TAK BAI: GOVERNMENT DROPS CHARGES AGAINST

C O N F I D E N T I A L BANGKOK 006689

SIPDIS

SIPDIS

PACOM FOR FPA HUSO
NSC FOR MORROW

E.O. 12958: DECL: 11/07/2016
TAGS: PHUM PGOV TH
SUBJECT: TAK BAI: GOVERNMENT DROPS CHARGES AGAINST
PROTESTERS

REF: 2004 BANGKOK 07391 (GROWING DEATH TOLL)

Classified By: Political Counselor Susan M. Sutton


1. (U) On November 3, the Office of the Attorney General
(OAG) announced that it has dropped all charges against 81
protesters involved in the October 2004 Tak Bai
demonstrations (see reftel). The OAG cited a lack of
sufficient evidence as its rationale for dropping charges.
Initially, charges were filed against 99 protesters for
crimes ranging from obstructing government officials to
assembling to breach the peace. Since then, nine defendants
have died, nine others plead guilty and were released with 2
years probation, and over 20 suspects remain at-large.


2. (U) In April 2006, a trial began in Narathiwat provincial
court for 58 of the defendants. During the year, the trial
was delayed multiple times due to the failure of key
prosecution witnesses (including high-ranking police and
military officers) to appear in court at their designated
times. The government took no action against these witnesses
for their failure to appear in court. (Note: Over the course
of the year, two of the 58 defendants died and one additional
defendant was added to the proceedings meaning that, as of
November 3, 57 persons were standing trial. All defendants
were free on bail during the trial. End note.)


3. (U) The OAG order to drop charges is due to be received in
the Narathiwat provincial court on November 6. At that time,
the court proceedings that had been scheduled to continue
through July 2007 are expected to be canceled.


4. (C) The decision to drop charges against the Tak Bai
defendants, made on the heels of interim PM Surayud's public
apology for government abuses in the south, has been received
with general approval from human rights activists. Still,
some point out that, though this is a positive development,
it does not address the root causes of injustice in the
southern provinces. They note that none of government
security officers implicated in the deaths of protesters and
detainees during the Tak Bai incident have faced charged.
One human rights defender who is in contact with several of
the defendants' families said that there is now discussion
among the families of filing charges against the government
prosecutors and police officials who initially sought charges
against them. He observed that the government's reaction to
this potential situation will be, perhaps, a better
indication of a change in attitude toward the situation in
the south.
ARVIZU