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RUEHKO/AMEMBASSY TOKYO PRIORITY 1559
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C O N F I D E N T I A L SECTION 01 OF 05 BANGKOK 000991 
 
SIPDIS 
 
E.O. 12958: DECL: 04/20/2019 
TAGS: PREL PGOV PINR CVIS CPAS KJUS NU TH
SUBJECT: THAI GOVERNMENT VS. THAKSIN: ARREST WARRANTS, PASSPORT REVOCATION, AND OVERTURE TO NICARAGUA
 
REF: A. MANAGUA 402 (THAKSIN'S NICARAGUAN PPT) (NOTAL) 
     ¶B. 08 BANGKOK 3167 (THAKSIN CONVICTED) (NOTAL) 
     ¶C. 08 BANGKOK 2427 (THAKSIN FLEES) (NOTAL) 
 
BANGKOK 00000991  001.2 OF 005 
 
Classified By: DCM James F. Entwistle, reason: 1.4 (b and d). 
 
SUMMARY AND COMMENT 
------------------- 
 
¶1. (SBU) The RTG has formally informed the Embassy via diplomatic note of new measures against former Prime Minister Thaksin Shinawatra: the issuance of a new arrest warrant for inciting mob violence, and the revocation of Thaksin's Thai passport. These steps follow the eruption of mob violence in Pattaya and Bangkok by United Front for Democracy Against Dictatorship (UDD) "redshirts" in conjunction with April 10-14 demonstrations; Thaksin encouraged these demonstrations during public appearances by video link from abroad. The RTG has also requested the assistance of the Nicaraguan government, which has provided Thaksin with a diplomatic passport (reftel), in securing Thaksin's return to Thailand (and the MFA shared with us in confidence an aide-memoire sent to Managua -- see para 5).
 
¶2. (C) Comment: Thaksin's return to Thailand could prove problematic for the government, energizing his supporters and possibly leading to further confrontations. The RTG has learned, however, that Thaksin retains an ability to cause significant disruption from abroad, and the RTG will likely continue to try to work with other governments to request Thaksin's extradition and constrain his freedom of action while he remains overseas. The MFA has asked that we weigh in with Managua regarding Thaksin's status, but we have been non-committal. Post is discussing with the bureau of Consular Affairs our recommendation for a "00" visa lookout entry for Thaksin. End Summary and Comment.
 
MFA CORRESPONDENCE ON THAKSIN 
----------------------------- 
 
¶3. (SBU) The Embassy has received from the MFA the following 
documents, whose texts we provide below: 
 
- Diplomatic note on arrest warrants for Thaksin. 
 
- Aide-memoire to the Nicaraguan government on Thaksin's 
status. 
 
- Diplomatic note on the revocation of Thaksin's passports. 
 
--------------- 
--------------- 
ARREST WARRANTS 
--------------- 
--------------- 
 
¶4. (SBU) The text of the Thai diplomatic note on Thaksin's 
arrest warrants and its attachments follow: 
 
BEGIN TEXT OF DIPLOMATIC NOTE: 
 
No. 0805/285 
 
The Ministry of Foreign Affairs presents its compliments to 
all Diplomatic Missions in Bangkok and has the honour to 
forward herewith, for the latter's perusal, copies of two 
arrest warrants issued against Police Lieutenant Colonel 
Thaksin Shinawatra, together with unofficial English 
translations thereof, namely 
 
¶1. arrest warrant No. 10/2551 issued by the Supreme Court of 
Justice's Criminal Division for Persons Holding Political 
Positions against Police Lieutenant Colonel Thaksin 
Shinawatra dated 21 October 2008; 
 
¶2. arrest warrant No. 985/2552 issued by Criminal Court 
against Police Lieutenant Colonel Thaksin Shinawatra dated 14 
April 2009. 
 
The Ministry of Foreign Affairs avails itself of this 
opportunity to renew to all Diplomatic Missions in Bangkok 
the assurances of its highest consideration. 
 
Ministry of Foreign Affairs 
18 April B.E. 2552 (2009) 
 
END TEXT OF DIPLOMATIC NOTE. 
 
BEGIN TEXT OF MFA'S UNOFFICIAL TRANSLATION 
OF ARREST WARRANT 1 (EXCERPT): 
 
Arrest Warrant 
Case Black No. OrMor 1/2550 
Case Red No. OrMor 1/2550 
 
IN THE NAME OF HIS MAJESTY THE KING 
 
No. 10/2551 
THE SUPREME COURT OF JUSTICE'S CRIMINAL DIVISION 
FOR PERSONS HOLDING POLITICAL POSITIONS 
 
21 October B.E. 2551 (2008) 
 
Between 
 
The Attorney General 
PROSECUTOR 
 
and 
 
Pol. Lt. Col. Thaksin Shinawatra, the 1st 
Khunying Potjaman Shinawatra, the 2nd 
DEFENDANTS 
 
Issued to: The Commissioner-General, Royal Thai Police 
 
WHEREAS, Pol. Lt. Col. Thaksin Shinawatra, the 1st Defendant 
in this case, is convicted of the offences under Section 100 
(1) paragraph three and Section 122 paragraph one of the 
Organic Act on Counter Corruption B.E. 2542 (A.D. 1999) and 
sentenced to imprisonment of two years and he fled away and 
has not yet served the sentence; 
 
THEREFORE, you are ordered to arrest Pol. Lt. Col. Thaksin 
Shinawatra, the 1st Defendant, of Thai race and 
nationality... and bring him to this Court within the 10 year 
statute of limitation as from 21 October 2008 (B.E. 2551) for 
further proceedings in accordance with the laws. 
... 
 
END TEXT OF MFA'S UNOFFICIAL TRANSLATION 
OF ARREST WARRANT 1 (EXCERPT). 
 
BEGIN TEXT OF MFA'S UNOFFICIAL TRANSLATION 
OF ARREST WARRANT 2 (EXCERPTS): 
 
Arrest Warrant 
for Court use 
No 985/2552 
 
Under His Majesty the King 
Criminal Court 
14 April 2009 (B.E. 2552) 
Criminal Case 
 
Inquiry officer of the Metropolitan Police Bureau (Police 
Major General Amnuey Nimmano), the Claimant 
 
Addressed to the Command in chief of the Metropolitan Police 
Bureau 
 
Whereas Police Lieutenant Colonel Thaksin Shinawatra, the first alleged offender, has been charged of committing the offenses of illegal assembly of more than 10 persons to cause unrest in the country, as chief or commander, and of jointly committing verbal act, to give information to the people so as to cause the latter to break the laws of the Kingdom, which acts are not within the purpose of the Constitution or intended to express opinions or to make comments in good faith.
 
You are therefore to arrest Police Lieutenant Colonel Thaksin Shinawatra... And deliver this person to the Dusit Police Station of the purpose of legal proceedings, within the statue of limitation of 10 years, taking effect from 9 April 2009 (B.E. 2552) until 9 April 2019 (B.E. 2562).
... 
 
Offense: committing verbal acts to give information to the people so as to cause the latter to break the laws of the Kingdom.
 
Date/Month/Year and Place of Scene of Action: 9 April 2009 (B.E. 2552) at Sub-district of Dusit, District of Dusit and Sub-district of Thung Phya Thai, District of Rajadhevi, Bangkok. 
... 
 
Descriptions 
Height: approx 175 cm, Weight: approx 75 kg, Blood Group:- 
Body: moderate-sized 
Complexion: White-Yellow 
Facial Features: Square 
Hair: Wavy, Black 
Forehead: Wide and Straight 
Eyebrow: Thin and Separated 
Eyes: Double Layers 
Ears: Triangle 
Nose: Curved Bridge of Nose 
Mouth: Thin and Wide 
Chin: Straight 
Accent: Central 
 
... 
 
END TEXT OF MFA'S UNOFFICIAL TRANSLATION 
OF ARREST WARRANT 2 (EXCERPTS). 
 
----------------------------- 
----------------------------- 
THAKSIN'S STATUS IN NICARAGUA 
----------------------------- 
----------------------------- 
 
¶5. (SBU) The MFA provided us with a copy of an April 17 
aide-memoire that the MFA prepared for the Nicaraguan 
government (and asked that we be discreet about the fact they 
shared it with us).  The text of that aide-memoire follows: 
 
BEGIN TEXT OF AIDE-MEMOIRE: 
 
Aide-Memoire 
 
1) With reference to Press Release issued on 15 April 2009 by the Coordinator of the Council of Communication and Citizenship of the Republic of Nicaragua stating that the Government of the Republic of Nicaragua, under the instruction of H.E. President Daniel Ortega Saavedra of Nicaragua, has granted Mr. Thaksin Shinawatra, former Prime Minister of the Kingdom of Thailand, a diplomatic passport and accredited him as the Ambassador in Special Mission, the Royal Thai Government would like to clarify the present status of Mr. Shinawatra as follows;
 
- Mr. Thaksin Shinawatra was convicted and sentenced to 2 year imprisonment by the Thai Supreme Court's Criminal Division for Holders of Political Positions for abusing his authority in the purchase of land by his wife in the Ratchadapisek area of Bangkok. After the sentence, Mr. Shinawatra fled the country since August 2008.
 
- Presently, Mr. Shinawatra is now also under the arrest warrant of Thai court on the charge of inciting unrest and riots in the Kingdom of Thailand during 10-13 April 2009.
 
- The Royal Thai Government has revoked his diplomatic passport since 12 December 2008 and his ordinary passport since 12 April 2009. The decision to revoke all Thai passports of Mr. Shinawatra was made by the Royal Thai Government after it became clear that this person intentionally committed offences against his home country and that his actions will further prejudice the interests of the Kingdom of Thailand and that of the Thai people.
 
- The Royal Thai Government has accordingly informed all countries with diplomatic relations with Thailand of such revocation.
 
- Under Thai laws and regulations, Mr. Shinawatra still retains Thai nationality and in principle Thai law does not recognize dual nationality.
 
2) In connection with the grant of diplomatic passport and accreditation as Ambassador in Special Mission by the Government of Nicaragua, the Royal Thai Government would like to seek further details from the Government of Nicaragua as regards any status, rights or privileges granted to Mr. Shinawatra by the Government of Nicaragua.
 
3) In view of the friendly and long-standing diplomatic relations between the Kingdom of Thailand and the Republic of Nicaragua, the Royal Thai Government strongly requests cooperation from the latter as follows;
 
- To ensure that Mr. Shinawatra does not, from within the territory of Nicaragua, engage in any activities that are inconsistent with Thai laws and regulations, or that interfere with the internal situation of the Kingdom of Thailand, or that may harm Thai ordre public or national security or destabilize the Kingdom of Thailand in any way.

- To inform the Royal Thai Government of Mr. Shinawatra's whereabouts and, if he resides in Nicaragua, to assist the Royal Thai Government in handing over Mr. Shinawatra to the Thai authorities in order that he serves his sentence and attends other relevant legal proceedings in the Kingdom of Thailand.
 
- To start negotiation with the Kingdom of Thailand, at the earliest opportunity, with a view to concluding an extradition treaty between the two countries. An early response from the Government of Nicaragua in this regard would be highly appreciated.
 
The Royal Thai Government 
Bangkok 
17 April B.E. 2552 (2009) 
 
END TEXT OF AIDE-MEMOIRE. 
 
¶6. (SBU) Note: The aide-memoire errs in asserting that Thaksin fled after his sentencing. In fact, Thaksin fled in August 2008 while his trial was ongoing; he was not convicted and sentenced until October 2008. See refs B and C.
 
------------------- 
------------------- 
PASSPORT REVOCATION 
------------------- 
------------------- 
 
¶7. (SBU) The MFA provided us with a diplomatic note 
confirming the revocation of Thaksin's Thai passports.  The 
text follows: 
 
BEGIN TEXT OF DIPLOMATIC NOTE: 
 
No. 0305.1/C.8347 
 
The Ministry of Foreign Affairs of the Kingdom of Thailand presents its compliments to all Diplomatic Missions and Consular Representatives in Bangkok, and has the honour to inform the latter than on 12th April 2009, the passport of Pol. Lt. Col. Dr. Thaksin SHINAWATRA No. G 701824 issued on 1st June 2007 has been cancelled. His diplomatic passport No. D 215863 issued on 11th February 2008, has also been cancelled since 15th December 2008.

To this effect, Pol. Lt. Col. Dr. Thaksin SHINAWATRA no 
longer holds any Thai passports as of 12th April 2009. 
 
The Ministry has further the honour to inform the latter that 
this information has already been conveyed to the host 
governments through the Royal Thai Embassies and the Royal 
Thai Consular Missions.  However, the Ministry would highly 
appreciate it if the latter would also kindly convey the said 
information to their respective capitals. 
 
The Ministry of Foreign Affairs avails itself of this 
opportunity to renew to all Diplomatic Missions and Consular 
Representatives the assurances of its highest consideration. 
 
Ministry of Foreign Affairs 
20 April B.E. 2552 (2009) 
 
END TEXT OF DIPLOMATIC NOTE. 
 
JOHN