SUPPLEMENTAL INFORMATION: HUMAN RIGHTS VETTING

C O N F I D E N T I A L BANGKOK 003799

SIPDIS

DEPARTMENT FOR EAP/BCLTV, L/EAP, EAP/RSP, L/PM, PM/ISO, INR
AND DRL

E.O. 12958: DECL: 06/09/2015
TAGS: MASS MARR MOPS PREL PHUM TH HUMAN RIGHTS VETTING
SUBJECT: SUPPLEMENTAL INFORMATION: HUMAN RIGHTS VETTING
FOR EXERCISE BALANCE TORCH 05-3

REF: A. BANGKOK 3439

B. SHAW-LAMBERT EMAILS

C. 04 BANGKOK 8237

Classified By: Political Counselor Robert J. Clarke. Reason 1.4 (a and
d)


1. (C) Ref A) requests Department action for human rights
vetting for the 5th Infantry Regiment, 5th Infantry Division
of the 4th Army of the Royal Thai Army. As noted in ref A),
the unit is scheduled to participate in Exercise Balance
Torch 05-3. The Department has requested further information
from post about the 5th Infantry Division's participation in
the October 25, 2004 incident at Tak Bai, Narathiwat
Province.


2. (U) During that incident, Thai Army and Police Units
moved to quell a demonstration by more than a thousand Thai
Muslims protesting the arrest and detention of several Thai
Muslims suspected of providing small arms to separatists. At
least seven persons died before the protests were brought
under control. Once the authorities brought the
demonstrators under control, the security forces rounded up
about 1,370 of the protesters, loaded them into trucks, and
moved them to Ingkayuth military camp in Pattani Province.
As dusk approached, the last of the protesters shipped to
Ingkayuth were stacked into overcrowded trucks by poorly
supervised security personnel, resulting in the deaths by
crushing and suffocation of 78 detainees. Prime Minister
Thaksin Shinawatra appointed an independent commission to
investigate the incident. In April 2005, that commission
determined that the former Commanding Officer of the 4th
Army's 5th Infantry Division, Major General Chalermchai
Wiroonphet, among others was guilty of negligence in the Tak
Bai incident for having left the scene of the round-up
without an acceptable excuse. Major General Sinchai
Nutsatit, the then deputy-Commander of the Fourth Army
Region, was also found negligent for not taking appropriate
action against officers tasked with transporting the
detainees. The commission did not/not find any of the units
involved in the incident guilty of human rights abuses.


3. (C) Post has utilized all available local resources to
clarify the role in Tak Bai of Thai units recommended for
training. In order to better respond to Washington's
inquiry, PolMilOff and JUSMAGTHAI Chief have both again
reviewed video footage taken of the demonstration and the
roundup of suspects (description of that footage reported ref
C). That footage shows Thai soldiers from at least four
military units and two police units responding to the
demonstration and rounding up suspects. Video shows security
forces using water cannon and tear gas as well as a great
deal of firing into the air to stop the demonstrators.
Footage shows mixed units of military and police responding
to the demonstration, sometimes under the command of a
military officer, sometimes under the command of a police
officer.


4. (C) Although video shows some suspects with hands tied
behind their backs made to crawl to waiting trucks and other
footage shows suspects being hit by baton wielding soldiers,
the footage does not/not show clear evidence of gross human
rights violations carried out by units in an organized
fashion. Post has also confirmed that elements of the 5th
Infantry Regiment were among those troops involved at Tak
Bai. Post has no/no indication of the unit affiliation of
the troops who loaded into trucks the detainees who died.
Indications are that the actual loading of trucks was done on
an ad hoc basis with no one unit having overall
responsibility.


5. (C) Although seven protesters died during this initial
phase of the operation, our viewing of the video footage
supports claims by Thai officials that the most serious
rights violations associated with the Tak Bai incident took
place during the transportation of suspects, not during the
actions to bring the demonstration itself under control. The
Embassy assessment is that the fatalities incurred during the
transport of the suspects were caused by negligence, lack of
oversight, poor training and gross stupidity by Thai officers
on the scene, not by any plan within parts of the Thai
military to kill suspects. In November 2004, initial
analysis by Embassy officials led Post and JUSMAGTHAI to
request Washington for funds, experts and permission to
improve human rights training for senior Thai officials,
mid-level officers and enlisted personnel -- including 4th
Army's 5th Infantry Division -- who will be rotating to
Southern Thailand.
BOYCE