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UNCLAS SECTION 01 OF 02 BANGKOK 004980 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP/MLS; DRL FOR BUCKLEY 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KDEM TH
SUBJECT: NEW PANEL TO INVESTIGATE THAI DRUG WAR KILLINGS 
 
REF: 06 BANGKOK 0235 (SOMCHAI VERDICT) 
 
SUMMARY 
------- 
 
¶1. (SBU) In the latest in a series of moves to investigate 
abuses by the government of former Prime Minister Thaksin 
Shinwatra, the Ministry of Justice in August established an 
independent commission to probe the extra-judicial killing of 
an estimated 2,500 people during the Thaksin government's 
2003-2005 war on drugs.  The commission will examine the 
cause and impact of Thaksin's anti-drug policies and make 
recommendations for providing restitution to its victims 
rather than investigate specific killings or prosecuting 
human rights violators.  Expectations for the success of this 
and other ongoing investigations into extra-judicial killings 
during the Thaksin era are low, however, and it is unclear 
whether the commission's efforts will help bring alleged 
human rights violators to justice.  End Summary. 
 
NEW INVESTIGATIONS ANNOUNCED 
---------------------------- 
 
¶2. (SBU) On August 30, the Thai Ministry of Justice announced 
the formation of an independent panel to investigate the 
extra-judicial killings of thousands of people during the 
Thaksin government's 2003-2005 "war on drugs."  The 
government has tasked the 13-member panel -- formally called 
the "Independent Commission for the Study and Analysis of the 
Formation and Implementation of the Drug Suppression Policy" 
(abbreviated ICID) -- with providing a fact-based analysis of 
the development and execution of the aggressive drug policies 
of the previous government and specifying remedial measures 
for its victims.  The panel will be headed by Khanit Na 
Nakhon, a former Attorney-General, and will include 
high-level government officials, law enforcement officers, 
and respected academics. 
 
¶3. (SBU) The move is the latest in a series of proactive 
steps the interim government of Prime Minister Surayud 
Chulanont has taken following the September 2006 coup to 
investigate extra-judicial killings committed during the 
tenure of former Prime Minister Thaksin Shinawatra.  Since 
December 2006, the Justice Ministry's Department of Special 
Investigations (DSI) has conducted ongoing investigations 
into 11 unsolved deaths attributed to the drug war.  In 
January, the National Counter Corruption Commission tasked a 
sub-committee with investigating the presumed 2004 
extra-judicial killing of renowned human rights attorney 
Somchai Neelaphaijit.  To date, no individuals have been 
charged for any of these killings (reftel describes the trial 
of 5 police officers on lesser charges of coercion and gang 
robbery in the controversial Neelaphaijit case). 
 
"NOT A TRUTH COMMISSION" 
------------------------ 
 
¶4. (SBU) At an August 30 meeting between Poloff and Charnchao 
Chaiyanukij, a member of the ICID and a Deputy Permanent 
Secretary at the Justice Ministry, Charnchao told us the 
 
SIPDIS 
primary purpose of the committee would be to examine the 
original objective of Thaksin's drug suppression policies and 
how those policies resulted in human rights abuses.  The 
panel will gather evidence from various government agencies, 
interview victims, and review documents to "specify 
corrective and remedial measures" for victims of the drug 
war. 
 
¶5. (SBU) Charnchao was careful to note that the ICID was "not 
a truth commission", and that the panel would not seek to 
identify the perpetrators of individual killings, nor would 
it seek to bring charges against alleged human rights 
violators.  He emphasized that the commission would approach 
the drug war killings in an "academic manner," and that the 
decision on whether to prosecute any alleged violators 
identified by the panel would be left to the government and 
its investigative bodies, such as the DSI. 
 
¶6. (SBU) Charnchao explained that the ICID would hire 
 
BANGKOK 00004980  002 OF 002 
 
 
investigators to interview victims and would invite academics 
to sit on ICID fact-finding hearings that would be open to 
the general public.  Charnchao insisted the commission would 
conclude its report within 10-12 months (an aggressive 
timetable given the magnitude of the alleged violations). 
Charnchao agreed with widely reported statistics estimating 
that 2,500 people were killed extra-judicially by the 
security forces during the drug war.  Charnchao also 
acknowledged that the commission's work would almost 
certainly extend into the tenure of the next government -- 
which is expected to take office following a planned December 
23 general election -- and admitted that any benefits that 
emerge from his panel's work would hinge on the policies of 
this new government. 
 
EXPECTATIONS LOW 
---------------- 
 
¶7. (SBU) Expectations for bringing perpetrators of drug war 
killings to justice have remained low despite the interim 
government's latest investigative efforts.  While editorials 
in the local media viewed the ICID's formation positively, 
several commentators expressed skepticism that human rights 
violators would be brought to justice given the amount of 
time that has elapsed since the killings.  Even Justice 
Ministry officials, such as prominent forensic expert 
Pornthip Rojanasunand, publicly admitted that the most 
beneficial outcome of the ICID would likely only consist of 
recommendations for compensating victims who were injured or 
lost family members during the war on drugs. 
 
COMMENT 
------- 
 
¶8. (SBU) While progress in government investigations of 
extra-judicial killings and disappearances from the Thaksin 
era has been depressingly slow, the interim government's 
efforts to begin the process of examining past human rights 
violations are reassuring.  It remains to be seen, however, 
how effective or independent this new panel will be, or how 
much support the ICID and other government investigative 
agencies will receive from the next government.  We will 
continue to encourage government officials to ensure that 
extra-judicial killings and other human rights violations are 
properly investigated and their perpetrators brought to 
justice. 
BOYCE