US embassy cable - 05BANGKOK6958

UNCLAS SECTION 01 OF 02 BANGKOK 006958 
 
SIPDIS 
 
INFO ASSOCIATION OF SOUTHEAST ASIAN NATIONS 
HQ USPACOM HONOLULU HI 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, TH, NCCC - National Counter Corruption Commission 
SUBJECT: MORE CONTROVERSY WITH THE SELECTION OF THE 
NATIONAL COUNTER CORRUPTION COMMISSION 
 
REF: A. BANGKOK 3521 
     B. BANGKOK 3635 
     C. BANGKOK 5917 
     D. BANGKOK 6269 
 
1.     (SBU) SUMMARY.  Thailand,s anti-corruption process 
suffered a serious blow with the November 1 announcement of 
the selection of nine potentially biased nominees to serve in 
the government,s National Counter Corruption Commission 
(NCCC).  Critics allege that most of the nominees have close 
ties with Prime Minister Thaksin Shinawatra and the ruling 
Thai Rak Thai (TRT) political party and will render legal 
judgements accordingly.  The fear expressed here is that the 
continued delay in filling positions in the Thai 
government,s anti-corruption agencies will allow the 
seemingly endless parade of corruption allegations against 
individuals connected to the TRT to continue unchecked.  END 
SUMMARY. 
 
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THE NCCC HAS BEEN SHUT DOWN FOR THE PAST 6 MONTHS 
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2.    (SBU) The NCCC is the constitutionally mandated 
government agency charged to investigate corrupt practices by 
individuals in government.  In May 2005, the NCCC shut down 
completely after all 9 of its members resigned in disgrace 
under charges of financial malfeasance (reftels A and B).  In 
the interim, accusations of corruption within the government 
continue to accumulate.  The increasing number of cases are 
being buried in the avalanche of newer ones.  The latest 
tally is reportedly over 1,000 individual cases, and includes 
candidates that are finalists for consideration for 
membership in the NCCC. 
 
3.    (SBU) After several months of considering candidates, 
on October 25th the NCCC Selection Committee *- a mixed 
group of lawmakers, judges, academics, and politicians -* 
presented the Senate a list of eighteen names for the 
Senate,s consideration.  The Senate is charged with 
selecting the final nine commissioners from that list, which 
is the final step in the appointment process, save the royal 
endorsement from the King.  Like the Senate that selects 
them, the candidates are supposed to be non-political and 
possess strong credentials in the field of public service. 
 
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PERHAPS UNCONSTITUTIONAL, BUT THEY VOTED ANYWAY 
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4.    (SBU) The selection process was thrown into near chaos 
on November 1st, when one of the candidates for the NCCC 
unexpected announced he no longer wanted to be considered for 
the posting.  Former Army Commander-in-Chief General Prawit 
Wongsuwan, considered by many to be a sure thing for one of 
the nine positions due to his ties with the ruling party, 
decided to withdraw his name from the process, citing that 
with his age and health he did not believe he could fulfill 
his nine year term.  Although most political pundits agree 
that General Prawit,s age and health are not the real reason 
for his withdrawal, they are split as to what his real 
motivations were.  All agree that his move has thrown a 
spanner into the process. 
 
5.    (SBU) The Thai Constitution requires that the Senate 
select nine commissioners out of a group of eighteen 
finalists.  General Prawit,s 11th hour withdrawal reduced 
the list to seventeen.  Instead of meeting the Constitutional 
requirement and finding an 18th finalist, the Senate -* amid 
serious in-fighting -* ultimately chose to select the nine 
members from the group of seventeen.  The vote was called by 
Senate Speaker Suchon, a TRT-leaning politician who had 
previously come under fire for his role in forcing the issue 
in the ongoing Auditor General affair (reftel C).  Many 
Senators walked out of the Senate to protest Suchon,s 
decision, and encouraged by concurring views from the 
opposition parties, are already preparing to file this case 
with the Constitutional Court. 
 
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COMBATANTS AGAINST CORRUPTION, OR PART OF THE PROBLEM? 
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6.    (SBU) After spending most of their time debating 
whether or not they should vote at all, the Senate selected 
the nine commissioners after two rounds of voting.  Seven of 
the nine candidates selected have very close and obvious ties 
to the Prime Minister or the TRT.  They include: 
 
--A Deputy Secretary General to the PM, who is also the 
relative of the PM,s wife; 
--A Chairman of the Defense Ministry,s Advisory Board; 
--A Deputy Chief of the National Intelligence Office; 
--A former police academy classmate of the PM; 
--A Provincial Administrator that defended the PM and TRT 
after the Tak Bai incident; 
--A former professor of the PM and advisor to the PM,s 
office; 
--A Supreme Court judge that has previously backed the TRT, 
and who is also the brother of a TRT MP and the party,s 
legal advisor 
 
Although the Senate selected the new NCCC commissioners in 
just two rounds, their quick vote has come under fire and 
raises question as to whether they are truly non-partisan 
(Comment: Thailand,s Senators are, by definition, supposed 
to be non-political) or if they have TRT leanings.  One 
Senator, Jon Ungphakorn, accused the TRT outright of 
organizing a bloc vote among TRT-friendly Senators to ensure 
that nine people would be selected.  The Senate has already 
been accused of this practice in recent months with the 
selection of the National Broadcast Committee (Reftel D). 
 
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THE NEXT ROUND: JUDGES AND A ROYAL EVALUATION 
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7.    (SBU) Two obstacles remain before the nine members of 
the NCCC can assume their posts.  First, Thailand,s 
Constitutional Court may be requested to decide whether or 
not the selection of nine commissioners from a group of 
seventeen is legal.  Although this step hasn,t started yet, 
it is all but certain to occur given the sharp criticism from 
Senators and the opposition parties.  If the Constitutional 
Court declares the selection was illegal, it only delays the 
inevitable, as the nomination committee need only nominate an 
eighteenth person before they can proceed.  The second step 
is royal endorsement from the King, which is always the final 
step for any national-level nomination process in Thailand. 
It is difficult to guess how the King will react, but it more 
likely will be negative if the nominees are forwarded without 
a thorough constitutional review. 
 
8.    (SBU) Comment.   Any controversy or setback that 
further delays the implementation of an unbiased NCCC favors 
the TRT.  Although allegations against TRT officials will 
continue to be raised during this impasse, the lack of legal 
action could steadily diminish public confidence in the 
ability of the system to punish government wrongdoing.   End 
Comment. 
BOYCE