Viewing cable 09BANGKOK385, AMBASSADOR ENGAGES PM ABHISIT AND DEFENSE MINISTER

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S E C R E T BANGKOK 000385 

SIPDIS 

EO 12958 DECL: 02/13/2019 
TAGS PTER, KCRM, TH 
SUBJECT: AMBASSADOR ENGAGES PM ABHISIT AND DEFENSE MINISTER 
ON VIKTOR BOUT EXTRADITION CASE

Classified By: Ambassador Eric G. John, reasons 1.4 (b) and (d).

¶1. (S) Summary. During a February 12 meeting, the Ambassador raised with Prime Minister Abhisit Vejjajiva the ongoing extradition case concerning Russian international arms trafficker Viktor Bout and serious concerns that Bout’s associates had been able to influence testimony given by [xxxxxxxxxx]. Abhisit told the Ambassador that he would address any “irregularities” in the case through “appropriate channels.” The Ambassador also raised USG concerns with the xxxxxxxxx testimony during a February 13 introductory call with Defense Minister Prawit Wongsuwan. Prawit committed to looking into the testimony in order to determine the truth.

¶2. (S) Comment. Since Viktor Bout’s arrest in Bangkok almost a year ago, moving towards a successful extradition to the United States has been at the top of our bilateral agenda here. In addition to Embassy efforts over the months, President Bush raised it with then-Prime Minister Samak during his August 2008 visit to Bangkok. Overall, our sense has been that while the extradition proceedings have been painfully slow (and have required constant nurturing by our DOJ and DEA personnel every step of the way), they are moving in the direction we want. Lately, however, there have been disturbing indications that Bout’s xxxxxxxxxx and Russian supporters have been using money and influence in an attempt to block extradition. The most egregious example was the false testimony of xxxxxxxxxx that Bout was in Thailand as part of government-to-government submarine deal. Thus, we felt it was time to once again raise the matter at the top of the government and make clear that, while we understand the judicial process must take its course without political interference, we insist that the process be free of corruption and undue influence. We will continue to do so in the months ahead. We understand AG Holder may soon call the Thai AG to review the case (as previous AG Mukasey did three times in addition to his visit to Bangkok last summer). Combined with our efforts this week, the call will make for an important one-two punch. End Summary and Comment.

ABHISIT PROMISES TO LOOK INTO IRREGULARITIES IN BOUT CASE
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¶3. (S) During a February 12 meeting at the Parliament, the Ambassador raised with Prime Minister Abhisit Vejjajiva the ongoing extradition case concerning international arms trafficker Viktor Bout. (Note: Bout faces terrorism-related charges in federal court in New York for conspiring to sell millions of dollars of weapons to the FARC for use in killing Americans. He has remained in custody in Bangkok since his arrest on March 6, 2008. End note.) The Ambassador noted that, while the U.S. and Thailand enjoy a strong extradition relationship, our countries must ensure that the bilateral extradition treaty worked in our most important cases, such as those involving terrorism. In this regard, the Ambassador emphasized to Abhisit that the extradition case against Bout is a high priority for the United States. Citing the United Nations’ sanctions against Bout, the Ambassador also noted that the extradition case is one of global importance. Abhisit told that Ambassador that he believed that his office had limited means to affect ongoing extradition proceedings, stating that the judicial system was designed to afford due process to the parties and expressing an unwillingness to be seen as “overruling” this process, or “helping one side.”

¶4. (S) Expressing growing concern about the extradition proceedings, the Ambassador then described evidence showing that the extradition proceedings against Bout have become tainted as a result of the efforts by Bout’s associates to bribe Thai officials. In particular, the Ambassador detailed false testimony on Bout’s behalf from xxxxxxxxxx to the effect that Bout came to Thailand to conduct official business with the Thai government relating to a submarine project; recorded statements by a Thai associate of Bout that he had procured xxxxxxxxxx to testify on Bout’s behalf; evidence of bribery schemes gathered throughout the world; and a scheme to arrest and thereby embarrass two U.S. diplomats - i.e., DEA agents assigned to the Bout investigation - on meritless charges of participating in illegal recordings of Bout on the day of his arrest. If the xxxxxxxxxxxx false testimony remained
unrebutted, the court could possibly deny extradition based on an erroneous conclusion that RTG had legitimate dealings with Bout, a U.N.-sanctioned arms trafficker.

¶5. (S) In light of this evidence, the Ambassador asked the Prime Minster to take steps to ensure that the proceedings in Bout’s extradition case were free from the taint of bribery and corruption. In particular, the Ambassador suggested that testimony from an authoritative witness from the Royal Thai Navy or the Ministry of Defense should be offered to repudiate the xxxxxxxxxx statement and make clear that the RTG supports the extradition request. The Ambassador also reminded the PM of the recent case of Jamshid Ghassemi, in which the Thai authorities denied a U.S. extradition request under apparent pressure from Iran, and stressed the importance of avoiding a similar result here. (Note: Ghassemi is under indictment in San Diego for violations of the Arms Export Control Act and money laundering relating to his conspiracy to acquire accelerometers used in missile navigation. End note.) The Ambassador also stated that Thailand’s failure to ensure an extradition process in Bout that is free from corruption and undue influence would constitute a major setback to the bilateral relations between the U.S. and Thailand, especially in the area of law enforcement.

¶6. (S) After listening to the evidence provided by the Ambassador suggesting that bribery had infected the Bout proceedings, Abhisit committed to addressing any “irregularities” in the extradition case through the “appropriate channels.” At the conclusion of the meeting, the Prime Minister sought the identity of the individuals involved in the bribery schemes, and the DOJ Attache, who accompanied the Ambassador to the meeting, supplied an aide to the PM with the requested information.

DEFENSE MINISTER COMMITS TO LOOKING INTO TESTIMONY
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¶7. (S) During a February 13 introductory call, the Ambassador highlighted to Minister of Defense Prawit Wongsuwan the importance the USG places on the Bout extradition proceedings. The Ambassador noted that the USG understood that extradition cases take time and that the USG respected the Thai judicial system, but we were concerned about efforts by Bout to improperly influence the proceedings. Of particular concern was the false testimony by xxxxxxxxx the Ambassador told Prawit. Thexxxxxxxxxx testimony was not true and, as such, it was very important that the Thai Navy or the Ministry of Defense correct this falsehood with testimony to the court. Doing so would ensure that the proceedings were kept on track and would publicly clarify that the Thai military was not associated with a U.N.-sanctioned arms trafficker. Prawit told the Ambassador that he was unfamiliar with the case but that he would give priority to looking into the issue to determine the truth regarding the testimony ofxxxxxxxxx. The Defense Minister also committed to examining a non-paper with more details on the testimony of xxxxxxxxxxx that the DOJ Attache provided to an aide to Prawit. JOHN