AL THA 8/2024: The Death in Custody of “Bung” Natiporn Sanesangkhom

Information on the Victim

• “Bung” Natiporn Sanesangkhom was a 28-year-old pro-democracy activist and member of the Thaluwang group.

 

• Since 2017, Bung had been actively engaged in activism on student rights and LGBTI issues, including raising funds to support youth pro-democracy movements.

 

• At the time of her death, she faced two pending cases under Section 112 of the Criminal Code at the stage of evidence examination. Bung had been detained from 27 January 2024 until 14 May 2024, when she suffered acute cardiac arrest and passed away at the age of 28.

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Information on Violations of Rights

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Case 1 (Black Case No. 765/2565)

• On 7 February 2022 at 7:46 PM, the “Thaluwang – ThaluWang” group posted a message on Facebook inviting the public to join the activity “Do you think the royal motorcade causes trouble?” on 8 February 2022 at 5:00 PM at Siam Paragon shopping mall.

 

• On 8 February 2022, Bung participated in an activity organized by Thaluwang, alongside Tantawan Tuatulanon and “Baipor.” The activity asked the public, “Do you think the royal motorcade causes trouble?” by inviting participants to place green stickers in one of two sections labeled “Troublesome” or “Not Troublesome.” Bung gradually joined the activity as it moved to various locations, including an attempt to hold the event in front of Srapathum Palace. Officials reported that participants pushed police barriers. Pol. Col. Phansa Amarapithak, Superintendent of Pathumwan Police Station, ordered the participants to leave the area, but the activity continued in violation of the order. Some attendees insulted the police before dispersing.

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Arrest and Charges

• On 10 March 2022, Bung was charged with three counts: lèse-majesté, sedition, and “jointly disobeying an official’s order” under Sections 112, 116, and 368 of the Criminal Code. The circumstances of the charges did not clearly specify which parts of the activity were alleged to constitute offenses under Sections 112 and 116.

 

• Following the charges and the police report, the investigating officer indicated that they would request the detention of all five suspects, including Bung, even though the suspects had complied with the summons and had not attempted to abscond. After the inquiry, the court ordered the detention of all five suspects as requested by the investigating officer. The lawyer subsequently submitted a request for their temporary release.

 

• At 4:30 PM, the court granted bail for all five activists, requiring a surety of 200,000 Baht and imposing four conditions:

1. 1. Prohibited from engaging in any activity or act that may be deemed detrimental to the monarchy.
   2. Prohibited from posting invitations, incitement, provocation, or persuading the public to participate in assemblies on social media, or participating in assemblies that may cause chaos in the country.
   3. Prohibited from traveling outside the Kingdom without court permission.
   4. Required to wear an electronic monitoring (EM) device.

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Bail Revocation and Detention

• On 13 March 2022, Bung and other activists conducted a poll titled “Are you willing to give your house to the royal family?” in front of the Victory Monument.

 

• On 3 May 2022, the Bangkok South Criminal Court revoked the bail of Bung and Baipor in the earlier lèse-majesté case related to the royal motorcade poll. The court cited their participation in the “Are you willing to give your house to the royal family?” poll as having caused chaos in the country, thereby violating their bail conditions.

 

1. Between 3 May and 4 August 2022, Bung and Baipor were detained at the Central Women’s Correctional Institution. During their detention, they went on a hunger strike to protest the court’s repeated refusal of bail. After their eighth bail request, they were granted release, ending a 64-day hunger strike. The bail conditions included:

   1. Prohibited from engaging in any activity or act deemed detrimental to the monarchy.

   2. Prohibited from traveling outside the Kingdom without court permission.

   3. Prohibited from leaving their residence between 7:00 PM and 6:00 AM without court permission.

   4. Required to report to the court every 30 days.

 

• On 6 August 2023, Bung participated in an assembly and spray-painted the front of the Ministry of Culture, demanding the removal of Senator Naowarat Pongpaiboon from the title of National Artist.

 

• On 26 January 2024, the Bangkok South Criminal Court revoked Bung’s bail in the lèse-majesté case related to the royal motorcade poll, citing her participation in the assembly and spray-painting at the Ministry of Culture in 2023. The court determined that Bung had spray-painted the Royal Standard of Her Majesty the Queen, which could cause damage to the monarchy, thereby violating her bail conditions. In addition, the court imposed a one-month prison sentence for contempt of court. Bung was taken into custody at the Central Women’s Correctional Institution.

 

• From 27 January to April 2024, while in custody, Bung undertook a hunger and water strike lasting no less than 65 days, making two demands:

1. 1. Reform of the justice system.

   2. That no political dissidents be detained in the future.

 

• While she was on hunger strike, Bung was first transferred to a hospital on 6 February 2024 and was moved back and forth between the correctional facility and the hospital multiple times. On 14 May 2024, at approximately 6:20 AM, she suffered acute cardiac arrest. Officials attempted resuscitation but were unsuccessful. She was transferred from the Correctional Hospital to Thammasat University Hospital at 9:30 AM; upon arrival, she had no vital signs. Her death was confirmed at 11:22 AM, at the age of 28.

 

• The autopsy report stated that Bung was admitted to the hospital without vital signs and that an endotracheal tube had been misplaced.

 

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Inquest into the Death

• On 15 May 2024, a post-mortem examination (autopsy) was performed to determine the cause of Bung’s death. According to available information, the autopsy report was still incomplete, and the public prosecutor had not yet submitted a petition to the Court of First Instance to request an inquest. Bung’s lawyers and family also faced difficulties accessing information regarding the circumstances of her death, including CCTV footage from the time she suffered cardiac arrest.

 

• On 18 June 2024, Bung’s lawyer submitted a letter to the Chief Justice of the Bangkok Criminal Court, requesting an inquest under Section 150 of the Criminal Procedure Code. This provision stipulates that when a death occurs while an individual is in official custody, the public prosecutor must submit a petition to the local Court of First Instance upon receiving the autopsy file, so that the court can conduct an inquest and issue an order specifying the identity of the deceased, where and when they died, and the cause and circumstances of death. If the death was caused by a perpetrator, the perpetrator should be identified to the extent known.

 

• On 4 November 2024, the Thanyaburi Provincial Public Prosecutor submitted the petition requesting an inquest into Bung’s death in accordance with Section 150.

 

• On 13 January 2025, the Court scheduled the first inquest hearing. The lawyer for the deceased’s relatives requested a postponement, stating that the relatives wished to review the accuracy of the petitioning party’s documentary evidence and that the petitioner had not yet submitted the witness list. The lawyer also requested the court issue summonses for Netiporn’s medical records and CCTV footage from Thammasat University Hospital and the Correctional Hospital on the day of the incident. The court postponed the hearing to a readiness hearing on 3 March 2025 to set a new inquest date.

• On 3 March 2025, during the readiness hearing, the court confirmed that summonses for witnesses had been issued. However, the documentary and material evidence from the hospitals had not yet been entered into the case file, as it was still being compiled. The court allowed a further postponement, setting the inquest date for 8 April 2025.

 

• On 8 April 2025, in courtroom 15, with the petitioning public prosecutor, the deceased’s relatives’ lawyer, family members, activists, and the public attended the court in attendance, the lawyer confirmed that all requested medical reports and CCTV footage from Thammasat University Hospital and the Correctional Hospital had been received. The public prosecutor stated their intention to examine six witnesses, while the deceased’s relatives’ party intended to examine five witnesses. The inquest was scheduled for 20–21 August 2025.

 

• On 20–21 August 2025, the inquest into Bung’s death was conducted at Thanyaburi Provincial Court, courtroom 15.