Thai Appeal Court Followed The Right Procedure In Viktor Bout Case

[webfact]

EDITORIAL

Thai appeal court followed the right procedure

By The Nation

Extradition of alleged arms dealer Viktor Bout upheld the rule of law and will serve as a valid precedent

Finally the Thai Appeal Court decided to extradite Victor Bout, dubbed by US authorities as the "Merchant of Death", overturning a lower court ruling last August that had rejected a US request he be tried there. The highly publicised verdict ended a two-year court battle that had Thailand's judicial system on trial. The decision will also affect future cases related to foreign individuals or organisations that have contributed to alleged terrorist activities overseas, as well as efforts to extradite Thai nationals who are seen as threats to Thai national security.

The case of the 44-year-old former Russian military officer has been the subject of speculation since he was arrested in March 2008 in a sting operation. Russia dispatched several high-level officials to impress on the Thai authorities Bout's importance. It is an open secret that Bout has been an important resource for Russia's intelligence apparatus, and Moscow does not want him going on trial in the US, where, if convicted, he could face a life sentence. In exchange for leniency, it is thought he might reveal sensitive information related to Russia.

Meanwhile, Washington has followed the case closely and kept up the pressure on Thailand, ensuring that Bout will now be sent to the US on weapons smuggling and other charges. Just days before the decision, Thai envoy to Washington, Don Pramudwinai, was summoned to the State Department to be given a strong message that the case was of the highest priority to the US.

Despite all the political pressure and influence, Prime Minister Abhisit Vejjajiva was straightforward in saying to the media that the court's decision was based on fact and the rule of law, not politics. He was reacting to comments made by Russian Foreign Minister Sergei Lavrov, who angrily stated the ruling was political and that Moscow would try to overturn it and fight until the end.

Last year, Russian President Dmitry Medvedev was due to make an official visit to Thailand but had to postpone the trip due to the political crisis here.

It is imperative that the Thai administration now explains to concerned foreign governments, especially the US and Russia, the reasons for the court's decision and the importance it attached to this case.

Quite often, the credibility of the Thai judicial system is questioned in high-profile cases such as this. The lower court's decision was rejected after strict interpretation of the existing extradition treaty with the US. The court had decided earlier that it did not have the authority to extradite Bout because the Colombia-based terrorist organisation, Farc, was not listed as a terrorist group in Thailand.

The decision by the Appeal Court on Friday was crucial because, in future cases, it will help the Thai government to extradite fugitives who are considered threats to Thai national security, and who are wanted in foreign countries that have extradition treaties with Thailand.

-- The Nation 2010-08-24

[TallForeigner]

It seems to be incredibly naive to believe that the court would not have reacted to external pressure and reacted to political pressure.

Also the timing is too much of a coincidence.

First the Thai envoy to the US was summoned to the State Department to be given a strong message that the case was of the highest priority to the US. Additionally on August 18 six US congressmen (Rep. Howard Berman, Rep. Ed Royce, Senator Russ Feingold, Rep. Ileana Ros_Lehtinen, Rep. Brad Sherman and Rep. Frank Wolf) wrote a letter to the Thai Embassy in Washington putting a lot of pressure onto Thailand to extradite Viktor Bout. They even went as far as giving a veiled threat: "...So it especially pains us to say that the lack of coordination surrounding Viktor Bout's legal case is unfitting of a "major non-NATO ally", a designation granted Thailand in 2003." And as in a fairytale two days later the court overturns the ruling of last year and decides to extradite him to the USA...politics are the rule of law here.

[webfact]

Thailand Must Make Cautious Move on 'Bout' Issue

The decision of Thailand’s Appeals Court to extradite accused Russian arms dealer Viktor Bout to the United States has caused Russia to breathe fire. Following the ruling, the Russian government summoned Thailand’s ambassador to Moscow to convey its opposition against the court's decision. The situation is very delicate and could bode ill for future diplomatic relations between Thailand and Russia.

The decision by the Appeals Court overturned a lower court’s ruling to release the Russian, which was against the wishes of the U.S. government.

When the lower court’s ruling came out, U.S. Foreign Ministry called in Thai ambassador to Washington D.C., Don Paramatwinai, to pressure Thailand into handing Bout over to the U.S. authorities.

At the same time, a group of U.S. Senators responded aggressively, saying that Thailand’s failure to hand over Bout to the U.S. authorities could negatively affect diplomatic relations between Thailand and the U.S. The Russian is on the list of most-wanted criminals of the U.S., Bout is suspected of being behind many terrorist movements around the world.

U.S. pressure was not entirely appropriate, as it reflected an intention to interfere with Thailand’s internal affairs and justice system. Russia’s disappointment over the appeals court’s ruling is neither appropriate.

As Thailand is standing on the horns of a dilemma, embroiled in the conflicts between two superpowers, the Thai authorities, particularly the foreign ministry, must undertake its diplomacy with great caution and assure both the U.S. and Russian government of Thailand’s neutrality and independence from political influence. It must explain that the appeals court’s decision was handed down based on a due judicial process and the existing international extradition treaty, and that the government did not intervene in the judicial process.

In addition, the Thai government must declare its stance that Thailand will defend its sovereignty and will not allow any intervention by foreign countries nor will it accede to pressure or threats.

Naew Na editorial, page 3, August 23rd, 2010

Translated and rewritten by Wacharapol Isaranont

Please note that the views expressed in our "Analysis" segment are translated from local newspaper articles and do not reflect the views of the Thai-ASEAN News Network.

-- Tan Network 2010-08-24

[animatic]

Russia is still a super power?

I think we can see which way Thailand leaned.

USA wants this guy bad, and likely for very good reasons.

Violent insurgent groups can't do much damage if they don't have the right weapons,

if this guy has been selling them war weapons for decades,

it's not hard to see why they want him in their hands.

Both to get him off the street of destruction,

and pump him for info that could be useful.

[asiawatcher]

Agree - what Thailand is going to ignore any 'request' from the US? Of course the lower court ruling was overturned and probably rightly so as it may have been a corrupted decision based on a payoff - easier to do at a lower level and Bout has the means and the connections. But protocol has now been adhered to and Bout gets a free ticket to the US - I bet someone will try to bust him free prior to the move to the US. Makes for another good movie but very cliche'd!

[SamritT]

UN is not my father. Perhaps US is?