January 29, 2005

 

Top rebel's nationality gets thorough recheck

 Indications are he is Malaysian national

 

 POST REPORTERS

 

 The Interior Ministry is rechecking the nationality of Chae Kumae Kuteh

after Malaysia indicated the suspected separatist is a Malaysian national,

Prime Minister Thaksin Shinawatra said.

 

 The Provincial Administration Department is running background checks on

the suspect who might have several different identities, he said.

 

 ``I'm confused. He studied in Pattani, then in Bandung [in Indonesia] and

went back to Pattani to teach,'' he said.

 

 The Special Branch Police were working with Malaysian security authorities,

Mr Thaksin said.

 

 If it turns out the suspect is a Malaysian national, Thailand cannot do

anything except ask to share information with Malaysia, he said.

 

 Thai authorities would then join in the investigation and hunt for

information that could lead to the arrests of other suspects on Thai soil,

he said.

 

 Kuala Lumpur also claimed Mr Chae Kumae might not be sent to Thailand if he

is proved to hold Thai nationality as the two countries have no extradition

treaty with each other.

 

 Mr Chae Kumae is wanted here on several charges including masterminding the

violence in the deep South that erupted early last year.

 

 But Foreign Minister Surakiart Sathirathai insisted yesterday Thailand and

Malaysia did have such a treaty that was signed by Thailand and Great

Britain before Malaysia gained its independence.

 

 This was confirmed by the Attorney General's Office which said background

records revealed that in 1959 the Federation of Malaya [now Malaysia] sent a

letter to Thailand showing its intent to continue to recognise the

extradition treaty that Thailand had with Britain, its former colonial

ruler. The treaty was still in effect, Sirisak Tiyaphan, the office

spokesman said.

 

 If a country refuses to extradite a suspect to another country, citing the

nationality principle, it should take legal action against the suspect on

behalf of the other country on request.

 

 This is a matter of cooperation and mutual assistance, he said.

 

 ``Regarding extradition, it is an absolute right of a country which

receives a request to send or not to send a suspect to another country,

except if there is an extradition treaty between them.

 

 ``A refusal could affect relations between them,'' he said.

 

 Yesterday, Malaysian Foreign Minister Syed Hamid Albar hit back at Mr

Surakiart, saying he was also disappointed with the Thai foreign minister.

Shortly after announcing the arrest, the Thai prime minister was criticised

by the Malaysian foreign minister who considered Mr Thaksin's remarks

inappropriate.

 

 Mr Surakiart quickly defended the prime minister and said Mr Syed should

not criticise a leader of another country.

 

 ``Malaysia is disappointed at the statement by the minister of foreign

affairs of Thailand,'' Mr Syed Hamid said in a statement released by the

Malaysian embassy in Bangkok.