US embassy cable - 05BANGKOK687

UNCLAS SECTION 01 OF 02 BANGKOK 000687 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR EAP, EAP/BCLTV, DRL; US PACOM FOR FPA 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PREL, TH, HUMAN RIGHTS, Southern Thailand 
SUBJECT: TAK BAI INDEPENDENT COMMISSION REPORT 
 
REF: 04 BANGKOK 8567 
 
 
 
1. (U) SUMMARY:  The Independent Commission investigating the 
October 2004 Tak Bai incident has concluded that three senior 
security officials, including the Fourth Army Commanding 
General, failed to monitor their subordinates during the 
transfer of detainees from Tak Bai to a Pattani Army camp. 
Officially seven people remain missing.  The Independent 
Commission suggested no legal action or punitive 
recommendations (in the belief that such recommendations were 
beyond its mandate), but the Government has assigned the 
Ministry of Defense to conduct a military disciplinary 
investigation of the three senior officers cited in the 
report, and ordered the Police Department to conduct a 
criminal investigation.  The Government has also established 
a committee to provide assistance and compensation to victims 
and their families.  The Thai Senate and the National Human 
Rights Commission (NHRC) have also completed similar reports 
on Tak Bai.  The Senate report describes abuses in more 
detail and calls for greater accountability. No progress in 
holding the officers accountable is expected until after the 
February general election. END SUMMARY. 
 
GENERAL PHISAN CITED FOR NEGLIGENCE; SEVEN STILL MISSING 
 
2. (U) On January 18, the Embassy received an English 
language document from the Ministry of Foreign Affairs 
entitled, &Summary of the Findings and Recommendations of 
the Independent Fact-Finding Commission on the 25 October 
2004 Incident Leading to the Death of Individuals at Tak Bai 
District, Narathiwat Province, Thailand."  A copy of the 
document was faxed to the Thai desk and to DRL on January 20, 
2005.  The 13-page report provides a general overview of 
events leading to the deaths of over 80 Muslim demonstrators 
by discussing 11 &issues for consideration.8  A large 
portion of the summary provides justification in general for 
the use of force under certain conditions and reinforces the 
authority of the Fourth Army Regional Commander, General 
Phisan Watthanwongkhiri, to take action in response to a 
violent demonstration.  A set of nine recommendations 
completes the report.  The report notes that in addition to 
the numbers previously reported as shot or killed by 
suffocation, the commission found that seven people remain 
missing. 
 
3. (U) However, the commission's report further states that 
&the commanding officers concerned (were seen) to be badly 
lacking in judgment for having failed to supervise the 
transportation of the persons in custody until its 
completion.8  The report cites 4th Army commander Gen. 
Phisan (by title and position but not by name) for having 
&failed to properly perform his duty and failed in his 
responsibility as a commander to closely monitor and 
supervise the mission he entrusted to his subordinates.8 
Major General Chaloenchai Wirunphet, Commander of the 5th 
Infantry Regiment, and cited as the officer in charge of 
crowd control at Tak Bai, is also criticized for failing to 
perform his duties responsibly. Major General Sinchai 
Nutsathi, Deputy 4th Army Commanding General, assigned to 
prepare logistics (transportation and accommodation) for the 
demonstrators, is also cited in a similar manner. 
 
THAI SENATE AND HUMAN RIGHTS COMMISSION REPORTS 
 
4. (U) Three Senate Committees also investigating the Tak Bai 
incident have released a joint report which cited more 
specific human rights abuses at Tak Bai and in its aftermath, 
including the beating and kicking of demonstrators.  The 
Senate report states that &those responsible for the 
incident must be punished through the legal system(right up 
to the highest level(8  The National Human Rights 
Commission (NHRC) also has issued a brief three-page summary 
statement, reiterating the concerns of both the Independent 
Commission and the Senate reports, but not providing details 
on human rights abuses and only generally calling on the 
Government to pay compensation to victims. 
 
FURTHER INVESTIGATIONS 
 
5. (SBU) COMMENT:  From the outset, members of the 
investigating Independent Commission were very clear: they 
would produce only a report and they had no authority to hold 
persons accountable for their actions.  Their position was: 
&It should be for the agencies tasked with the 
implementation of the judicial process to dispense justice 
for all the parties concerned.8  The Thaksin Cabinet, to its 
credit, has instructed both the military and the police to 
take up investigations of the three officers cited in the 
report.  Military disciplinary and Police criminal 
investigations have been ordered.  But with the country's 
attention captivated by post-tsunami efforts and daily 
election wrangling, further investigation and true 
accountability probably will not move forward swiftly without 
continued pressure from Thai human rights groups and civil 
society leaders.  END COMMENT. 
 
BOYCE