09BANGKOK385 2009-02-13 10:10 2010-12-01 23:11 SECRET Embassy Bangkok

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
--------------------------------------------- ------------ 

¶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
--------------------------------------------- ----- 

¶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


Source: http://cablegate.wikileaks.org/cable/2009/02/09BANGKOK385.html