In the event that local police consider any assembly as a violation of the stated conditions, the police must first ask the protesters to disperse. If the protesters do not comply, the police need to seek a civil court’s permission to force the protesters to disperse. Violators of these provisions face a prison term of up to six months and a fine of up to 10,000 baht, or both. To date, at least 20 people have been charged for violating these conditions. Mostly they were charged for not informing the police in advance, using amplifiers without permission, or organising an assembly in a restricted area. These are offences with low penalties. the Bangkok Arts and Cultural Centre on 23 May 2014. The protest consisted of 500 members of the public but the officers claimed that Apichat stood out because he was holding a paper sign and shouting loudly. Apichat was also charged with violating Section 216 of the Criminal Code for failing to disperse after authorities had ordered the assembly to do so. The case is still ongoing in the Court of Appeal. The problems of the enforcement of NCPO orders Chainarin was charged under Announcement No. 7/2014 for a public assembly at the Siam Paragon shopping mall, displaying a sign stating “The coup makers fear A4 paper, [the] A4 paper is coming to you now”, and reading a poem critical of the May 2014 coup. He was also charged under Section 215 of the Criminal Code. Chainarin was then taken to military court in Bangkok where he confessed. The court sentenced him to three months in prison with suspension and a 5,000 baht fine. NCPO Announcement No. 7/2014 was issued almost immediately after the military staged a coup on 22 May 2014. Its aim was to disperse all the political demonstrations that lasted for months before the coup and caused chaos within the country. And the NCPO also needed the power to control dissent and prohibit people from opposing the unlawful coup. However, the announcement has never been abolished or amended until today. After martial law was lifted on 1 April 2015, Head of NCPO Order No. 3/2015 was issued to give special power to military officers instead of the martial law. The provision to prohibit political gatherings was also prescribed in Article 12 with half the penalty rate. Therefore, it was confusing since the NCPO had two provisions that ban political gatherings at the same time. In practice, after 1 April 2015, Head of NCPO Order No.3/2015 was used by security officers to prohibit all kinds of gatherings including academic seminars or discussions on other social issues. People who defy these orders and gather under the NCPO regime can also be arrested and taken to an “attitude adjustment” programme, and if they comply, the NCPO can release them without charges. However, there are at least 278 people who were charged for defying NCPO Announcement No. 7/2014 and Head of NCPO Order No.3/2015. The cases of defying any NCPO orders or announcements are all taken to military courts. Case study 1: Apichat41 Apichat was arrested and charged with violating Announcement No. 7/2014 for participating in a protest against the May 2014 coup in front of 41 “Apichat: Protest Against the Coup”. Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/ case/679#detail Case study 2: Chainarin42 Case study 3: Seven Dao Din activists43 On 22 May 2015, seven student activists from Khon Kaen University, members of the community rights activist group Dao Din, were arrested and charged under Order No. 3/2015 for gathering at the Khon Kaen Democracy Monument and displaying a banner protesting the May 2014 coup, on the anniversary of the coup. They were all charged on the day of arrest. All of them declared civil disobedience by not reporting or participating in the process under the NCPO orders. One of them was already arrested and prosecuted. The case is still ongoing in the Khon Kaen military court. Case study 4: Natchacha and Thatchapong44 A total of 38 activists were arrested for participating in a symbolic assembly in front of the Bangkok Arts and Cultural Centre on the 42 “Chainarin : Defying the NCPO order and Ciminal Code Article 215”. Freedom of Expression Documentation Centre. https://freedom. ilaw.or.th/en/case/610#detail 43 “7 Dao Din: Hold Banner against the Coup”. Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/case/683 44 “Natchacha and Tatchapong: Took action in front of the BACC”. Freedom of Expression Documentation Centre. https://freedom. ilaw.or.th/en/case/688#detail THAILAND / 133