Procedure Code do not exist in the Civil Procedure Code. Trials can proceed with defendants not being legally represented. As the inquiry process is a fact an inquiry, not a witness examination, the accused is not required to swear under oath. • Even though the inquiry process needs to be conducted, it can be conducted without the presence of the accused. The court can conduct the process by itself where the court acts as an injured person, an accuser, a prosecutor, an inquirer and the decision maker by itself. In the midst of long-lasting political conflict, the judiciary institution continues to exercise its power to interpret the laws, to adjudicate and to rule decisions on cases. However, there have been many cases where those holding power enact laws and implement them to suppress opposition. The court therefore has been pulled to play a part as the law enforcement institution and oftentimes the political actors claimed for their own legitimacy from the court orders. Many times in recent memory, courts’ decisions have created a big impact on Thai politics and society – For example, the decision that the election was invalid in 2014, and the decision to revoke political parties and ban more than 100 politicians from electoral rights for 10 years in 2006. Both decisions led to political dead ends and opened a walkway for military coups. During political conflict, where those with anti-­ establishment political views are prosecuted in court, discontent arises and the society begins to question the performance of the court. Offences of insult of court and contempt of court, therefore, are used against them to obstruct anti-establishment movements and restrict criticism and verbal attack against the court by people who are politically suppressed. Case study 1: Sudsa-nguan Sutheesorn54 Sudsa-nguan Sutheesorn, Picha Wijitsilp and Darunee Kritboonyalai were sentenced to a month of imprisonment after being found guilty by the Supreme Court under “contempt of court” on 8 November 2016. The three individuals led a protest in front of the Civil Court on 21 February 2014 to protest the decision of the Civil Court in invoking the Emergency Law declaration. The protesters laid a wreath of flowers in front 54 “Case: Sudsanguan: Protested in front of Civil Court”. Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/ case/754 of the Civil Court with a message reading “for the injustice of the Civil Court.” The Supreme Court’s reasoning for the judgement was that the act of the three defendants in assembling a group of protesters outside the Civil Court was an attempt to pressure the Court and sabotage the judiciary. The Supreme Court opined that this act could deprive the court of its impartiality as it could be pressured to make a judgement that the protesters view favourably. Case study 2: Seven activists55 Benjamas (a pseudonym), Narongrith, Panupong, Akhom, Payu and Sirawith were charged with contempt for participating in an organised symbolic activity outside the fence of Khon Kaen Provincial Court to show their support toward a defendant (Jatupat “Pai Dao Din”) in a lèse majesté case. The protestors used pieces of wood to imitate a tilted scale, with a military boot hanging on one side and an empty bucket on the other. There was also the reading of a statement, song singing, and encouragement to lay down a white rose on the base of the scale. Sirawith was given a suspended sentence of six months in prison and a 500 baht fine, while the other six activists were given one year of probation and 24 hours of community service. Case study 3: Wattana Muangsook56 Wattana Muangsuk, a former MP from the Pheu Thai Party, was given a suspended sentence of two years and fined 500 baht for conducting a Facebook Live transmission while he was detained in the detention room of the Criminal Court. Wattana was brought to obtain pre-trial detention for his sedition case, which was due to a Facebook post calling for support on the Yingluck Shinawatra rice-pledging scheme case. The cause of his contempt of court was not the content of what he said in the live feed but because he defied the court’s regulation that photos or videos are prohibited in the court building without permission. 55 “Case: Contempt of Court case against activists (Khon kaen Provincial Court)”. Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/case/772 56 “Case:Wattana: Contempt of Court by Facebook Live”, Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/ case/802 THAILAND / 137