US embassy cable - 05BANGKOK6797

C O N F I D E N T I A L BANGKOK 006797 
 
SIPDIS 
 
E.O. 12958:  DECL:10/26/2015 
TAGS: PREF, PHUM, TH, CB, CAMBODIA, Refugee 
SUBJECT:  NO PROGRESS ON CAMBODIAN REFUGEES 
 
REF:  A] STATE 199039  B] PHNOM PENH 0181  C] BANGKOK 6769 
 
CLASSIFIED BY POLITICAL COUNSELOR SUSAN M. SUTTON, reason 
1.4 (b0 (d) 
 
1. (C)  Polcouns spoke to MFA refugee contact Dusit Manapan 
regarding the Cambodian activists and the UNHCR request to 
process them for immediate resettlement.  Dusit said that, 
after receiving calls from several embassies regarding this 
case yesterday, he had consulted within the MFA on the 
question of the Cambodian extradition request -- 
specifically, whether there was a 'loophole' that the RTG 
could use because the initial extradition request was 
technically incorrect.  Unfortunately (and he seemed 
genuinely sorry) the legal department maintained that, 
despite the technical shortcomings, they considered that a 
formal extradition request had been received. 
 
2. (C) Next we raised the issue of the political nature of 
the "crime" in question.  The extradition treaty 
specifically states that no one may be extradited for the 
commission of a political offense.  Dusit acknowledged 
this.  He said that the MFA was not yet clear on the exact 
nature of the charge against the Cambodians, and this was 
one of the points that needed to be more specific in the 
extradition request.  Dusit was not certain what the next 
steps would be. He thought that the MFA would probably 
review the request, and might be able to reject it if the 
crime was considered to be political.  However,the decision 
might need to be reviewed by the court.  It is unclear how 
long this might take. 
 
3. (C) Dusit noted that PM Hun Sen would be in Bangkok next 
week for a regional summit meeting.  This made it even 
harder for the Thai to treat the extradition request 
lightly.   On the other hand, the MFA hoped that there 
might be an opportunity to quietly encourage the Cambodians 
to withdraw the request. 
 
4. (C) Polcouns urged the MFA to look for a solution to 
this problem. Thailand had been put in an unfortunate 
position, and this case would provoke considerable 
international attention.  It was in both Thailand's and 
Cambodia's best interests, in the end, to have the three 
quietly resettled somewhere. 
 
5.  (C) Separately, Polcouns met with UNHCR Deputy Rep. 
Bhairaja Panday and reviewed the options given in ref A. 
Panday appreciated the information.  At this point, he was 
inclined to recommend that the three accept quick 
resettlement in a country that could process them 
expeditiously, but he took note of the other options that 
might be possible.  Post's refugee unit is getting the 
biodata requested. 
 
BOYCE