Anti-terrorism Legislation in Thailand
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Anti-terrorism Legislation in Thailand

A slight break from the election news.
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/>In 2003, Thailand made changes to its Criminal Code to include new anti-terrorism provisions to comply with UN Security Council Resolution 1373.
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/>I have yet to find a professional and reasonably coherent translation of the anti-terrorism provisions on the internet or in paper format so have done my own translation below. The original version in Thai is available from the Council of State website. An unofficial translation, which I think is poorly done is available here (Warning. MS Word DOC) – it seems to be a translation that the Council of State has done as I have seen the same translation used by the Thai government in a submission to the UN). Hopefully, this will be useful to anyone wanting to study what the Thai provisions provide.
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/>If anyone finds any mistakes, please comment. Analysis of the provisions will follow sometime in the future.
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/>I used square brackets [] to indicate when I am adding words which are not in the Thai version, but are either implied or are necessary in English for it to be gramatically correct. Unfortunately, legal drafting in Thailand leads much to be desired.
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/>Offences Relating to Terrorism

Section 135/1 A person commits an act which is a criminal offence [if they commit one] of the following:

(1) [The person] commits an act of violence, or commits any act which causes harm to [a person’s] life, or serious harm to [a person’s] body, or the liberty of any person,

(2) [The person] commits an act causing serious damage to a public transportation system, a telecommunications system, or to any infrastructure which has a public benefit, [or]

(3) [The person] commits an act causing damage to the property of any state, or of any person, or to the environment which has caused or is likely to cause significant economic damage.

If such acts are committed with the intention to threaten, or to compel the Thai Government, a foreign government, or an international organisation to do or abstain from doing any act which will cause serious damage or to cause disorder by creating widespread fear among the public [then] that person has committed a terrorist act.

[That person] shall be punished by death, life imprisonment or a term of imprisonment between three years to twenty years, and a fine between 60,000 Baht to 1,000,000 Baht.

Any act of demonstrating, rallying, protesting, opposing or [being part of a] movement to demand the state to assist or to obtain justice, which is an exercise of [a person’s] liberty as prescribed in the Constitution, is not a terrorist act

Section 135/2 A person who:

(1) Threatens to commit a terrorist act by [showing] behaviour which is convincing enough to believe that the person will actually do as threatened, or

(2) Mobilises people or weapons, procures or collects property, gives or receives terrorist training, makes any other preparations or conspires with others to commit a terrorist act or any offence which is a part of plan to commit a terrorist act or incite the public [any person] to participate in a terrorist act, or knows that a person will commit a terrorist act [and] does some act to help to conceal it.

That person shall be punished with a term of imprisonment between two years to ten years, and a fine between 40,000 Baht to 200,000 Baht.

Section 135/3 A person who is a supporter [or accessory] of the commission of an offence in Section 135/1 or Section 135/2 shall receive the same punishment as the principal offender.

Section 135/4 Where there is a United Nations Security Council resolution or an announcement prescribing that a group of persons [organisation]* have committed terrorist acts and the Thai government have announced the certification of the resolution or announcement, then a person who is a member of that movement shall be punished with a term of imprisonment not exceeding seven years and fine not exceeding 140,000 Baht.
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/>* In English, the word organisation is more commonly used, but in Thai, it is a group of persons which is less formal and much broader than an organisation.