Identifier
Created
Classification
Origin
09BANGKOK1549
2009-06-30 03:04:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bangkok
Cable title:
VIKTOR BOUT CASE: EMBASSY DELIVERS DIPNOTE AND
how-toVZCZCXYZ0003 OO RUEHWEB DE RUEHBK #1549 1810304 ZNR UUUUU ZZH O 300304Z JUN 09 ZDK FM AMEMBASSY BANGKOK TO RUEHC/SECSTATE WASHDC IMMEDIATE 7375 INFO RUEABND/DEA HQS WASHINGTON DC PRIORITY RUEAWJL/DEPT OF JUSTICE WASHINGTON DC PRIORITY
UNCLAS BANGKOK 001549
SENSITIVE
SIPDIS
STATE FOR L/DL AND EAP
DOJ FOR OFL
E.O. 12958: N/A
TAGS: KLIG PREL AMGT KJUS TH
SUBJECT: VIKTOR BOUT CASE: EMBASSY DELIVERS DIPNOTE AND
RETURNS COURT SUMMONS OF DEA SPECIAL AGENTS
REF: STATE 66676
UNCLAS BANGKOK 001549
SENSITIVE
SIPDIS
STATE FOR L/DL AND EAP
DOJ FOR OFL
E.O. 12958: N/A
TAGS: KLIG PREL AMGT KJUS TH
SUBJECT: VIKTOR BOUT CASE: EMBASSY DELIVERS DIPNOTE AND
RETURNS COURT SUMMONS OF DEA SPECIAL AGENTS
REF: STATE 66676
1. (SBU) SUMMARY: Per reftel instructions, the Acting Deputy
Chief of Mission (ADCM) on June 29 handed over to Ministry of
Foreign Affairs (MFA) Director of the Legal Affairs Division
Chatri Archjananun the criminal complaint and court summons
for three DEA Special Agents, which had been delivered to the
embassy. Chatri acknowledged that the documents received by
the Embassy had been improperly delivered, and said his
office would return the summons to the court informing that
delivery of the documents directly to the Embassy was a
violation of the Vienna Convention. Bout's legal team may
seek other ways to serve the papers. END SUMMARY.
2. (SBU) The ADCM engaged MFA Director Chatri on June 29 and,
per reftel's instructions, provided Chatri with the dipnote
and the criminal complaint and court summons of DEA Special
Agents Odney, Hacker, and Zachariasiewicz. ADCM conveyed
reftel's talking points, highlighting the lack of an
appropriate basis for the court to exercise jurisdiction over
the defendants, noting in particular that the DEA agents were
acting within their official duties and in cooperation with
the Royal Thai Police. Chatri commented that the documents
were served by the court contrary to Article 22 of the Vienna
Convention. The MFA planned to send the documents back to
the court and wait to see how Bout and his attorneys respond.
3. (SBU) Chatri stated that the question of jurisdiction has
to be left up to the court, but service of the summons was a
dipolomatic matter. Chatri speculated that Viktor Bout and
his legal team may subsequently ask the MFA to forward the
summons to the Embassy under a diplomatic note, which the
Embassy could refuse to accept. Alternatively, Bout could
seek the Thai Attorney General's assistance in seeking to
serve under the terms of the bilateral Mutual Legal
Assistance Treaty (MLAT). However, Chatri stated that the
Attorney General would most likely refuse to use MLAT
mechanisms on Bout's behalf.
JOHN
SENSITIVE
SIPDIS
STATE FOR L/DL AND EAP
DOJ FOR OFL
E.O. 12958: N/A
TAGS: KLIG PREL AMGT KJUS TH
SUBJECT: VIKTOR BOUT CASE: EMBASSY DELIVERS DIPNOTE AND
RETURNS COURT SUMMONS OF DEA SPECIAL AGENTS
REF: STATE 66676
1. (SBU) SUMMARY: Per reftel instructions, the Acting Deputy
Chief of Mission (ADCM) on June 29 handed over to Ministry of
Foreign Affairs (MFA) Director of the Legal Affairs Division
Chatri Archjananun the criminal complaint and court summons
for three DEA Special Agents, which had been delivered to the
embassy. Chatri acknowledged that the documents received by
the Embassy had been improperly delivered, and said his
office would return the summons to the court informing that
delivery of the documents directly to the Embassy was a
violation of the Vienna Convention. Bout's legal team may
seek other ways to serve the papers. END SUMMARY.
2. (SBU) The ADCM engaged MFA Director Chatri on June 29 and,
per reftel's instructions, provided Chatri with the dipnote
and the criminal complaint and court summons of DEA Special
Agents Odney, Hacker, and Zachariasiewicz. ADCM conveyed
reftel's talking points, highlighting the lack of an
appropriate basis for the court to exercise jurisdiction over
the defendants, noting in particular that the DEA agents were
acting within their official duties and in cooperation with
the Royal Thai Police. Chatri commented that the documents
were served by the court contrary to Article 22 of the Vienna
Convention. The MFA planned to send the documents back to
the court and wait to see how Bout and his attorneys respond.
3. (SBU) Chatri stated that the question of jurisdiction has
to be left up to the court, but service of the summons was a
dipolomatic matter. Chatri speculated that Viktor Bout and
his legal team may subsequently ask the MFA to forward the
summons to the Embassy under a diplomatic note, which the
Embassy could refuse to accept. Alternatively, Bout could
seek the Thai Attorney General's assistance in seeking to
serve under the terms of the bilateral Mutual Legal
Assistance Treaty (MLAT). However, Chatri stated that the
Attorney General would most likely refuse to use MLAT
mechanisms on Bout's behalf.
JOHN