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06BANGKOK3790 ATTORNEY GENERAL SAYS: “OFF WITH EVERYBODY’S HEAD!

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“69485”,”6/27/2006 11:14″,”06BANGKOK3790″,

 

“Embassy Bangkok”,”CONFIDENTIAL”,

“06BANGKOK3745″,”VZCZCXRO1558

OO RUEHCHI RUEHDT RUEHHM

DE RUEHBK #3790/01 1781114

ZNY CCCCC ZZH

O 271114Z JUN 06

FM AMEMBASSY BANGKOK

TO RUEHC/SECSTATE WASHDC IMMEDIATE 9734

INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS

RHEFDIA/DIA WASHDC

RHHMUNA/HQ USPACOM HONOLULU HI

RHHMUNA/CDR USPACOM HONOLULU HI

RHFJSCC/COMMARFORPAC”,”C O N F I D E N T I A L

SECTION 01 OF 02 BANGKOK 003790

 

SIPDIS

 

SIPDIS

 

E.O. 12958: DECL: 06/26/2016

TAGS: PGOV, PHUM, TH

SUBJECT: ATTORNEY GENERAL SAYS: \’OFF WITH EVERYBODY\’S HEAD!\”

 

REF: A. BANGKOK 03745

 

B. BANGKOK 3481

 

Classified By: Political Counselor Susan M. Sutton, reason 1.4 (b) (d)

 

1. (C) SUMMARY: On June 27, the Attorney General Office

voted to recommend the dissolution of TRT to the

Constitutional Court, as expected. In a surprise move, it

made the same recommendation on the Democrat Party and three

microparties, acting overnight on the EC\’s Monday decision in

those cases. Although the AG may be able to make a good case

for its decision, there will probably be suspicions on

several grounds: the AG needed 5 days to carefully consider

the TRT case, but only a few hours to rule on the Democrats.

The Attorney General was suddenly called in to meet Thaksin

late Monday (to discuss the South, he says.) In any case,

the issue is now in the hands of the Constitutional Court,

which has tended to make decisions favorable to the PM. END

SUMMARY.

 

2. (SBU) The Office of the Attorney General recommended

today that the Constitutional Court dissolve both Thai Rak

Thai (TRT) and the Democrat Party, as well as three

microparties implicated in the TRT election fraud case. The

Attorney General decided the TRT case today, as it had

promised last week. The surprise was the addition of the

Democrat Party case and the microparties. The Election

Commission announced late Monday that it would send the

additional cases to the Attorney General that day. The Office

of AG announced Tuesday afternoon that it would forward all

the cases — TRT, Democrat and microparties — to the

Constitutional Court, concurring with the EC that all had

violated the Political Party law and should be dissolved.

The details of the TRT case have been pretty well covered in

the press (ref B). We still do not know all the details of

the case against the Democrats and the microparties. The AG

spokesman said the case against them concerned \”violating the

Constitution and carrying out actions deemed detrimental to

democracy.\”

 

BACKGROUND ON THE DEMOCRAT CASE

——————————-

 

3. (SBU) TRT filed a case with the EC against the Democrat

Party last month. The accusations were that the election

boycott and call for the King to appoint a Prime Minister

were against the Constitution. Also, a minor member of the

Democrat Party was accused of suborning one of the

microparties to frame TRT. Thaikorn Polsuwan quit the

Democrat Party in 1996 to form his own party, which failed.

He rejoined the Democrats in March this year. After the

election, he says he was approached by a member of one of the

microparties who had been paid by TRT to run. The candidate

was concerned about possible legal problems. Thaikorn told

the press that he was acting on his own when he tried to

convince the candidate to testify against TRT. The

candidate, however, had enlisted the police to have the

discussion recorded, and that recording is part of the TRT

case. Thaikorn claims that the VCD was doctored, and that,

in any case, he was acting on his own. TRT accuses him of

offering money to suborn false testimony on the instructions

of Democrat Party leaders.

 

CREDIBILITY GAP

—————

 

4. (C) The AG may make a case that this is the first time

that these provisions of the Political Party law have been

invoked (REF A), and therefore it makes sense to have the

Constitutional Court rule on all the cases that the EC has

recommended for dissolution. However, they should expect to

have a problem with the optics on this decision. In the case

of TRT, the AG received the file last Thursday, and said that

they needed several days to review the documentation.

Yesterday, the EC suddenly announced that it was sending its

recommendation to dissolve the Democrats to the AG that day,

even while one of the leading members of the EC investigating

subcommittee told the press that the investigation was not

complete and could not be submitted. Then, Thaksin called in

the Attorney General to meet with him late Monday. (The AG

insisted that they discussed on problems about the South,

nothing about the dissolution cases.) Finally, although the

AG office needed 5 days to review the TRT file, they were

ready to vote on the Democrat case overnight. Taken

altogether, this simply does not look good.

 

COMMENT

——-

 

BANGKOK 00003790 002 OF 002

 

5. (C) The AG decision today lends credence to the theory

that the fates of TRT and the Democrat Party are yoked

together. The threat to both may be used to foster some kind

of compromise solution, which is what many of our Thai

interlocutors are expecting. The Constitutional Court may be

able to look even-handed and impartial by determining that,

in both cases, the fault is with individuals, and not with

the party leadership, and therefore both parties should be

spared. It will now all come down to the Constitutional

Court — which has consistently voted in ways favorable to PM

Thaksin.

ARVIZU

Written by thaicables

July 12, 2011 at 4:56 am

Posted in Confidential, Court

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