Case

Case name

Nueng : Defying NCPO order

Defying NCPO order 7/2014

Name of persons / Name of Media

Nueng

Status of Accused

Sentence suspended

Offense / order

Defying NCPO order 7/2014

Summary

Nueng was arrest on 19 October 2014 from Bang Pai Temple where the funeral of Apiwan were held. The officer got his pictures at Victory Monument where people protested against the coup on 28 May 2014.

Basic information

Background of accused

Nhueng while being arrested was 28 years old and was pending to be a security guard; he was unemployed.

Form of restriction on freedom

Charge filed
Type of media

Public Assembly
Province

Bangkok
Court

Military Court Bangkok

Details of offence according to charge

Nhueng was accused of participating in the rallies against the coup at the Victory monument on May 28, 2014. Soldiers and police officers had possessed a photo of Nhueng and other demonstrators spraying colors on the a soldiers’ humvee which were parked at the monument on the same side as Phong Lee restaurant.

According to the request for a provisional detention on October 21, 2014, Nhueng was charged of defying the announcement of the National Council of Peace and Order no.7/2557 which states to prohibit political gatherings of more than 5 people.

Circumstance of arrest

On October 19, 2014, Nhueng participated in the funeral rites of Col. Apiwan Wiriyachai, former vice chairman of the House of Representatives and former Pheu Thai MP at Wat Bang Pai in Nonthaburi Province. Around 8 PM while Nhueng was heading back, he asked other funeral participants for a ride. Then 4 soldiers in uniform, who were at that time on duty to secure the funeral, had approached and arrested him without indicating reasons or accusation of the arrest.

Progress of case

October 19, 2014

Nhueng was arrested from the area of Wat Bang Pai in Nonthaburi and taken to Phayathai police station. Around midnight, a number of soldiers took Nhueng to a military camp for detention without notifying him about the location. They only told him that they would take him back for an interrogation on the next day and he would be held at the military court.

October 20, 2014

Nhueng’s elder brother went to Phayathai police station waiting for Nhueng all day long, but he did not show up. While his lawyer travelled to Bangkok military court in order to request for a bail, but again Nhueng did not appear.

October 21, 2014

In the late morning, soldiers took Nhueng to Phayathai police station in order to inform his accusation of violating the announcement of NCPO no.7/2557 to ban the political gatherings of more than 5 people, and to interrogate him. Initially, Nhueng admitted in the inquiry level that he had collaborated in the rallies which appeared in the photo evidence. The photo shows Nhueng and other participants were besetting a humvee at the Victory monument. A lawyer from Thai Lawyers for human rights arrived Phayathai police station after the inquiry was finished. However, the arrest record indicated that the offender was detained due to the announcement of the martial law, but not arrested.

In the afternoon, Nhueng was taken to Bangkok military court and the inquiry officers handed a request for a 12-day detention, because the inquiry was not yet complete. Nhueng did not object and the court permitted the detention request. Afterward, Nhueng’s relatives accumulated a 20,000 baht bail and handed in. The court then permitted a temporary release during the inquiry.

Additional Information

Besides Nhueng, there were other demonstrators in the photo taken in the rallies at the Victory monument on May 28, 2014 and were arrested at least 2 people which identified as Sombat K. and Punmanee. Punmanee, who was in the photo, was spraying colors on the military humvee which was the same humvee that Nhueng was charged of. Thus, both of them were accused of defying the announcement of the NCPO no.7/2557 and bostructing government officers and destroying government property.

See the case of Punmanee at http://freedom.ilaw.or.th/th/case/601

and the case of Sombut K. at http://freedom.ilaw.or.th/th/case/609

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