NO PROGRESS ON CAMBODIAN REFUGEES

C O N F I D E N T I A L BANGKOK 006797 SIPDIS E.O. 12958: DECL:10/26/2015 TAGS: PREF PHUM TH CB CAMBODIA SUBJECT: NO PROGRESS ON CAMBODIAN REFUGEES REF: A] STATE 199039 B] PHNOM PENH 0181 C] BANGKOK 6769 CLASSIFIED BY POLITICAL COUNSELOR SUSAN M. SUTTON, reason 1.4 (b0 (d) ¶1. (C) Polcouns spoke to MFA refugee contact Dusit Manapan regarding the Cambodian activists and the UNHCR request to process them for immediate resettlement. Dusit said that, after receiving calls from several embassies regarding this case yesterday, he had consulted within the MFA on the question of the Cambodian extradition request -- specifically, whether there was a 'loophole' that the RTG could use because the initial extradition request was technically incorrect. Unfortunately (and he seemed genuinely sorry) the legal department maintained that, despite the technical shortcomings, they considered that a formal extradition request had been received. ¶2. (C) Next we raised the issue of the political nature of the "crime" in question. The extradition treaty specifically states that no one may be extradited for the commission of a political offense. Dusit acknowledged this. He said that the MFA was not yet clear on the exact nature of the charge against the Cambodians, and this was one of the points that needed to be more specific in the extradition request. Dusit was not certain what the next steps would be. He thought that the MFA would probably review the request, and might be able to reject it if the crime was considered to be political. However,the decision might need to be reviewed by the court. It is unclear how long this might take. ¶3. (C) Dusit noted that PM Hun Sen would be in Bangkok next week for a regional summit meeting. This made it even harder for the Thai to treat the extradition request lightly. On the other hand, the MFA hoped that there might be an opportunity to quietly encourage the Cambodians to withdraw the request. ¶4. (C) Polcouns urged the MFA to look for a solution to this problem. Thailand had been put in an unfortunate position, and this case would provoke considerable international attention. It was in both Thailand's and Cambodia's best interests, in the end, to have the three quietly resettled somewhere. ¶5. (C) Separately, Polcouns met with UNHCR Deputy Rep. Bhairaja Panday and reviewed the options given in ref A. Panday appreciated the information. At this point, he was inclined to recommend that the three accept quick resettlement in a country that could process them expeditiously, but he took note of the other options that might be possible. Post's refugee unit is getting the biodata requested. BOYCE