DIPLOMATIC CORPS BRIEFING ON THAI TRIBUNAL DECISION

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 003091

SIPDIS

SIPDIS

DEPT FOR EAP/MLS
NSC FOR MORROW

E.O. 12958: DECL: 06/05/2017
TAGS: PGOV PREL KDEM TH
SUBJECT: DIPLOMATIC CORPS BRIEFING ON THAI TRIBUNAL DECISION

REF: A. BANGKOK 03058 (AMNESTY FOR THAI RAK THAI? TRIAL
BALLOON POPS)

B. BANGKOK 2994 (TRT DISSOLVED)

C. BANGKOK 2993 (DEMOCRAT PARTY CLEARED)

Classified By: Politicial Counselor Susan M. Sutton. Reason 1.4 (b,d)


1. (SBU) In a briefing for the diplomatic corps on June 5,
Ministry of Foreign Affairs (MFA) Permanent Secretary Virasak
Futrakul affirmed that Thailand "is a nation of laws" and
that the recent (ref B) Constitutional Tribunal case
dissolving ousted PM Thaksin's Thai Rak Thai (TRT) party and
banning its leaders from running for office for five years
was consistent with Thai law and would not lead to delays in
the return to democracy. Ministry of Justice Permanent
Secretary Jaran Pakdithanakul, who also serves as deputy

SIPDIS
chair of the Constitutional Drafting Committee (CDC),
followed by offering a detailed defense of the court case.
Jaran explained that the Constitutional Tribunal was widely
viewed as impartial and professional. No outside pressure or
intervention influenced the judges' decision. The charges
against both TRT and the Democrat party were filed before the
September 2006 coup. According to Jaran, the judges were
unanimous in their finding of the facts of the case: that TRT
leaders violated election law.


2. (SBU) Jaran acknowledged debate within the legal
community--and the Tribunal--over TRT's punishment. While
election laws under the 1997 constitution provided for the
dissolution of a political party guilty of legal violations,
the revocation of certain political rights (voting, running
for office) from 111 members of TRT's executive board was
established after the coup by the military leadership. Jaran
admitted that this was a retroactive application of the law,
but argued that, since this was not a criminal legal issue,
it did not violate international legal norms.


3. (SBU) In response to questions from foreign envoys, Jaran
denied that legal appeal of the ruling was possible and
voiced his opinion that any amnesty (a topic briefly broached
over the weekend; ref A) would not be "the best result for
the country." The Tribunal's decision was a firm warning
that "political misconduct does not pay." Jaran also
explained that the 111 TRT leaders cannot run for office,
vote or serve as leaders of a political party, but they will
be able to participate in politics. Virasak added that those
punished would also have full "freedom of expression."


4. (SBU) Jaran likewise denied that the dissolution of the
country's largest party and the removal of over a hundred top
political leaders would undercut the effectiveness of Thai
democracy in the election tentatively scheduled for later
this year. "This may be an opportunity" for Thai democracy
now that a new generation of leaders and several smaller (and
in some cases older) parties have a better chance to win
election. Virasak added that TRT's flagrant violation of
election laws--as detailed by the Tribunal--was hardly
evidence of healthy democratic behavior.


5. (SBU) Following a lengthy description of the process for
TRT supporters to register a new political party, Jaran
confirmed that the government is considering lifting the ban
on political activities established in post-coup
Announcements 15 and 27. He denied public speculation that
such a move could result in amnesty for TRT leaders--the
article providing for their punishment by the Tribunal would
not be lifted. Jaran said that lifting the broader ban on
political activities by all parties would allow the country's
politicians to prepare for the upcoming election "to be held
December 16 or 23 at the latest." Echoing reports in this
morning's newspapers, Jaran said if the referendum on the new
constitution was moved from September to August 19, that
could result in even earlier elections.

COMMENT
--------------

6. (C) As boilerplate as portions of the briefing were, the
overall tone was consistent with MFA's defensive message
since September 2006: we had a coup because Thaksin was bad,

BANGKOK 00003091 002 OF 002


but we are really democratic and base our actions on the rule
of law. Jaran's public mention of possible earlier
elections--while a welcome idea--does not reflect any serious
commitment to such: MFA officials present were unwilling to
confirm that this scenario is under consideration. Advancing
the date for elections is likely to become a hot topic among
the Bangkok elite, particularly once the ban on broader
political activities is lifted, but there are both practical
and political obstacles that would have to be overcome to
advance the date.
BOYCE