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)

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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
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

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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