EMBASSY ENGAGES THAI OFFICIALS ON SECOND BOUT

C O N F I D E N T I A L BANGKOK 000276

SIPDIS

L/LEI FOR K. WILSON AND A. RUBENSTEIN
DOJ/OIA FOR M. WARLOW

E.O. 12958: DECL: 02/02/2020
TAGS: CJAN PGOV PREL TH
SUBJECT: EMBASSY ENGAGES THAI OFFICIALS ON SECOND BOUT
INDICTMENT

REF: STATE 6901

Classified By: Deputy Chief of Mission James F. Entwistle, Reasons 1.4(
b) and (d)


1. (C) Summary: Per reftel request, we briefed officials at
the Ministry of Foreign Affairs (MFA) on January 27 and
Office of the Attorney General (OAG) on February 1 about the
existence of a second, sealed indictment and USG plans to
submit an additional extradition request for Viktor Bout.
The Thai officials expressed appreciation for the advance
notice. The MFA representatives noted that the second
indictment would form the basis of a separate treaty request
which should not affect the pending appeal of the first
extradition case involving Bout. Expressing no opinion on
its merits, the Thai prosecutors recommended that the USG
formally proceed with the extradition request to allow the
OAG to conduct a legal analysis of issues such as double
jeopardy and dual criminality, and saw no legal bar to a
successive request. Given the absence of Thai objections, we
should move ahead with the second extradition request as soon
as circumstances permit. End Summary.


2. (C) On January 27, DCM and DOJ Attach advised
Director-General Chirachai Punkrasin of the MFA's Department
of American and South Pacific Affairs and Deputy
Director-General Ittiporn Boonpracong of the MFA's Department
of Treaties and Legal Affairs about the nature of the second,
sealed indictment against Viktor Bout and USG plans to submit
an additional request for his extradition. DG Chirachai
inquired as to whether the new charges were purely criminal
or also political (presumably a reference to the FARC, which
the judge in the first case erroneously decided was a
political group),and was told that they were the former.
DDG Ittiporn opined that this indictment would be treated as
a completely separate matter under the extradition treaty,
and that a second extradition request should not affect the
timing or status of the pending appeal relating to our first
extradition request. (Note: On August 26, 2009, the RTG
appealed the lower court's decision denying the USG's
extradition request for Bout on charges that he conspired to
kill U.S. nationals and officers; acquire and use
anti-aircraft missiles; and provide material support to the
FARC.) Both officials indicated that timing and other
procedural matters would be best addressed by the OAG, and
DCM assured them we would raise them in our upcoming meeting.


3. (C) On February 1, DOJ Attach raised these issues with
Director-General Sirisak Tiyaphan of the OAG's International
Affairs Department and Public Prosecutor Sopon
Kasemiboonchai, the lead prosecutor on the Bout extradition
case. DG Sirisak expressed appreciation for the advance
notice and stated that the OAG would need to review the
written request to determine whether it raised any legal
issues such as double jeopardy or dual criminality. After
consulting with one another, the prosecutors recommended that
the USG proceed with a second extradition request to allow
the OAG to formally analyze these legal questions, adding
that the U.S. could facilitate the OAG's review by providing
additional information about the second indictment prior to
the formal submission. DG Sirisak also asked how we would
react if the Court of Appeals issued a decision in the first
case while the second request was pending, and was told that
the USG would need to evaluate any decision before
responding. Finally, Prosecutor Sopon shared his view that,
although this appears to be the first time the OAG has
considered the issue of successive extradition requests,
there would be no legal bar to it.


4. (C) Given the absence of RTG objection about the second
extradition request, we should proceed as soon as case
circumstances permit.
JOHN