VZCZCXYZ0003
OO RUEHWEB

DE RUEHBK #1549 1810304
ZNR UUUUU ZZH
O 300304Z JUN 09 ZDK
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7375
INFO RUEABND/DEA HQS WASHINGTON DC PRIORITY
RUEAWJL/DEPT OF JUSTICE WASHINGTON DC PRIORITY

UNCLAS BANGKOK 001549 
 
SENSITIVE 
SIPDIS 
 
STATE FOR L/DL AND EAP 
DOJ FOR OFL 
 
E.O. 12958: N/A 
TAGS: KLIG PREL AMGT KJUS TH
SUBJECT: VIKTOR BOUT CASE: EMBASSY DELIVERS DIPNOTE AND 
RETURNS COURT SUMMONS OF DEA SPECIAL AGENTS 
 
REF: STATE 66676 
 
¶1. (SBU) SUMMARY: Per reftel instructions, the Acting Deputy 
Chief of Mission (ADCM) on June 29 handed over to Ministry of 
Foreign Affairs (MFA) Director of the Legal Affairs Division 
Chatri Archjananun the criminal complaint and court summons 
for three DEA Special Agents, which had been delivered to the 
embassy.  Chatri acknowledged that the documents received by 
the Embassy had been improperly delivered, and said his 
office would return the summons to the court informing that 
delivery of the documents directly to the Embassy was a 
violation of the Vienna Convention.  Bout's legal team may 
seek other ways to serve the papers.  END SUMMARY. 
 
¶2. (SBU) The ADCM engaged MFA Director Chatri on June 29 and, 
per reftel's instructions, provided Chatri with the dipnote 
and the criminal complaint and court summons of DEA Special 
Agents Odney, Hacker, and Zachariasiewicz. ADCM conveyed 
reftel's talking points, highlighting the lack of an 
appropriate basis for the court to exercise jurisdiction over 
the defendants, noting in particular that the DEA agents were 
acting within their official duties and in cooperation with 
the Royal Thai Police.  Chatri commented that the documents 
were served by the court contrary to Article 22 of the Vienna 
Convention.  The MFA planned to send the documents back to 
the court and wait to see how Bout and his attorneys respond. 
 
¶3. (SBU) Chatri stated that the question of jurisdiction has 
to be left up to the court, but service of the summons was a 
dipolomatic matter.  Chatri speculated that Viktor Bout and 
his legal team may subsequently ask the MFA to forward the 
summons to the Embassy under a diplomatic note, which the 
Embassy could refuse to accept.  Alternatively, Bout could 
seek the Thai Attorney General's assistance in seeking to 
serve under the terms of the bilateral Mutual Legal 
Assistance Treaty (MLAT).  However, Chatri stated that the 
Attorney General would most likely refuse to use MLAT 
mechanisms on Bout's behalf. 
JOHN