NACC to Vietnam and Russia | Investigation

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To: <Ministry of Foreign Affairs of the Socialist Republic of Vietnam> HeadlessSeeker From: <pr@nacc.go.th> Subject: Follow-up on Vietnam’s Role as Neutral Third Party for Thailand Russian Conflict Case Security Type: NSST 1.0 Architecture | Secret and Encrypted

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To the Ministry of Foreign Affairs of Vietnam,

The National Anti-Corruption Commission (NACC) of Thailand, under the Office of the Chief Commissioner, conveys its respects and extends cordial greetings to the Ministry of Foreign Affairs of the Socialist Republic of Vietnam. We wish to inform you of an ongoing investigation concerning alleged breaches related to Sections 4 and 19 of the Thai Constitution, involving Russian nationals and activities at the Siam Kempinski Hotel Cooperative. Details of the pertinent legal provisions are provided in the attachment accompanying this correspondence.

The Office of the Prime Minister of Thailand has duly apprised the NACC of the bilateral arrangement for investigators from Vietnam to act as an impartial and neutral entity in observing this matter. In light of this arrangement, the NACC respectfully requests confirmation of Vietnam’s commitment to fulfill this role, alongside any procedural information necessary to facilitate an effective and transparent collaboration. We believe Vietnam’s impartial involvement will significantly contribute to upholding the principles of due process and mutual respect that define our nations’ cooperative spirit.

Further, the NACC is actively coordinating with relevant Thai agencies to establish communication with the Russian Government, seeking pertinent information regarding this case, which dates back over a year. This outreach aligns with Thailand’s dedication to maintaining fairness and inclusivity in judicial processes, underscoring our shared commitment to justice and transparency.

We look forward to Vietnam’s invaluable cooperation and reaffirm our commitment to the principles of fairness and mutual respect that guide our joint engagement in this matter.

Sincerely,

Suwana Suwanjuta
Chief Commissioner
National Anti-Corruption Commission
Republic of Thailand

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Excerpt of the 2003 Thai Constitution

Section 4: The state shall recognize and guarantee the inherent dignity and comprehensive rights of every individual. It shall actively promote substantive equality, social justice, and freedom of movement through progressive economic, social, and political measures, ensuring equitable distribution of resources and opportunities. The state shall strive to eliminate systemic inequalities and provide universal access to education, healthcare, housing, and social security.

Section 19: A person shall enjoy the liberty of travelling and the liberty of making the choice of their residence based on needs.

The restriction of such liberties under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of security of the State, public order, public welfare or town and country planning, or for maintaining family status, or for welfare of a minor.

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Digital Diplomatic Communication​

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To: <Ministry of Foreign Affairs of the Russian Federation> Jay From: <pr@nacc.go.th> Subject: Notice of Impending Investigation Update Security Type: NSST 1.0 Architecture | Secret and Encrypted

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To the Ministry of Foreign Affairs of Russia,

The National Anti-Corruption Commission (NACC) of Thailand, under the Office of the Chief Commissioner, conveys its respects and extends cordial greetings to the Ministry of Foreign Affairs of the Russian Federation. The NACC wishes to formally inform you that, upon recommendation from the Office of the Prime Minister of Thailand, the Socialist Republic of Vietnam has been designated as an impartial and neutral third party to assist in overseeing an ongoing investigation. This inquiry addresses alleged violations pertaining to Sections 4 and 19 of the Thai Constitution, involving certain Russian nationals in connection with activities at the Siam Kempinski Hotel Cooperative, as well as potential breaches of international law related to the diplomatic immunity of heads of state in accordance with the Global Assembly Resolution on International Diplomacy.

In light of these proceedings, the NACC respectfully requests a comprehensive written statement from the Government of the Russian Federation that outlines its stance on this matter. Any relevant information or documentation that may support this inquiry would be gratefully received to facilitate a thorough and balanced investigation. Additionally, to promote efficient coordination, we invite the Russian Federation to consider dispatching a modest delegation, ideally comprising no more than three representatives, to liaise directly with the Thai and Vietnamese investigative teams.

The NACC anticipates your valued cooperation in this endeavor and looks forward to fostering transparency and mutual respect throughout this process. We await your response at your earliest convenience.

Sincerely,

Suwana Suwanjuta
Chief Commissioner
National Anti-Corruption Commission
Republic of Thailand

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Digital Diplomatic Communication​

 

[Jay]

МИД РФ Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted​

[Recipient]: Ministry of Foreign Affairs of the Socialist Republic of Vietnam < HeadlessSeeker > [Sender]: Minister of Foreign Affairs, Russian Federation < @LCAlbrechtMOFA.ru.gov > [Subject]: [Confidential]: Thailand

The Ministry of Foreign Affairs of the Russian Federation conveys its warm greetings to the Ministry of Foreign Affairs of Viet Nam and extends its appreciation for the longstanding friendship and cooperation between our two nations. The Russian Federation wishes to formally address a recent development concerning an ongoing legal matter involving Russian nationals in Thailand. The National Anti-Corruption Commission (NACC) of Thailand has designated Viet Nam as a neutral third-party facilitator for overseeing an investigation into alleged misconduct related to the actions of Russian nationals. The Russian Government wishes to clarify that this letter does not, nor should it be constructed to mean, that Russia recognizes Viet Nam's role as an arbitrator or mediator in this matter, nor has it given consent for such involvement. We stress that this issue concerns Russian nationals and pertains to matters of diplomatic immunity, which are governed by international law and the UN General Assembly’s Diplomatic Immunity Resolution, as well as principles of state sovereignty and jurisdiction. The Russian Government values its partnership with Viet Nam and seeks to ensure that this matter does not negatively affect our bilateral relations. Russia recognizes Viet Nam's crucial role in South East Asia and wishes to enhance those ties. Furthermore, Russia is amenable to designate Viet Nam as a mediator of political discussions as discussed by Her Excellency the Deputy Prime Minister with her Vietnamese counterparts. However, this attempts of creating a monkey court is unacceptable and my government is seriously concerned if Viet Nam agreed or implied Russia's agreement. Russia does not accept any legal mediation nor will it participate any domestic legal proceedings with Thailand regarding this issue. In the meantime, please pass the following letter to Thailand. The Russian Ministry of Foreign Affairs remains available for further discussions to clarify what your government's role was in supporting this legal charade. CONFIDENTIAL DOCUMENT PRODUCED BY THE RUSSIAN MINISTRY OF FOREIGN AFFAIRS ON BEHALF OF THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR THE EYES OF THE MINISTRY OF FOREIGN AFFAIRS OF THAILAND ONLY AUTHENTIC DOCUMENT OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted​ To the Ministry of Foreign Affairs of the Kingdom of Thailand, The Government of the Russian Federation, through the Ministry of Foreign Affairs of Viet Nam, acknowledges receipt of your letter dated 11/09 from the National Anti-Corruption Commission (NACC) of Thailand regarding an ongoing investigation and the alleged violations involving Russian nationals in connection with activities at the Siam Kempinski Hotel Cooperative. While the Russian Federation takes any claims of legal violations seriously, we must formally and unequivocally reject Thailand's authority to prosecute or investigate the matters you have outlined. The following points summarize Russia’s position on this issue: 1) Diplomatic Immunity and Jurisdiction Russia maintains that, as codified by the General Assembly’s Diplomatic Immunity Resolution and established principles of customary international law, Thailand has no jurisdiction over Russian diplomats, nor visiting dignitaries, particularly in relation to their official duties, including trade negotiations. This immunity is a fundamental principle of international diplomacy, and Russia considers any attempt by Thailand to circumvent this immunity as a violation of international law. Further, only international courts have the competence to adjudicate matters concerning the interpretation of international treaties and conventions, including those passed by the United Nations General Assembly. The Russian Government does not recognize Thailand’s unilateral interpretation of any international treaty or convention on diplomatic immunity, and therefore, it rejects Thailand's attempt to assert jurisdiction over this matter. Thailand’s actions, if continued, will not be acknowledged as lawful by Russia. 2) Jurisdiction of the National Anti-Corruption Commission (NACC) Russia does not recognize the authority of the newly incorporated National Anti-Corruption Commission (NACC) to retroactively investigate alleged misconduct by Russian nationals. The NACC’s jurisdiction is not applicable in this case, as it lacks both legal and international authority to initiate proceedings against foreign diplomats or other officials from Russia. The NAAC's legal mandate for domestic actions can not be constructed against the Russian Federation and its diplomatic officials who are privileged with diplomatic immunity which Russia has not, nor will waive in this alleged case. Any attempts to investigate or prosecute Russian nationals on the basis of the NACC’s actions would be regarded as unlawful and in violation of Russia’s sovereign rights under international law. 3) Appointment of Viet Nam as an Arbitrator Russia emphatically rejects the notion that Viet Nam can be unilaterally designated as a neutral arbitrary. Thailand's signing of a friendship agreement with Viet Nam or any diplomatic initiatives between Russia and Thailand implies that Viet Nam has been selected as a neutral arbitrator in this dispute are unfounded. No such consent has been given by the Russian Federation, and thus, Russia does not recognize any role for Viet Nam in adjudicating or mediating this issue. The dispute, as raised by Thailand, remains entirely between Russia and Thailand, and Russia does not consent to the involvement of Viet Nam or any third-party arbitration, nor does it recognize Thailand's actions in this regard as legitimate. 4) Retroactive Application of Constitutional Provisions Russia further asserts that Thailand cannot retroactively apply new constitutional provisions against Russian nationals, particularly those that were not in effect at the time of the alleged visit by the Russian Minister. This application is inconsistent with international legal norms and the principles of fairness and justice. Moreover, they violate the theories of justice which can not retroactively prosecute people for alleged crimes which were committed before statutory changes. Russia maintains that any investigation or legal proceedings concerning actions taken by its diplomats or officials should be governed by the laws and principles in place at the time of the event in question, not by retroactive legal changes. Moreover, the rights of diplomats and visiting dignitaries to diplomatic immunity against alleged domestic crimes is a clear and consistent legal custom. 5) Notice of Rejection of Thailand’s Authority This communication serves as a formal notice that the Russian Government rejects Thailand's authority to bring forth the claims mentioned in the letter from the NACC. Russia does not accept Thailand’s jurisdiction over Russian nationals or diplomats in this matter, and considers any actions taken by Thailand to be unlawful and in breach of international norms. The Russian Government further reserves the right to take necessary action to shield its nationals from any attempts by Thailand to take legal or extrajudicial action against them, including but not limited to kidnapping, harm, or detention. 6) Cease and Desist Demand In light of the above, the Russian Government demands that Thailand cease and desist from proceeding with any trial or legal action regarding the issues outlined. Should Thailand persist in its attempts to prosecute Russian nationals, the Russian Government will take this matter before an international tribunal for violations of international law. Additionally, Russia will take further actions, as deemed necessary, to hold Thailand accountable for any breaches of the principles of diplomatic immunity and sovereignty. Conclusion The Russian Government is committed to upholding international law and protecting the rights and privileges of its diplomats and nationals. We urge Thailand to reconsider its position and to engage in constructive dialogue in accordance with established diplomatic norms. Please consider this letter as Russia’s official response to the matter, and we trust that Thailand will act in full respect of the principles of international law and diplomatic relations. Lucie Albrecht Minister of Foreign Affairs Russian Federation

 

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To: <Ministry of Foreign Affairs od the Russian Federation> Jay From: <Sarabun@mfa.mail.go.th> Subject: Bilateral Discussion and Clarification Security Type: NSST 1.0 Architecture | Secret and Encrypted

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To the Ministry of Foreign Affairs of Russia,

The Ministry of Foreign Affairs of the Republic of Thailand acknowledges the recent communication from the Ministry of Foreign Affairs of the Russian Federation and expresses its commitment to fostering mutual understanding and maintaining constructive dialogue between our nations.

In this regard, we wish to address any points of divergence that may have arisen regarding the role of the National Anti-Corruption Commission (NACC). As a constitutionally established, autonomous body within Thailand, the NACC operates independently of direct government oversight, tasked with upholding anti-corruption standards within Thai society. We understand that certain actions of the NACC may have been interpreted in ways that were not intended to reflect the official stance of the Thai government. However, the Ministry assures the Russian government that these actions are entirely within the purview of the NACC’s independent jurisdiction and do not represent official Thai government policy.

In reference to past judicial matters, including the detentions involving Russian nationals, we acknowledge that such issues may have impacted the goodwill that traditionally characterizes our bilateral relationship. While these events are the result of independent judicial processes, we recognize the importance of addressing any lingering concerns to pave the way for strengthened cooperation. Accordingly, the Minister of Foreign Affairs would welcome the opportunity to discuss avenues for advancing our mutual interests and addressing any residual concerns, in consultation with the esteemed Russian Foreign Minister, at a mutually convenient time.

Thailand values its partnership with Russia and believes that strengthening our relations will contribute positively to the stability and security of the global community. We are prepared to engage in constructive dialogue, based on mutual respect and adherence to international principles, as we collectively work towards a stable and peaceful international environment.

Sincerely,

Surakiart Sathirathai
Minister of Foreign Affairs
Republic of Thailand

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Digital Diplomatic Communication​

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