Legal slip saved Nuling from two-year term
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Anti-coup activist Sombat "Nuling" Boonngam-anong Monday survived a penalty for violating the junta's order that he report to it.
A court ruled the announcement stipulating the penalties came after the summons request and could not be applied retroactively, said Nuling’s lawyer Pavinee Chumsri.
Pavinee, who serves as a lawyer at Thai Lawyers for Human Rights (TLHR), explained that the National Council for Peace and Order (NCPO)’s order No. 3/2014 requesting Nuling to report himself did not stipulate any penalty would be imposed if those whose names were on the list violated the order.
And the NCPO’s announcement No. 41/2014 which set out the two-year imprisonment came late after that, she said. So, the announcement No. 41/2014 could not be applied to Nuling retroactively, Pavinee said the court had ruled.
Although he survived imprisonment, Nuling was fined Bt500 for violating Article 38 of the Criminal Code for failing to observe a lawful order of a public officer, she said.
Asked if this could be standardised, that no penalties would be applied for violating the NCPO’s orders and announcement, she said no. If the action had come after the announcement of No. 41/2014, the violator would have faced punishment as stipulated under the NCPO announcement, which is the law.
All these developments came after the prosecutor had taken legal action against Nuling for violating the junta’s order and the court set out the hearing date Monday.
