certain provisions related to restriction of personal rights and freedoms, which sections 29 and 39, in conjunction with sections 32, 33, 34, 36, 41, and 43, of the Constitution of the Kingdom of Thailand permit to be done through the powers under legal provisions;
Therefore, by and with the advice and consent of the National Legislative Assembly, He is graciously pleased to enact the following Act:
Section1.This Act is called the Internal Security Operations Act, 2551 BE.
Section2.This Act shall enter into operation from the day following the date of its publication in the Royal Gazette onwards.
Section3.In this Act—
“internal security operation” refers to an action for preventing, controlling, rectifying, and restoring to normalcy for the sake of public peace and order or state security any situation which brings or may bring about danger and is caused by a person or group of persons that disturbs tranquillity or destroys or damages lives, bodies, or property of people or of the State;
“Board” refers to the Board of the Internal Security Operations Command;
“Director” refers to the Director of the Internal Security Operations Command;
“state agency” refers to a public agency, state enterprise, public organisation, local administrative organisation, or other state agency, but not including a court or constitutional independent organisation;
“state authority” refers to a public official, official, or employee of a state agency;
“competent authority” refers to a person appointed by the Director to execute this Act;
“province” includes Bangkok Metropolis;
“provincial governor” includes Governor of Bangkok Metropolis.
Section4.The Prime Minister shall be in charge of the implementation of this Act.
Section5.In the Office of the Prime Minister, there shall be established an Internal Security Operations Command, called “ISOC” in brief, having the powers, duties, and responsibilities related to internal security operations.
The Internal Security Operations Command has a status of special public entity under the command of and directly accountable to the Prime Minister, in respect of which the procedure for performance of public service and management, structural organisation, division into and powers and duties of sub-entities, and workforce shall be as designated by the Council of Ministers.
The Prime Minister, in his capacity as Head of the Government, shall be the Director of the Internal Security Operations Command, called “DISOC” in brief. He shall command the public officials, officials, and employees of the Internal Security Operations Command and shall be responsible for the performance of public service by the Internal Security Operations Command. The Commander-in-Chief of the Royal Thai Army shall be the Deputy Director of the Internal Security Operations Command.
The Director may appoint Assistant Directors of the Internal Security Operations Command from amongst the public officials subsidiary to the Internal Security Operations Command or from amongst other state authorities as he finds suitable, having regard to the structure of and division into internal sub-entities of the Internal Security Operations Command.
The Chief of Staff of the Royal Thai Army shall be the Secretary General of the Internal Security Operations Command, having the duty to be responsible for the directing affairs and administrative affairs of the Internal Security Operations Command.
The Deputy Director, Assistant Directors, and Secretary General of the Internal Security Operations Command have the power to command the public officials, officials, and employees of the Internal Security Operations Command next to the Director, and have such other powers and duties as designated by the Director.
The Director has the power to perform juristic acts, to sue, to be sued, and to carry out all actions in relation to lawsuits connected with the powers and duties of the Internal Security Operations Command. All these shall be done in the name of the Office of the Prime Minister.
The Director may, in writing, authorise the Deputy Director to perform the duties or exercise the powers under this Act on his behalf.
Section6.The Internal Security Operations Command shall be a public entity under the law on budgeting procedure and the law on treasury reserves.
Section7.The Internal Security Operations Command shall have the following powers and duties:
(1)to follow up, scrutinise, and assess the tendency of a situation which may threaten the internal security of the Kingdom and report it to the Council of Ministers for further consideration and proceedings;
(2)to direct internal security operations, for which purpose it shall have the power and duty to propose plans and guidelines for the performance of work and carrying out of actions to the Council of Ministers for consideration and approval; upon approval by the Council of Ministers, those plans and guidelines shall be observed by state agencies;
(3)to direct, coordinate, and reinforce the operations of the state agencies in relation to the execution of the plans and guidelines for the performance of work under (2), in respect of which the Council of Ministers may also authorise the Internal Security Operations Command to exercise the power to supervise the operations of the state agencies designated by the Council of Ministers;
(4)to raise public awareness about the duty to protect and preserve the Nation, religions, and the Monarch, to create love and harmony amongst the people in the Nation, and to promote public participation in the prevention and rectification of various problem which affect the internal security of the Kingdom and social peace and order;
(5)to carry out other actions as provided by the law or authorised by the Council of Ministers, National Security Council, or Prime Minister.
Section8.In addition to the authorisation under the law on national administrative organisation, the Director may authorise the Director of a Regional Internal Security Operations Command, Director of a Provincial Internal Security Operations Command, centre director, or agency chief called otherwise to exercise his powers and duties under this Act on his behalf.
Section9.For the purpose of the exercise by the Internal Security Operations Command of the powers and duties under this Act, state agencies shall send state authorities to serve at the Internal Security Operations Command as requested by the Director, and the central personnel administration organisations of the state agencies or other organisations having similar powers and duties shall provide to the state agencies which have sent state authorities to serve at the Internal Security Operations Command any substitute workforce as necessary but not exceeding the workforce sent.
Section10.There shall be a Board of the Internal Security Operations Command composed of the Prime Minister or Deputy Prime Minister authorised by the Prime Minister as Chairperson; the Minister of Defence and the Minister of Interior as Deputy Chairpersons; the Minister of Justice, the Minister of Information and Communications Technology, the Permanent Secretary to the Ministry of Defence, the Permanent Secretary to the Ministry of Foreign Affairs, the Permanent Secretary to the Ministry of Interior, the Attorney General, the Secretary General of the National Security Council, the Director of the National Intelligence Agency, the Director of the Budget Bureau, the Secretary General of the Civil Service Commission, the Secretary General of the Public Sector Development Commission, the Chief of Defence Forces, the Commander-in-Chief of the Royal Thai Army, the Commander-in-Chief of the Royal Thai Navy, the Commander-in-Chief of the Royal Thai Air Force, the Commissioner General of the Royal Thai Police, the Comptroller General, and the Director General of the Department of Special Investigation, as Members; and the Secretary General of the Internal Security Operations Command as Member and Secretary. In addition, the Director shall appoint not more than two public officials of the Internal Security Operations Command as Assistant Secretaries.
The Board shall have the powers and duties to supervise and provide advice and recommendations to the Internal Security Operations Command with respect to its performance of the work under its powers and duties, and shall also have the following powers and duties:
(1)to lay down regulations related to the directing affairs and the coordination with state agencies in relation to internal security operations;
(2)to lay down regulations related to the performance of work by the Internal Security Operations Command, Regional Internal Security Operations Commands, and Provincial Internal Security Operations Commands;
(3)to issue rules related to the budgets, finance, supplies, and management of property of the Internal Security Operations Command;
(4)to establish an advisory committee for the Internal Security Operations Command, having regard to participation of people from various sectors; the committee must at least be composed of persons with expertise or experience in the field of political science, public administration, forensic science, science and technology, protection of rights and freedoms of people, rectification of problems by peaceful means, maintenance of state security, or mass media, and shall have the duties to recommend resolutions to problems or measures for prevention of potential danger and to provide advice sought by the Board;
(5)to establish sub-boards or working groups to execute the duties assigned;
(6)to perform other duties as provided in this Act or other laws.
Section11.When internal security operations are necessary within the territory of any Army Area, the Committee may, upon recommendation from the Director, resolve to permit such Army Area to establish a Regional Internal Security Operations Command, called “RISOC” in brief.
The Regional Internal Security Operations Command is an agency directly accountable to the Internal Security Operations Command, with the Commander of that Army Area serving as the Director of the Regional Internal Security Operations Command, called “DRISOC” in brief, and having the duty to be responsible for and to support the internal security operations within the territory under the responsibility of that Army Area as authorised by the Director.
For the purpose of the performance of duties by the Regional Internal Security Operations Command, the Director shall have the power to appoint public officials and employees of the Army Area, as well as public officials, officials, and employees of the state agencies located in its territory, to serve permanently or temporarily at the Regional Internal Security Operations Command according to a proposal from the Director of the Regional Internal Security Operations Command.
The Director of the Regional Internal Security Operations Command is charge of the public officials, officials, and employees ordered to serve at the Regional Internal Security Operations Command and is responsible for the performance of public service by the Regional Internal Security Operations Command.
Structural organisation, division into sub-entities, powers and duties, workforce, and management of internal sub-entities of the Regional Internal Security Operations Command shall be as designated by the Director according to a proposal of the Director of the Regional Internal Security Operations Command.
The Internal Security Operations Command and the Army Area shall consider supporting the performance of work by the Regional Internal Security Operations Command with respect to personnel, budgets, and property, as requested by the Director of the Regional Internal Security Operations Command. In addition, the dispositions of section 9 shall apply mutatis mutandis to the Regional Internal Security Operations Command also.
Section12.For the purpose of encouraging participation in resolving problems or preventing potential danger, the Director of a Regional Internal Security Operations Command may establish an advisory committee for the Regional Internal Security Operations Command, composed of a chairperson and not more than fifteen members appointed from amongst the persons accepted and respected by the local people from every sector. The committee has the duties to recommend resolutions to problems or measures for prevention of potential danger and to provide advice sought by the Director of the Regional Internal Security Operations Command.
Section13.For the purpose of supporting, assisting, and executing the powers and duties of a Regional Internal Security Operations Command according to section 11, the Director of the Regional Internal Security Operations Command, with the approval of the Minister of Interior and the Director, may establish in a province within the territory of his Army Area a Provincial Internal Security Operations Command, called “PISOC” in brief. It is an agency directly accountable to the Regional Internal Security Operations Command and has the duty to be responsible for and to support the internal security operations within the territory under the responsibility of that province as authorised by the Director. In addition, the provincial governor shall serve as the Director of the Provincial Internal Security Operations Command, called “DPISOC” in brief, being in charge of the public officials, officials, and employees of and being responsible for the performance of public service by the Provincial Internal Security Operations Command.
Structural organisation, division into sub-entities, powers and duties, workforce, and management of internal sub-entities of the Provincial Internal Security Operations Command shall be as designated by the Director.
The Internal Security Operations Command and the province shall consider supporting the performance of work by the Provincial Internal Security Operations Command with respect to personnel, budgets, and property, as requested by the Director of the Provincial Internal Security Operations Command. In addition, the dispositions of section 9 shall apply mutatis mutandis to the Provincial Internal Security Operations Command also.
Section14.For the purpose of encouraging participation in resolving problems or preventing potential danger, the Director of a Provincial Internal Security Operations Command may establish an advisory committee for the Provincial Internal Security Operations Command, composed of a chairperson and not more than thirteen members appointed from amongst the persons accepted and respected by the local people from every sector. The committee has the duties to recommend resolutions to problems or measures for prevention of potential danger and to provide advice sought by the Director of the Provincial Internal Security Operations Command.
Section15.In the event that a situation affecting the internal security of the Kingdom occurs but it is not necessary for a state of emergency to be announced in accordance with the law on public administration in state of emergency, and such a situation is likely to last long and its rectification is subject to the powers, duties, or responsibilities of several state agencies, the Council of Ministers may resolve to authorise the Internal Security Operations Command to assume responsibilities over the prevention, suppression, termination, abatement, and rectification or mitigation of such a situation affecting the internal security of the Kingdom within the designated area and period of time. All these shall be announced for general information.
In the event that the situation under paragraph 1 has ended or can be rectified by the normal powers and duties of the responsible state agencies, the Prime Minister shall issue an announcement putting an end to the powers and duties given to the Internal Security Operations Command according to paragraph 1, and the Prime Minister shall quickly report the outcome to the House of People’s Representatives and the Senate for their information.
Section16.In carrying the actions according to the authorisation under section 15, the Internal Security Operations Command shall also have the following powers and duties:
(1)to prevent, suppress, terminate, abate, and rectify or mitigate the situation affecting the internal security of the Kingdom according to the authorisation under section 15;
(2)to produce plans for execution of (1) and propose them to the Board for approval;
(3)to supervise, follow up, and expedite the carrying out or integration of actions by the relevant state agencies and state authorities in accordance with the plans under (2);
(4)to order a state authority whose behaviour is likely to endanger the internal security of the Kingdom or obstruct the internal security operations to leave the designated area.
In producing the plans under (2), the Internal Security Operations Command shall meet and consult with the National Security Council and relevant state agencies also. And for this purpose, incident action plans shall be produced for each situation which is expected to take place.
In the event that an order under (4) has been given, the Internal Security Operations Command shall notify the state agency to which the state authority in question is attached of the order and the grounds therefor, and the state authority thus ordered shall quickly report to the state agency to which he is attached. For this purpose, the state agency to which he is attached shall order removing him from office or from serving in the area designated in the said order.
If the Internal Security Operations Command needs to exercise the powers or duties under any law which belong to or under the responsibility of any state agency for the sake of the exercise of the powers and duties under paragraph 1, the Council of Ministers shall have the power to appoint any officeholder in the Internal Security Operations Command as an officer or competent official under such law, or may resolve to require the state agency to authorise the Internal Security Operations Command to exercise the powers, duties, and responsibilities under the said law on its behalf or to participate with it in the exercise of those powers within the area and period of time designated. In this respect, criteria and conditions governing the exercise of those powers must also be designated.
Section17.In the event that it is necessary for rectification of problems arising from a situation affecting the internal security of the Kingdom in accordance with the powers and duties under section 16 in any particular area, the Director shall have the power to establish with the approval of the Board a directing centre or agency called otherwise to carry out one or several specific missions.
The structure, workforce, management, powers, and duties of and the exercise of supervision or command over the directing centre or agency called otherwise under paragraph 1 shall be as designated by the Director with the approval of the Board by means of publication in the Royal Gazette. In addition, the dispositions of section 9 apply mutatis mutandis to the centre or agency under paragraph 1, in respect of which the powers of the Director shall become the powers of the director of such centre or agency.
Section18.For the purpose of preventing, suppressing, terminating, abating, and rectifying or mitigating the situation within the area under section 15, the Director shall have the power to issue the following ordinances with the approval of the Council of Ministers:
(1)a requirement that relevant state authorities perform or refrain from any particular operation;
(2)a prohibition of entry into or an order to leave designated areas, buildings, or places during the duration of an operation, except when permitted by a competent authority or when being an exempt person;
(3)a prohibition of leaving dwelling places during the designated time;
(4)a prohibition of carrying weapons outside dwelling places;
(5)a prohibition of use of transportation routes or vehicles, or designation of conditions on the use of transportation routes or vehicles;
(6)a requirement that a person do or refrain from doing anything related to an electronic instrument or device so as to prevent danger to lives, bodies, or property of people.
The ordinances under paragraph 1 may also contain criteria, time clauses, or conditions, but these ordinances must not cause immoderate trouble to the public.
Section19.In executing the power and duty under section 16(1), the Director and the competent authorities authorised by the Director shall become superior administrative or police officials and co-inquiry officials according to the Criminal Procedure Code.
Section20.If, in the exercise of the power under section 16(1), the Internal Security Operations Command causes damage to an innocent private person, the Internal Security Operations Command shall furnish him with reasonable damages according to the criteria and conditions designated by the Council of Ministers.
Section21.Within the area where the Internal Security Operations Command is authorised by a resolution of the Council of Ministers to carry out operations according to section 15, if any person appears to have been accused of committing an offence affecting the internal security of the Kingdom as designated by the Council of Ministers but he repents thereof and surrenders himself to a competent authority, or an inquiry official holds an inquiry and finds that the person committed the offence out of misunderstanding or unawareness about the situation, and giving him an opportunity to reform himself would be beneficial to internal security operations, the inquiry official shall send to the Director the inquiry file concerning such alleged offender together with an opinion of the inquiry official.
In the event that the Director agrees with the opinion of the inquiry official, he shall forward the file, together with his opinion, to a public prosecutor for further submission of a motion to a court. Finding appropriate, the court may order the alleged offender to be sent to the Director for training at a designated place for a period of not over six months and to as well observe other conditions which the court may designate.
The court may order implementation of paragraph 2 only when the alleged offender consents to the described training and conditions.
Once the alleged offender has undergone the training and observed the conditions designated by the court as previously said, the right to criminally prosecute him shall terminate.
Section22.The competent authorities serving in the area designated in accordance with section 15 may be entitled to special emoluments designated by the Council of Ministers.
Any competent authority under paragraph 1 who suffers illness, death, infirmity, disability, or loss of organs on account of the service shall be entitled to other benefits than those designated by the law, subject to the regulations designated by the Council of Ministers.
Section23.All the ordinances, announcements, orders, or actions done under this Chapter are not subject to the law on administrative procedure.
Any case instituted in consequence of an ordinance, announcement, order, or action done under this Chapter shall be subject to the power of a court of justice. In this respect, if the court needs to consider imposing an interlocutory measure or relief according to the Civil Procedure Code or Criminal Procedure Code, as the case may be, the court shall also summon the officer or competent authority who issued the ordinance, announcement, or order or performed the action in question to appear and explain facts, provide reports, or demonstrate reasons in support of the exercise of consideration for imposition of the said interlocutory measure or relief.
Section24.Whoever contravenes an ordinance issued in accordance with section 18(2), (3), (4), (5), or (6), shall be punished with imprisonment of not over one year, or a fine of not over twenty thousand baht, or both the imprisonment and the fine.
Section25.The activities, property, budgets, debts, rights, public officials, officials, employees, and workforce of the Domestic Security Operations Command under the Order of the Office of the Prime Minister No 205/2549 regarding establishment of a Domestic Security Operations Command, dated 30 October 2549 BE, shall all be transferred to the Internal Security Operations Command under this Act.
Section26.The Southern Border Provinces Administration Centre and the Civilian, Police, and Military Joint Command established by the Order of the Office of the Prime Minister No 207/2549 regarding public administration in southern border provinces, dated 30 October 2549 BE, shall become directing centres or agencies called otherwise established under section 17 of this Act.
Countersignature
General Surayud Chulanont
Prime Minister
Note: The grounds for promulgation of this Act are as follows: At present, the security-related problems caused by certain persons or groups of persons are characterised by diversity, severity, rapidity, ability to expand to the extent causing widescale impact, and intricacy which is likely to affect independence and territorial integrity, bring about unrest in the Country, and endanger public tranquillity. Accordingly, in order to enable timely prevention and suppression of the danger that has taken place, it is appropriate to create a key operating unit responsible for internal security operations, integration and coordination of performance with every public entity, and promotion of public participation in the prevention and maintenance of security and reinforcement of local strength for prevention of danger on normal occasions and on the occasions where situations likely to endanger the security of any locality occur, as well as to designate specific measures and mechanisms for control of the exercise of powers as per the levels of severity of the situations, with a view to coping therewith in an effective and uniform manner. It is therefore necessary to enact this Act.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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