THAILAND: NGO HUMAN RIGHTS WATCH ASIA HIGHLIGHTS

C O N F I D E N T I A L SECTION 01 OF 03 BANGKOK 001454

SIPDIS

DEPARTMENT FOR EAP/BCLTV, DRL; HQ USPACOM FOR FPA HUSO

E.O. 12958: DECL: 02/28/2015
TAGS: PGOV PHUM TH HUMAN RIGHTS
SUBJECT: THAILAND: NGO HUMAN RIGHTS WATCH ASIA HIGHLIGHTS
NEGATIVE TREND

REF: A) BANGKOK 1280 B) 04 BANGKOK 5360 C) BANGKOK 1375

Classified By: Classified by Political Counselor Robert J. Clarke, Reas
on: 1.4 (d)


1. (C) SUMMARY: At a hard hitting press conference on
February 24, Brad Adams, executive director of the
non-government organization Human Rights Watch Asia
(HRW-Asia),described the trend for human rights in Thailand
as "unambiguously negative." Poloff attended the press
conference, as did the international and Thai media, many of
which reported prominently on his comments. Adams urged the
Royal Thai Government (RTG) to rebuild trust by revealing the
classified contents of official investigations into the Krue
Se and Tak Bai incidents in the deep South, events in 2004
where evidence is strong of human rights abuses by security
forces against Thai Muslims. He also called for the RTG to
bring to justice those responsible for the death of Somchai
Neelapaijit, a noted Muslim human rights lawyer whom he
described as a "folk hero" in the South. Adams separately
told the Ambassador that the President of the Privy Council
has initiated a discreet dialogue with prominent academics
critical of Prime Minister Thaksin Shinawatra's approach to
the South. PM Thaksin responded sharply to criticism by the
Organization of the Islamic Conference (OIC) of on-going
violence in the South. END SUMMARY.


2. (U) On February 24, 2005, Brad Adams, executive director
of the Asia Division of Human Rights Watch (HRW),gave a
press conference at the Foreign Correspondents Club of
Thailand (FCCT). Adams pulled no punches and summarized the
trend in human rights in Thailand as "clearly and
unambiguously negative." He noted this as a particular
disappointment after the optimism generated following
Thailand's adoption of the 1997 Constitution, which contained
many provisions for improved civil and democratic rights for
the Thai people. He said the first four-year Thaksin
administration had seen a gradual erosion of democratic gains
from the previous Chuan Leekpai administration. Adams,
commenting negatively on a recently announced security zoning
plan for the three Muslim majority provinces in Thailand's
deep South (Ref A),stated that PM Thaksin needs to move from
"CEO mode to listening mode."

NEVER FORGET: FOUR AREAS THE RTG COULD ADDRESS TO BUILD TRUST


3. (U) Adams outlined four issues that he said, if addressed
squarely by the RTG, might lower tensions in Southern
Thailand. First, he urged public release of the complete
report form the Independent Commission (IC) that investigated
the attack on Krue Se Mosque on April 28, 2004 in which 32
separatist militants were killed. Adams said that, while it
is no mystery who was in command and what happened on the
ground that day, the question is open whether those
responsible be held criminally responsible for their actions.
(Note: Although not mentioned by name, Adams was referring
to General Phanlop Pinmani, Deputy Directory of the Internal
Security Operations Command (ISOC) (Ref B) End Note.)

TAK BAI SHOOTINGS


4. (U) Second, Adams recommended as a confidence building
measure release of the entire report of another Independent
Commission that investigated the October 28, 2004 incident at
Tak Bai, Narathiwat. While Adams deemed the work of this
commission as "a reasonably good job", he said that the
callous treatment of prisoners (80 of whom died by
suffocation while being transported) and the blatant firing
by security forces into the crowd, resulting in 6 known
deaths, must be addressed. He stated that the IC's
description of the use of force at Tak Bai as "reasonable"
cannot be accepted under UN or even Thai criminal procedures
for the use of force if one views the video of the
demonstrations, widely available in Thailand.

2003 DRUG WAR REPORTED EJKs


5. (U) Third, Adams warned that the issue of extra-judicial
killings (EJKs) in the 2003 war on drugs must not be allowed
to slip from the public conscience and debate on human
rights. He recalled that many international observers, when
first hearing estimates as high as 3,000 deaths during the
height of the anti-narcotics campaign, felt a sense of
cognitive dissonance--how could such a peaceful and
relatively developed country as Thailand have such a high
death toll? Adams noted that what is more alarming is the
absence of any real official investigation. He emphasized
that this permissive environment cannot be allowed to
continue. (Note: Embassy estimates of drug-related EJK
killings in the 2003 drug war are approximately 1,300. The
RTG claims to have the files open for investigating these
cases, but there is no evidence of follow up. End note.)
Adams said that, while many pointed out that PM Thaksin's
re-election was in part a vote of confidence in his ability
to deal with the drug problem and the popularity of the war
on drugs, there were no excuses for the government to ignore
the rule of law in order to expeditiously solve the drug
problem.

SOMCHAI: JUSTICE FOR A SOUTHERN FOLK HERO


6. (U) Lastly, Adams stated that Somchai Neelapaijit, the
missing Muslim lawyer and human rights activist (now presumed
dead),has become "something of a folk hero" in southern
Thailand. If the RTG wants to build trust in the southern
people, particularly southern Muslims, it must be able to
reveal the identity of and charge those responsible for his
kidnapping and death, he said. Five policemen are currently
charged with robbery and kidnapping and are free while
awaiting trial (scheduled for August 2005). Adams claimed
that clearly the RTG knows who killed Somchai, and they must
reveal this and bring them to justice.


7. (C) On the margins of the press conference, HRW staffers
told Poloff of their plans to issue a more revealing report
about the situation in southern Thailand in late March or
early April 2005. They estimated that "hundreds" are being
held as suspects in violence against civilians and government
officials, and that many are subject to mistreatment they
characterized as "torture". Asked if HRW had names of people
who may have been "disappeared", the HRW staff expressed
frustration over the difficulties of persuading victims of
abuses and their relatives to talk at that level of detail.
Adams publicly reiterated a similar feeling during the press
conference, describing a sense in affected communities that
"If they can just be quiet, then this will pass." Adams
opined that RTG security plans for the south that rely on
more military deployments and higher profile government
presence are not allowing the situation to pass and would not
work. Reflecting further on the general silence of Muslim
villagers, Adams noted, "I wonder if the government realizes
what's being offered to them" (i.e., as an low-cost
opportunity for an end to violence).

PRESIDENT OF PRIVY COUNCIL REACHES OUT DISCREETLY TO THAKSIN
CRITICS


8. (C) In a separate meeting with the Ambassador on February
23, Adams reported that some academics and human rights
activists had been approached by General Prem Tinsulanond,
former prime minister and current President of the Privy
Council, to engage in dialogue and consultations on southern
Thailand. Embassy Poloff confirmed that Professor Suricahi
Wankaew, political science professor at Chulalonkorn
University, had been approached by Prem to discuss issues in
the south confidentially, along with other members of the
Peace and Reconciliation Network. (Comment: This
development, as well as public statements by other members of
the Privy Council last week, (Ref C),are unusual for members
of this secretive royal council. End Comment.)

THAI REACTION TO OIC STATEMENT CRITICAL OF VIOLENCE IN DEEP
SOUTH


9. (U) During his weekly radio address on Saturday, February
26, Thaksin had tough remarks seemingly directed at foreign
critics of his policies. In an apparent reference to
HRW-Asia's Adams press conference and to concerns raised by
the Organization of the Islamic Conference (OIC) following a
meeting between Malaysian Prime Minister Abdulla Badawi and
OIC Secretary General Ekmeleddin Ihsanoglu, Thaksin said, "I
didn't ask them for rice to eat" and "these people are more
sympathetic towards the insurgents than the innocent
victims." The OIC Secretary General had issued a press
statement on February 21 expressing "serious dissatisfaction
at the persisting bloody acts of violence perpetrated against
Muslims in Southern Thailand." Thai Foreign Minister
Surakiart Sathirathai separately replied to the OIC statement
that Thailand would never use force to resolve problems in
the South. He was quoted as saying that the RTG would send a
copy of the Tak Bai IC report to the OIC.


10. (C) COMMENT: A team chosen by PM Thaksin has a chance to
test some of the recommendations of critics of the RTG
security approach to the deep South. On February 28, 25
members of parliament (MP) from the Thai Rak Thai (TRT)
party, led by Deputy Prime Minister Suwat Liptaphanlop, will
make a one-day fact-finding trip to Pattani, Yala and
Narathiwat provinces. According to press reports, they will
divide into three separate groups and meet with villagers
without the participation of local government and security
officials. This trip is part of a three-month "survey" of
Southern Muslim sentiments that is supposed to influence RTG
policies. It remains to be seen whether these MPs will take
Adams' advice and really shift to listening mode. They would
do a great service to Thailand if they return to the PM with
an honest assessment of villagers' concerns and persuade him
to open a meaningful dialogue with Muslims in the South, most
of whom are deeply angry over recent events stemming from
Thaksin's policies, but probably not yet radicalized. END
COMMENT.
BOYCE