Opinion; The Arrest of Seven Thais Intruders – Is it A Legal Issue or a Border-Dispute?

Legal Controversy?

By Sam Sotha

{The comments are solely the opinion of the author and   do not necessarily reflect the opinion of the Royal Government of Cambodia} 

On December 29, 2010, seven Thais had been arrested by Cambodian authorities  for illegally entering Cambodia. These seven were sent to a Cambodian prison in Phnom Penh for temporary detention.  The Municipal Court (First Instance Tribunal) charged them with: 1) illegal crossing into Cambodian territory and 2) unlawfully entering a military base with ill will.  They had their   first hearing at the Court on Thursday, January 6, 2011.

These seven Thais include a Member of Thai Parliament, Mr. Nanich Vikitsreth; Mr. Veera Somkwamkid, a co-leader of a political Thai group called People’s Alliance for Democracy (PAD), known as the “Yellow Shirt”.  Mr. Veera had been arrested several times by Cambodian authorities before.  The last one was in August 2010, and again was charged for the same offense - illegal border crossing.

Their arrest has since then stirred up political and legal controversies in Bangkok.  Some Thai groups have urged their government to seriously negotiate with Prime Minister Hun Sen, basically meaning or implying that the seven should be released unconditionally, and in the process alleging falsely that the  seven were arrested on Thai territory instead.

Thai Prime Minister Mr. Abhisit Vijjajiva said on Friday, January 7, (published in Bangkok Post) that his Party was concerned only the charges against the seven arrested individuals and that the charges cannot be used to support any claim by Cambodia over border demarcation, nor would it allow Cambodia to get everything it is seeking for at the World Heritage Committee meeting in Bahrain in June this year.

These people are in the stage of confusion.  These people are in the stage of illusion and delusion.

Firstly, the judicial branch of someone’s government is at risk.  The world judicial system is at risk. Trespassing into someone else’s property or land without permission is illegal.  Trespassing into a sovereign country’s border without permission and proper travel documentation, intentionally or unintentionally is illegal and must be arrested and prosecuted under the affected country’s jurisdiction.

There are many countries in the world, which have arrested people who crossed their border, detained them and prosecuted them. So allow the Cambodian Court to do its job unhindered and unimpeded.  Justice in every civilized sovereign state must be implied through its own judicial system which subscribes fully to the principles of rule of law of the land without exception or  “double standards”.

As far as the so called disputed area in the case is concerned, it does not make any sense.  The arrest of seven Thais was made in Cambodian territory.  On his return from Cambodia, Thai Foreign Minister Kasit Piromya stated that the seven were found to have been on Cambodian soil during their arrest. He said that a survey by officials from the Department of Treaties and Legal Affairs and the Royal Thai Survey Department found that the seven were also inside Cambodia. This statement is clear evidence to implicate and convict the seven!

The seven Thais themselves had admitted to intruding into Cambodian soil when shown their actual position on the map and the video recording of their presence.  The seven knew that they had entered Cambodian territory, Sa Kaeo governor Sanit Naksooksri said. Furthermore, Mr Sanit said the government could not make the excuse that the seven Thais led by Democrat Party MP Panich Vikitsreth and yellow-shirt activist Veera Somkwamkid had lost their way and entered Cambodia accidentally.

In a later statement, the yellow shirts (published in Bangkok Post on 12 January) did admit that the Thais had trespassed onto sovereign Cambodian soil, with the hope that they would get a royal pardon from the Cambodian King.

So, let the Cambodian Court do its job!

Secondly, the above mentioned groups deserved to be reminded about the principles of international law.  “There are no disputed areas!”  Cambodia’s government has always used the internationally recognized map in every negotiation, the map used by the International Court of Justice (ICJ) in The Hague, on June 15, 1962 to deliver its judgment. The Court noted that Thailand in 1908-1909, did accept the Annex I map as representing the outcome of the work of delimitation, and hence recognized the line on that map as being the frontier line. The Court concluded further that “the acceptance of the Annex I map by the Parties caused the map to enter the treaty settlement and to become an integral part of it”; and thereby conferred on it a “binding character”.

To this end the Court decided among the 3 points that: 1)“finds that the Temple of Preah Vihear is situated in territory under the sovereignty of Cambodia”; and that 2) Thailand is under an obligation to withdraw all military, police or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory.”

Cambodia never uses unilateral or a non internationally recognized map!

Those extremist groups have repeatedly betrayed history and the principles of “International Law”:  The Temple of Preah Vihear is the property of Cambodia thereby the submission of the management plan to World Heritage Committee to preserve the Temple is Cambodia’s ultimate goal.

Any action which lacks of maturity and is contrary to the above principles would ignite tensions and will surely put Thailand at a disadvantage in any future negotiations.

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Mr. Sam Sotha is the author of the “In the Shade of A Quiet Killing Place”. His personal memoire. About the book visit the www.heavenlakepress.com

Editorial; Seven Thais Detained for Trespassing and Intrusion Must Face Cambodia’s Legal Process to go through its motions

Some Thai ultra-nationalists, including the Thai Yellow Shirt members are trying to mislead their own people and the world public by insisting that Cambodia is politicizing the case of the seven Thais who had intruded into sovereign Cambodian territory intentionally. They are deliberately and systematically embarking on a mission to mislead and hoodwink people that the Thais were arrested on their side of the border when the detained Thais had self incriminating evidence which proves beyond doubt that they had intentionally and deliberately trespassed into Cambodian territory.

The arrested seven includes a Democratic Bangkok lawmaker Panich Vikitsreth. The Thais cannot even get their act together. While the yellow shirts claimed the seven were arrested in Thai territory, others argued that the group, including a leading member of the Thailand Patriot Network, Veera Somkwamkid, was apprehended on the disputed area.

Irrespective of what the misled and misinformed Thai agent provocateurs are claiming and spreading malicious rumors,  the cold hard truth remains and cannot be changed or altered to suit political expediency or change its factual data to suit Thailand’s internal and domestic political agenda. The facts are indisputable. Video and documentary evidence, including that of the Thai military themselves that the seven had intruded well into Cambodian territory and had even ignored Thai military efforts to stop.

The fact remains that the seven had intruded not meters but deep inside into sovereign Cambodian territory on December 29, 2010 and had videotaped themselves while doing so, a self incriminating act which cannot be disputed as witnessed the world over, including Thailand. To be explicitly clear, the seven they were apprehended 1.2 km inside Cambodian territory in O’ Beichoan commune, O’Chrov district, Banteay Meanchey province.

They did not only enter Cambodia illegally, they also trespassed into a Cambodian military base there. For those who are unsure of what had transpired and happened with the seven, they should take steps to learn more about the factual situation on the ground before making noises as empty vessels makes the most noise. Thus, it is worthwhile to recall the video clip of Panich’s conversation with his secretary alias Q, quoted verbatim as saying “we are now in Cambodian territory but do not tell anyone else “or let” others know about it, only the PM knows. Tell him to be quiet about this. If there is something happening, I will coordinate/make contact. Tell him (PM) we have crossed.” In one part of the third video, Veera said “Let’s go, if we go there, we will get arrested for sure.” These video footages, which have been well published by national and foreign media, were captured by one of the seven Thais who was detained in Cambodia. Their activities were also confirmed by Thai Foreign Minister Kasit Piromya who said that the seven were inside Cambodian when they were arrested. Cambodia’s chairman of the joint border committee, Var Kimhong, said that the area visited by the seven Thais had already been demarcated based on the 1904 and 1907 Treaty.

So there was no doubt that Cambodian forces or authorities had crossed the border into Thailand and grabbed the seven just to detain at Prey Sar prison because, if the Cambodians were to have done that, the roles would have been reversed and Cambodian authorities/forces would have been in Thai prisons and accused of trespassing. The group, which was led by Veera and Panich, are the main instigators of anti-Cambodia actions and should blame themselves for violating Cambodia’s sovereignty. Now the ball is squarely in the court’s hand and the seven Thai suspects, including journalists, have to face Cambodia’s law and legal procedures. This cannot be circumvented or violated.

The seven have been charged with illegal entry under the immigration law and fraudulently entering a Cambodian military area under the newly enacted penal code. If convicted they would get up to 18 months imprisonment in addition to  up to $500 in fine each.

The trial court of Phnom Penh also charged Veera Somkwamkid and his secretary Ratree Pipatanapaiboon with espionage given the fact that they intruded into a sensitive Cambodian military zone an attempt to collect information that could affect Cambodia’s national defense. The offence of espionage carries up to 10 years imprisonment if convicted.

Although the suspects admitted that they were on Cambodia’s land, according to their lawyers and investigating judge, still some Thai nationalists did not accept the truth since they have misguided political tendencies. These deficiencies, stroked by foolish ultra nationalism prompted them to hold mass rallies to pressure the government to secure the release of the detainees. My words for the Thai ultra nationalists is that the political move by deliberately mixing public opinion with politics, including petitions earlier this month to the United Nations office representative in Bangkok, will not help you to solve this problem given the fact that the case is purely related to Cambodia’s immigration and penal law, which has nothing to do with the international issue.

We are sure the Thais and others would have heard what Cambodian Prime Minister Hun Sen said “no one can intervene in the judicial system, neither the government nor foreigners, nor Cambodians”. So it is best for the misguided Thais to refrain from internationalizing and politicizing the issue and leave it to Cambodia’s court to finish with the judiciary procedures and allow the law to take its due course.

It would also be worthwhile to recall that PM Hun Sen said that the Thai suspects could not expect early release if they are found guilty. However, a golden opportunity for the convicts is that Cambodia’s government could consider whether they should be pardoned or not after the convicts will have serve two thirds of their sentences. So leave the court to fully exercise its legal power, which must be respected and no one should attempt to intervene in the judicial system. Cambodian court procedures are not different from those of the Thai courts and that no one should put pressure on the court and I personally am of the view that the case of the seven Thai suspects does not affect the bilateral relations of our country. Even the Thai Prime Minister has declared that he would not comment much since it is currently under consideration of Cambodia’s judicial system.

I am however surprised by the comment of the Thai New Politics Party secretary-general who was quoted in The Bangkok Post on Jan 5 that the different set of facts over the seven Thais could benefit Cambodia. This is ridiculous to me because the Thais themselves had created the current problems and instead of showing remorse, were trying to take the upper hand on Cambodia, meaning that the Thais had intentionally intruded into Cambodia and even had the audacity to inform the Cambodian border officials ahead.

I am convinced that the case will not reignite the diplomatic row between the two ASEAN neighbors and I hope our two countries will maintain good bilateral relations for peaceful co-existence while protecting each other’s rights and sovereignty. As Abhisit said that it is the government’s duty to do everything possible to bring the seven Thais back to Thailand without any effect on the country’s sovereignty. Now you can see that even the Thai PM assured his people that they would be O.K, so maybe the Yellow Shirt activists do not have to worry much by organizing or holding rallies from time to time as this is a clear waste of time and a weak attempt to pressurize Cambodia’s courts.

At the same time these Thai Yellow Shirt activists and their allies should stop their rallies as such acts will instigate social unrest which would not bring any benefit to your country. If I were the Yellow Shirt, I would rather focus on my daily business and wait and see how the Cambodian court will rule at the end of the day. You should not worry about your people who are being detained in Cambodia because they are well treated like Cambodian detainees as you have seen that relatives and friends of the detainees and Thai veteran politicians have been allowed to visit them in the detention centre while the court continues investigating the case. Their rights are fully respected by Cambodia. The court is merely doing its job and they would receive a fair trial. Last but not least only the accused can tell why they were there. Either they intentionally intruded into the area or were told to do so—given the fact that Thailand’s Prime Minister Abhisit was aware that the Democrat law maker Panich had gone to the border area of Prachin Buri. But what made Panich lead the team to Sa Kaeo province instead. This is a question which only the Thais can answer. Even Panic himself told Abhist’s secretary over cell phone that “it is difficult for the (Thai) government to help when they were arrested if he and six others were in Cambodia”.

Panich, who was formerly an assistant to the foreign minister, is well aware about the border issue given his past work which dealt with the disputed border with Cambodia. He was telling the whole world that he had crossed Cambodia’s border intentionally. For Veera he had reportedly entered Cambodia’s territory before in the past as to what Cambodia’s Foreign Minsister Hor Namhong elucidated by saying that Veera had illegally crossed into the same area twice before in July and September last year, but did not penetrated as deeply into Cambodian territory until his group was arrested in late December. So what one can ask what is his real agenda behind his illegal and unlawful entry into Cambodia?

By Ek Madra

Ek Madra is a Cambodian roaming journalist,

contacts: ekmadraus@yahoo.com.

Tel: (855) 12 906 563

មន្ដ្រីកម្ដុជាចាត់ទុក ប្រេន អាដាម ជាមេចោរព្រៃ ចង់បំផ្លិចបំផ្លាញ សន្ដិភាពនិងការ អភិវឌ្ឍន៍នៅកម្ដុជា

ភ្នំពេញ ៖ មន្ដ្រីនៃរាជរដ្ឋាភិបាលកម្ពុជា បានបញ្ចេញកំហឹង ជំនួសមេដឹកនាំរបស់ខ្លួនដោយប្រើពាក្យសម្ដី ព្រមានធ្ងន់ៗទៅលោក ប្រេន អាដាម នាយកប្រតិបត្ដិទទួលបន្ទុកសិទ្ធិមនុស្សនៅអាស៊ី របស់អង្គការឃ្លាំមើល សិទ្ធិមនុស្ស (Human Right Watch) ដែលបានផ្ដល់កិច្ច សម្ភាសន៍ជាមួយវិទ្យុបរទេស មួយ នាព្រឹកថ្ងៃទី១៤ ខែមករា ឆ្នាំ២០១១ដោយរិះគន់យ៉ាងខ្លាំង ចំពោះប្រមុខនៃរាជ រដ្ឋាភិបាល សម្ដេចតេជោ ហ៊ុន សែន។
មន្ដ្រីនៃរាជរដ្ឋាភិបាល ខាងលើនេះ បាន ប្រើពាក្យសម្ដី ដោយចាត់ទុកជន បរទេសខាងផ្នែក សិទ្ធិមនុស្សរូបនេះថា ជាមេចោរ ព្រៃ មានបំណងចង់ បំផ្លិចបំផ្លាញ សន្ដិសុខ ក្នុង សង្គមកម្ពុជា។ លោកប្រេន អាដាម តាមរយៈបទ សម្ភាសន៍ជាមួយវិទ្យុបរទេស មួយ ដោយរិះ គន់ទៅសម្ដេចប្រមុខនៃរាជរដ្ឋាភិបាលតេជោ ហ៊ុន សែន ថាគឺជា មេដឹកនាំមួយរូបកាន់ តំណែងជានាយករដ្ឋមន្ដ្រីយូរឆ្នាំ ហើយឈាន ទៅរករបប ផ្ដាច់ការ។

មន្ដ្រីអង្គការសិទ្ធិ មនុស្សអន្ដរជាតិរូបនេះ បានលើកឡើងទៀតថា សម្ដេចនាយក រដ្ឋមន្ដ្រី ហ៊ុន សែន អាចគ្រប់ គ្រងប្រទេសរហូត មកដល់បច្ចុប្បន្ននេះដោយ សារតែ ប្រើប្រាស់យុទ្ធវិធីបំបែក និងគំរាម កំហែងដើម្បីត្រួតពិនិត្យតាមរយៈការទិញទឹក ចិត្ដ មន្ដ្រីមួយចំនួននៅក្នុងគណបក្សប្រឆាំង ។ លោក ប្រេន អាដាម បានរិះគន់ទៀតថាប្រាក់ចំណូលទាំងឡាយ ដែលប្រមូលបានពី ការធ្វើអាជីវកម្មពីធនធានធម្មជាតិ នោះត្រូវ បានធ្លាក់ចូលទៅក្នុងហោប៉ៅ របស់បណ្ដាមេ ដឹកនាំនៃរាជរដ្ឋាភិបាលកម្ពុជាដូច្នេះមន្ដ្រីរូបនេះ បានជំរុញឱ្យសម្ដេចតេជោ ហ៊ុន សែន រៀបចំការបោះឆ្នោត ដើម្បី ជ្រើសរើសមេដឹក នាំថ្មីមួយ។ ទីប្រឹក្សារាជរដ្ឋាភិបាល និងជាអ្នកនាំពាក្យ អង្គភាព ព័ត៌មាន និងប្រតិកម្មរហ័សនៃទីស្ដី គណៈរដ្ឋមន្ដ្រី នៅរសៀលថ្ងៃទី១៤ ខែមករាឆ្នាំ២០១១ បានព្រមានទៅមន្ដ្រីរូបនេះដោយ ចាត់ទុកថា ជាការលើកឡើងគ្មានដឹងទិសតំបន់ និងគ្មានមូលដ្ឋានច្បាស់លាស់ ដែល ប្រជាពលរដ្ឋខ្មែរទាំងមូល មិនអាចអត់ឱនដល់បុគ្គលរូបនេះបានឡើយ ដែលបានមើល ងាយដល់មេដឹកនាំរបស់កម្ពុជា ដែល លេច ចេញពីការបោះឆ្នោតតាមព្រ័ន្ធប្រជាធិប តេយ្យយ៉ាងពិតប្រាកដនោះ។
លោក ទិត សុធា បានបញ្ជាក់ថា “ខ្ញុំសូម ចាត់ទុកបុគ្គលរូបនេះ ជាមេចោរព្រៃដ៏ងងឹតងងល់ ដែលចង់បំផ្លាញសន្ដិភាពនិងការ អភិវឌ្ឍន៍នៅក្នុងប្រទេសកម្ពុជា ដែលជាសមិទ្ធផលយ៉ាងពិតប្រាកដ លេចចេញពីការ ដឹកនាំដ៏ត្រឹមត្រូវ របស់សម្ដេចនាយក រដ្ឋមន្ដ្រី ហ៊ុន សែន និងថ្នាក់ដឹកនាំជាច្រើនផ្សេងទៀត របស់គណបក្សប្រជាជន កម្ពុជា”។

លោក ទិត សុធា បានរៀបរាប់ថា រហូត មកដល់បច្ចុប្បន្ននេះ ប្រទេសកម្ពុជាបានទទួលការអភិវឌ្ឍន៍កាន់តែខ្លាំងឡើងៗ ក្រោមការ ដឹកនាំរបស់រាជរដ្ឋាភិបាល ដែលមាន សម្ដេច តេជោជានាយករដ្ឋមន្ដ្រី ហើយជាពិសេសនោះ ប្រជាពលរដ្ឋទាំងអស់ មិនអាចបំផ្លិច បាននូវគុណសម្បត្ដិ នៃការស្រោចស្រង់ ប្រទេសជាតិនាថ្ងៃ៧មករាឆ្នាំ១៩៧៩ ហើយ រហូតមកដល់ពេលនេះ ប្រជាពលរដ្ឋកម្ពុជា ទាំងអស់បានវាយតម្លៃ ដោយ មោទនភាព ចំពោះការដឹកនាំរបស់សម្ដេចតេជោ ហ៊ុន សែន។  ដោយបញ្ចេញ កំហឹងមិនអាចទប់ទ្រាំ បានចំពោះមេដឹកនាំ របស់ខ្លួនឯងនោះ ទីប្រឹក្សា រាជរដ្ឋាភិបាល រូបនេះ បានចាត់ទុកលោក ប្រេន អាដាម ជាមនុស្សខ្វាក់ភ្នែក និង និយាយគ្មាន មូលដ្ឋានត្រឹមត្រូវ។

លោក ទិត សុធា បានសង្កត់ធ្ងន់ថា “មិនគួរគប្បីជនបរ ទេសរូបនេះមកបន្ទាបបន្ថោកដល់មេដឹកនាំ កម្ពុជា ដែលទទួលបានការគាំទ្រតាមរយៈ ការបោះឆ្នោតក្នុង សំឡេងដ៏ភ្លូកទឹកភ្លូកដី តាមរយៈប្រព័ន្ធប្រជាធិបតេយ្យយ៉ាងពិត ប្រាកដនោះទេ”។មន្ដ្រីនៃរាជរដ្ឋាភិបាលខាងលើបាន ចាត់ទុកលោក ប្រេន អាដាម ថាបានរំលោភសិទ្ធិនយោបាយរបស់សម្ដេចតេជោ ហ៊ុន សែន ដោយហេតុថា សម្ដេចហ៊ុន សែនត្រូវបានថ្នាក់ដឹកនាំគណបក្សប្រជាជនកម្ពុជា សម្រេចគាំទ្រជាបេក្ខភាព នាយករដ្ឋមន្ដ្រីសម្រាប់អាណត្ដិទី៥ និងអាណត្ដិក្រោយៗ ទៀត។ ពាក់ព័ន្ធទៅនឹងការរិះគន់ របស់លោក ប្រេន អាដាម ថា បញ្ហាបញ្ចេញមតិនិងសិទ្ធិ សេរីភាព រួមទាំងការគោរព សិទ្ធិមនុស្សនៅ ប្រទេសកម្ពុជា មានការធ្លាក់ចុះនោះត្រូវបាន លោក ទិត សុធាបកស្រាយទៅវិញថា គឺជា ការមួលបំភ្លៃការពិតទាំងស្រុង ពីព្រោះថា សិទ្ធិមនុស្សនៅ កម្ពុជា គឺជាឋានសួគ៌ ហើយ មានបុគ្គលខ្លះបានប្រើប្រាស់សិទ្ធិរបស់ខ្លួន ហួសដែន កំណត់ រហូតដល់មានការប្ដឹងផ្ដល់ ដល់ប្រព័ន្ធតុលាការដើម្បីបង្ហាញថា រឿងរ៉ាវប្ដឹងផ្ដល់គ្នានៅកម្ពុជា គឺនឹងត្រូវបានដោះ ស្រាយតាមរយៈប្រព័ន្ធតុលាការដោយឯករាជ្យ។
មន្ដ្រីនៃរាជរដ្ឋាភិបាលខាងលើបានចាត់ ទុកលោក ប្រេន អាដាម ថាបានងប់ងល់នឹងនិន្នាការរបស់គណបក្សប្រឆាំង ហើយមក មើលងាយដល់ថ្នាក់ ដឹកនាំនៃរាជរដ្ឋាភិបាលដែលលេចចេញពីឆន្ទៈពិតប្រាកដរបស់ប្រជា ពលរដ្ឋកម្ពុជា។

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