one-year anniversary of the May 2014 coup.
All of them were released the next morning
but later nine of them were summoned to be
charged under Announcement No. 7/2014.
Seven of them declared civil disobedience by not
reporting or participating in the process under
the NCPO orders. But two persons decided to
cooperate and fight the case. The case is still
ongoing in the military court.
Case study 5: Resistant Citizen group45
Anon Nampa, Pansak Srithep, Wannakiat
Choosuwan and Sirawith Sereethivat were
charged under Announcement No. 7/2014 for
participating in a symbolic activity called “My
Dear Election” in front of the Bangkok Arts
and Cultural Centre on 14 February 2015. The
assembly was considered as a political activity
since it talked about an election. The case is still
ongoing in the military court.
Case study 6: Eight academics46
Eight academics were accused of defying
Head of NCPO Order No. 3/2015 after they
delivered a statement titled “Universities Are
Not Military Camps” at a hotel in Chiang Mai to
protest against Gen. Prayuth’s speech accusing
university lecturers of teaching students the
subject of democracy. Later, six academics
reported to the commander of the military
unit in Chiang Mai and signed a memorandum
of understanding in which they agreed to not
participate in any political movement. The
charges against those six academics, therefore,
were withdrawn.
Case study 7: Ratchaburi Referendum
Monitoring Center
On 19 June 2016, the United Front for Democracy
against Dictatorship (red shirt movement)
prepared for the opening of the Center for
Referendum Watch nationwide to monitor
possible fraud in the 7 August 2016 military-run
45 “My Dear Election”. Freedom of Expression Documentation Centre.
https://freedom.ilaw.or.th/en/case/658
46 “Academics delivered a statement titled ‘Universities Are Not
Military Camps’”. Freedom of Expression Documentation Centre.
https://freedom.ilaw.or.th/en/case/700
constitutional referendum. One of the centres was
set up in Banpong district of Ratchaburi province.
Around 20 persons came to take a picture with a
banner of the centre. Even though the activity at
Banpong ran smoothly without intervention from
the authorities, such as in other provinces, later
on someone went to report the case to the police.
As a result, 18 individuals were summoned to
acknowledge the charges under Head of NCPO
Order No. 3/2015. All the persons accused denied
the charges, and they were released on the same
day without depositing bail bonds.
The problems of the enforcement of the Public
Assembly Act
There were many discussions on a public assembly
law for almost 10 years before the Public Assembly
Act 2015 was passed by the junta-appointed parliament, the National Legislative Assembly. At the
early stage of its enforcement, many groups and
movements did not know that it existed, as there
was no public participation during the drafting and
consideration process. Some of them were prohibited from gathering, some were arrested and charged.
After news reports on the charges, the wider public
acknowledged the existence of the new law.
However, since the act is quite new, there is no
legal precedent from the court to interpret the provisions and low-level officers do not understand the law
thoroughly. There are some provisions that are still
debatable with regard to their interpretation such as
the definition of “public spaces” or the “royal county”.
In practice, assemblies on political and non-political issues are treated differently. In one instance,
even though the organisers informed the local
police 24 hours in advance and complied with all
conditions under this Act, political activities were
still banned claiming the power of Head of NCPO
Order No. 3/2015. The non-political activities were
allowed to proceed except for an assembly near the
parliament or government house, on the grounds
that it was the “royal county” area.
Case study 1: “Just Standing” activity47
On 27 April 2016, the police arrested 16
individuals, including human rights lawyer Anon
Nampa, for participating in a peaceful symbolic
47 “Anon: Just standing (second case)”. Freedom of Expression
Documentation Centre. https://freedom.ilaw.or.th/en/
case/759#uploads
134 / Unshackling Expression