SOUTHERN THAILAND: SOUTHERN DETAINEES RETURN HOME

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 005882 SIPDIS SIPDIS DEPT FOR EAP/MLS AND DRL, NSC FOR PHU E.O. 12958: DECL: 11/20/2017 TAGS: ASEC PGOV PHUM PINR PREL PTER TH SUBJECT: SOUTHERN THAILAND: SOUTHERN DETAINEES RETURN HOME REF: A. BANGKOK 05696 (NEW COMMANDER PLEDGES TO KEEP ARMY OUT OF POLITICS) ¶B. BANGKOK 05647 (COURTS FREE SOUTHERN THAILAND DETAINEES) ¶C. BANGKOK 05593 (THAI ARMY BARS SOUTHERN DETAINEES FROM RETURNING HOME) BANGKOK 00005882 001.2 OF 002 Classified By: Political Counselor Susan M. Sutton, reasons 1.4 (b,d). ¶1. (C) Summary: On 15 November the Thai 4th Army lifted its ban on 384 suspected militants detained in the army's "vocational training camps" from returning to their homes in Thailand's deep south. This is a clear victory for human rights advocates and the rule of law, and is an example of the type of social justice needed to quell the southern fire. Royal Thai Army (RTA) Commander in Chief General Anupong Paochinda's intervention was key to overturning the ban; we are encouraged by his decision. At the same time, we note that the RTG inability to make criminal cases against suspected insurgents may mean that potentially dangerous militants are released back into the conflict. End Summary. ¶2. (SBU) In a victory for human rights groups, on 15 November RTA 4th Army Region Commander Lieutenant General Wiroj Buacharoon lifted the Army's ban on suspected militants who had been detained in army "vocational training camps" in Ranong, Chumphon, and Sura Thani provinces, from returning to their homes. According to a spokesperson for the 4th Army, the Army lifted the ban "to promote the democratic form of government, to allow people to exercise their electoral rights, to allow people to appropriately perform their religious beliefs, and for peace and reconciliation." The spokesperson added that prior to the ban being lifted, some 22 detainees had already returned home, with the Army's permission. (Note: In mid-October, 2007, the RTA 4th Army revealed it had issued an order last July barring 384 detained suspected militants from returning to their homes in the Thailand's deep south. The Army's reason for the ban was to prevent militants, supporters from returning to the south, and was part of General Wiroj's strategy of separating militants from the population. End note.) ¶3. (C) Human rights advocates who aided detainees in contesting the Army's authority to hold them in the camps �A;have responded cautiously to this turn of events. Acknowledging the victory for human rights and rule of law, they expressed concern for the safety of those returning home and what the army may do next. A representative from Nonviolence International, one of the legal NGOs aiding the former detainees, commented to us on 19 November that "We are a bit wary of what will come next and are pretty positive this won't be the end of it." The representative said that their main goal was to strengthen due process in the judicial system. They believe they have set precedents with this case and restored some faith in the judicial system. A lawyer from the Law Society of Thailand who represented some of the former detainees in court commented that the former detainees were still on the Army's list of suspects, and she was concerned they would be blamed and detained for future acts of violence. According to Nonviolence International, the next step for the NGOs is to look at the powers the Emergency Decree grants to security forces, particularly their ability to issue arrest warrants. (Note: The Emergency Decree was enacted under the Thaksin administration to give security forces extraordinary legal powers to combat the southern insurgency. Citing powers under the emergency decree, police have rearrested several of the former detainees in Sura Thani, and flown them back to Yala province. The Yala provincial court ordered at least one of the detainees to be released again because the police do not have the power to enforce the emergency decree outside the deep south. End note.) ¶4. (C) Comment: RTA CINC General Anupong, in both private meetings with the Ambassador (ref A) and press statements, has expressed his disagreement with General Wiroj's policy of prohibiting suspected militants from returning to their homes in the deep south. Anupong's recognition that the policy was wrong, and his willingness to assert control over BANGKOK 00005882 002.2 OF 002 traditionally independent army area commanders like Wiroj, are encouraging. ¶5. (C) Comment continued: We cannot assume this move will have any appreciable effect on the violence in the south, but repeated demonstrations to southern Thai Muslims that the justice system can actually work for them could go a long ways towards separating the militants from their supporters. Unfortunately, in this case, the Thai security establishment's inability or unwillingness to build criminal cases against those it believes are involved in the insurgency may mean potentially dangerous militants are released back into the conflict. ENTWISTLE