An Open Letter to Condoleezza Rice, U.S. Secretary of State and Hillary Clinton, U.S. Secretary-Designate of State:
Madame Secretary and Madame Secretary-Designate,
On the night of November 25, 2008 supporters of the People's Alliance for Democracy (PAD) seized control of Suvarnabhumi International Airport in Bangkok, Thailand. On November 26, 2008 elements of the PAD also seized control of Don Muang Airport in Bangkok. These two actions resulted in a complete shutdown of both facilities, stranding several hundred thousand travelers and disrupting commercial air shipments.
During the seizure of Suvarnabhumi International Airport the PAD, as had been their prior custom at other sites seized including Thailand's Government House, erected a stage to provide both entertainment and as a platform for political speech and to give instructions to their forces.
Mr. Kasit Piromya, former Ambassador of the Kingdom of Thailand to the United States of America, on one and possibly more occasions, addressed the PAD group which had seized Suvarnabhumi International Airport, just as he had in the past given speeches to other PAD gatherings many of which were of equally dubious legality. By engaging in such speech, Mr. Kasit was providing both aid and comfort, if not out-right instructions, to the PAD group as they were committing a terroristic act.
Mr. Kasit has subsequently been appointed and confirmed in the office of Foreign Minister of the Kingdom of Thailand in the government of Prime Minister Abhisit Vejjajiva. While the Ambassador of The United States of America to the Kingdom of Thailand and other American diplomatic officials are accredited to the King of Thailand in His role as Head of State, day to day contact is maintained through the Thai Foreign Ministry and the office of the Foreign Minister, Mr. Kasit.
It is inappropriate for the United States of America, its Ambassador, Mr. Eric John, or any other diplomatic official to have official contact with the Foreign Ministry of the Kingdom of Thailand or the Office of the Foreign Minister while Mr. Kasit serves in that role, or while other PAD leaders or sympathizers have any official position in the Thai government.
The prior actions of the PAD and its leadership qualify it for inclusion on the list of Foreign Terrorist Organizations (FTO) as per definitions published by the U.S. Department of State, Office of Counterterrorism (see http://www.state.gov/s/ct/rls/fs/37191.htm).
The actions of the PAD during the seizure of Suvarnabhumi International Airport are wholly consistent with the standards for inclusion as a Foreign Terrorist Organization as cited.
Section 219 of the Immigration and Nationality Act (INA) gives the criteria:
1. It must be a foreign organization.
2. The organization must engage in terrorist activity, as defined in section 212 (a)(3)(B) of the INA (8 U.S.C. § 1182(a)(3)(B)),* or terrorism, as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. § 2656f(d)(2)),** or retain the capability and intent to engage in terrorist activity or terrorism.
3. The organization’s terrorist activity or terrorism must threaten the security of U.S. nationals or the national security (national defense, foreign relations, or the economic interests) of the United States.
It is clear that as the PAD is a Thai political organization, criterion 1 is met.
Criterion 3 is also met given the demonstrable interruption of shipping of material goods and vital documents between the United States and the Kingdom of Thailand during the seizure of Suvarnabhumi International Airport. Additionally it is easily demonstrable that U.S. nationals were among the de facto hostages during the airport seizure(s).
Criterion 2 must now be examined more closely:
* Section 212(a)(3)(B) of the INA defines "terrorist activity" to mean: "any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person.
(IV) An assassination.
(V) The use of any--
(a) biological agent, chemical agent, or nuclear weapon or device, or
(b) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
(VI) A threat, attempt, or conspiracy to do any of the foregoing."
Section 212(a)(3)(B)(I):
It is a matter of public record that elements of the PAD at Suvarnabhumi took control of various vehicles, both airport ground support vehicles as well as road vehicles such as airport and other buses thus satisfying the definitions of this sub-section.
Section 212(a)(3)(B)(II):
It is a matter of public record that elements of the PAD at Suvarnabhumi took control of all modes of transportation into and out of the airport, thereby seizing and detaining all passengers in the terminal, and termination of such activity and release of the de facto hostages was explicitly predicated on the dismissal of the prior government of the Kingdom of Thailand.
Section 212(a)(3)(B)(V)(b):
It is a matter of public record that elements of the PAD at Suvarnabhumi were armed with conventional handguns and other weapons as well as improvised explosive devices.
Section 212(a)(3)(B)(VI):
It is further a matter of public record that the actions of the PAD at both Suvarnabhumi and Don Muang airports were planned in advance and in no way a spontaneous event, and that such a conspiracy by the leadership of the PAD took place.
With all the criteria for listing of the PAD as a Foreign Terrorist Organization it is incumbent on the government of the United States and the Department of State to undertake the following steps:
1. To immediately place the PAD on the list of of Foreign Terrorist Organizations,
2. To identify all individuals involved with planning the airport seizures and other illegal acts of the PAD, as well as those giving material support including the contents of speeches to these unlawful assemblies, and place these persons on lists of known terrorists as appropriate,
3. To withdraw diplomatic representation from the Kingdom of Thailand until all such named persons (FM Kasit and others) are removed from all official capacities in the Government of the Kingdom of Thailand, and
4. To use all possible means to request and require that such named individuals face immediate and meaningful prosecution under the laws of the Kingdom of Thailand or be extradited to the United States to face charges under the applicable Federal codes.
