The National Anti-Corruption Commission’s subcommittee have found Samak’s cabinet guilty in the Phrea Vihar case. There were 28 ministers in the cabinet, and many of them are also working in Somchai’s government including Somchai.
They have violated Article 190(2) of the Constitution which stipulates that any treaty providing for changes in Thai territory or extraterritorial areas over which Thailand has sovereign rights must be approved by the National Assembly.
However, the subcommittee doesn’t point out whether Articles 119 and 120 of the Penal Code have been violated where the maximum penalty is capital punishment because it is out of NACC’s power.
To be updated!
The Joint Communique
The joint communique gave Thai support for Cambodia’s bid to list the temple as a World Heritage site on the condition that the 4.6-sq-km area which has not been demarcated was not included in the Cambodian application. It was signed by Foreign Minister Noppadon Pattama and Cambodia’s Deputy Prime Minister Sok An on June 18, a day after the Samak Sundaravej administration gave it the green light.
And this green light violated Article 190(2) – The Constitution Court ruled earlier.
NACC finds Samak’s cabinet members guilty over border temple contract
The National Anti-Corruption Commission on Thursday resolved to indict 28 members of the previous Cabinet, for their endorsement to a communiqu้ that supported Cambodia’s bid to list Preah Vihear Temple as a World Heritage site.
Ex-premier Samak Sundaravej and former foreign minister Noppadon Pattama were among those ex-ministers.
The anti-graft agency voted to charge them for negligence and violating Article 190 of the Constitution, which states that any treaty that would affect Thai territories or sovereign rights must be approved by the National Assembly, said Somlak Jadkrabuanphol, who was in charge of the investigation that led to yesterday’s decision.
The ex-ministers attended a Cabinet meeting that resolved to endorse the agreement signed by Noppadon and Cambodia’s Deputy Premier Sok An.
The Cabinet members who did not attend the meeting in question were not indicted.
Somlak said the NACC would inform those people in writing so that they can defend themselves against the charges, either in person or in writing.
Source: The Nation – Phrea Vihear Dispute
What will happen next?
Those 28 members of the previous cabinet will be given 15 days to defend themselves, and NACC will finally decide whether to send the case to the supreme court. Usually, the commission follows the subcommittee’s decision And if that happen, those 28 members if still working under the current government will have to stop working.
Discussion
- Constitution Court on Preah Vihear Communique (BangkokPundit.com)
Background
News in the Past
- Senators plan legal action over temple (The Nation)
- Noppadon agreement ‘unlawful’ (Bangkok Post)
- Thai temple backing ruled illegal (BBC News)
Thai temple backing ruled illegal
Thailand’s government should not have backed Cambodian efforts to seek world heritage status for a temple built on disputed land, Thai judges have ruled.
The constitutional court said the Thai government should have consulted parliament before backing the bid.
Cambodian authorities hope the new status will increase tourism
The Preah Vihear Hindu temple, near the Thai-Cambodian border, was awarded Unesco World Heritage status on Monday.
Thailand’s opposition said supporting the bid jeopardised Thai claims to disputed land in the border region.
In its ruling, the constitutional court gave its backing to suggestions the government had acted improperly.
“The government must consult and get approval from parliament before signing treaties with foreign countries,” a court spokesman told a news conference.
Local media reported political and academic opposition to the government’s decision.
Bangkok newspaper The Nation said some academics had called for the Thai foreign minister to resign for signing the agreement with Cambodia, and said a group of senators were considering impeachment proceedings.
Source: (BBC News) – Thai temple backing ruled illegal
Timeline (From Wikipedia)
- In January 2008, the Thai Defense Ministry from the 56th Cabinet of Thailand protested Cambodia’s attempt to register the temple as a UNESCO World Heritage Site without agreement from Thailand.[9]
- In March 2008, Cambodia informed Thailand of their plan to register Preah Vihear Temple as a World Heritage Site.
- In April 2008, Thailand (the 57th cabinet) and Cambodia planned a talk on the issue before the registration. Thailand insisted that it would support the registration of the temple but that the process ‘must not affect the disputed borderline’.[10]
- On June 18, 2008, Thailand and Cambodia made a joint communique regarding the temple registration.[11]
- On June 22, 2008, Cambodia closed the border crossing to Preah Vihear in response to Thai protests held at the border crossing. The protests were championed by anti-Thaksin opposition figure, self-declared bankrupt Sonthi Limthongkul, who claimed the government of Thai Prime Minister Samak Sudaravej had gained business concessions in Cambodia in payment for ceding Thai territory to Cambodia when negotiating the Preah Vihear site map that would be presented to UNESCO in Quebec, Canada. [12][8]
- On June 30, 2008 the Nation newspaper in Bangkok published an editorial online highly critical of the People’s Alliance for Democracy for its use of Preah Vihear temple in its campaign against the People Power Party government of Prime Minister Samak Sudaravej.[13]
- On July 2, 2008, as UNESCO began its annual meeting in Quebec, Canada, the Bangkok Post online published a Deutsche Presse-Agentur (German Press Agency) report that erroneously stated that Preah Vihear partially sits on Thai territory.[14] Following the Thai government’s decision to support Cambodia’s bid for World Heritage listing, anti-Thaksin Shinawatra Thai opposition figures mounted a legal challenge against Thai Foreign Minister Noppadon Pattama.
- The Thai Constitutional Court finally upheld the suit on 7 July 2008 in an 8-1 judgment that the foreign minister’s joint communique with Cambodia was ‘unconstitutional’.[15] [16] Whilst UNESCO met in Quebec, Canada, there were about 20 Thai people standing and protesting outside holding sign “Noppadon, you are a LIAR” and Thai flags.
- On July 8, 2008, thousands of Phnom Penh residents marched through the streets in celebration of the inscription of Preah Vihear temple by UNESCO. On the same day, the Municipality of Phnom Penh held an evening outdoor concert at Wat Phnom to celebrate the inscription of Preah Vihear temple by UNESCO earlier in the day. The concert was nationally broadcast on CTN, emceed by Cambodia’s biggest television star and featured traditional Khmer performances as well as a fireworks display. Despite persistent rain, thousands of Cambodians attended.[8]
- On July 10, 2008, Thai Foreign Minister Nappadon Pattama resigned over the listing of Preah Vihear by UNESCO. His resignation followed the 8-1 judgment by the Thai Constitutional Court that he had violated Article 190 of Thailand’s 2007 Constitution, which calls for a public debate and Cabinet-level approval before any such authorization can take place.[17][8]
- On July 14, 2008, 8,000 Cambodians filled Phnom Penh’s Olympic Stadium Indoor Arena for a concert hosted by Deputy Prime Minister Sok An and simulcast on Bayon Television. Sok An had just returned from UNESCO’s annual conference in Quebec, Canada, where Preah Vihear was inscribed as a World Heritage site.[18]
- On July 15, 2008, cross-border tensions flared after Cambodian authorities arrested three Thai nationals who had crossed the closed border in an effort to plant the Thai flag on the temple grounds. Several dozen Thai soldiers were reported to have subsequently crossed the border. One Thai soldier lost his leg to a landmine detonation.[19][20] [21]
- Thailand maintains its troops are deployed to protect its sovereignty and ensure that any protests by Thais near the temple remain orderly, although a senior Thai military official acknowledged that the troops were on “disputed” ground.
- On July 16, 2008, Thailand increased the number of troops stationed in the illegally-occupied border region[22] adjacent to Preah Vihear temple.
- On July 17, 2008, the total number of troops at the temple increased to over 1,000, with some of the 400 Thai troops in the area occupying a Buddhist pagoda within Cambodian territory. Thai forces have denied they are inside Cambodian territory.[23][24][20]
- On July 18, 2008, the Thai government handed Cambodia a letter from Prime Minister Samak Sundaravej insisting Thai troops are deployed on Thai soil. In a letter to Hun Sen, the Thai PM said Cambodian troops and buildings on the disputed 4.6 km² (1.8 sq mi) area were a “violation of Thailand’s sovereignty and territorial integrity”, but that his government was “resolved to seek a just and peaceful solution to the situation.”[26][27]
- On July 19, 2008, the Thai and Cambodian governments sent more troops and heavy guns to the disputed border[28] ahead of high-level talks scheduled for 21 July 2008 between the Cambodian defence minister and Thailand’s supreme military commander.[29]
- On 21 July 2008, Cambodian Defence Minister Tea Ban and Thai Army commander Boonsrang Niempradit held talks in Thailand. The talks achieved no outcome.[30]
- On 22 July 2008, Thailand rejected the assistance of ASEAN in resolving the border dispute. Thailand’s statement came as ASEAN foreign ministers began a meeting in Singapore. The BBC reported that Cambodia had requested UN assistance in resolving the border dispute. The previous week the Cambodian government denied it had made such a call after similar news stories were published.[31]
- On 23 July 2008, a spokesman for Cambodia’ s prime minister suggested that Cambodia may take the case to the International Court of Justice, as was done in 1962.
- On 24 July 2008, Cambodia announced it would postpone its request to the United Nations until the bilateral negotiation at Siem Reap in 28 July was finished.
- On August 1, 2008, Bun Rany, wife of Cambodian Prime Minister Hun Sen, conducted a Buddhism ritual in a temple that is in a disputed-area; thousands of Cambodian people also joined the ritual. The anti-Thai government People’s Alliance for Democracy (PAD) leaders on that night led thousands of their supporters in a rival ritual, by praying Suttas that the Gautama Buddha gave to his monks, this is to prevent any negative effects from the Cambodian one, they claimed. Furthermore, there were numbers of Thai people accusing Bun Rany conducted a black magic, aimed to weaken Thailand; they believed so as Cambodia has many expertise of black magic.[33]
- On August 1, 2008, The Nation newspaper in Thailand published an editorial criticizing Cambodia for calling on the international community to help resolve the Preah Vihear stand-off.[34]
- On August 3, 2008, Cambodia claimed that Thailand occupied a second Angkorian-era temple complex, Ta Moan Thom and Ta Moan Touch, in Oddar Meanchey Province.[35]
- On August 5, 2008 Kriengkrai Sampatchalit, Thailand Fine Arts Department director replied to Cambodia, after many angers of Cambodians, “The Prasat [Ta Moan Thom Temple] is located just about 100 metres from the border on Thai soil.”
- According to the Thai authorities, the Ta Moan Thom complex is in Thailand territory as evidenced by the Fine Arts Department’s registration of the ancient ruin as a Thailand national archaeological site 73 years ago in 1935.
- Tharit Charungvat, Thailand ministry’s chief spokesman said, “Thailand has not boosted the number of its troops [in Ta Moan Thom Temple].”[1]
- Thai Army chief Anupong Paochinda said Thai troops would remain at Ta Moan Thom because the temple is in Thailand.[36]
- On August 7, 2008 ASEAN reported that both Thailand and Cambodia have withdrawn their troops from the Ta Moan Thom temple area to their original bases, according to AFP[37].
- Thai Prime Minister Samak Sundaravej reportedly is expected to visit the area near the Preah Vihear Temple, but not the Temple itself, according to Cambodian sources. Cambodia and Thailand will hold a second foreign ministers’ meeting in Thailand on August 18, 2008 to seek a peaceful solution to the 25-day-long military standoff over the border dispute[38].
- On August 14, 2008, both nations’ militaries agreed to reduce troop levels at Preah Vihear Temple prior to a meeting between their foreign ministers.[39]
- On September, 2008, Cambodia accused Thailand sending troops to occupy Ta Moan and Ta Kwai temples; despite the fact that Thai Fine Arts Department registration of the ancient ruins in 1935, with Cambodia as French Indochina and is not part of 1962 judgment.[40]
October clashes
- On October 3, 2008, Thai and Cambodian troops exchanged fire on each other on the disputed territory near the Preah Vihear Temple. The fighting lasted for nearly three minutes, wounding two Thai soldiers and one Cambodian soldier.[41]
- On October 4, 2008, commanders of the two countries met at their disputed border area amid accusations that each side had caused a border skirmish on the previous day. Hosted by the Cambodian commander in the area Srey Dek and his Thai counterpart Colonel Chayan Huaysoongnern, the two sides called for the situation to return to normalcy.[42]
- On October 6, 2008, two Thai soldiers were wounded by landmines in the border area after allegedly wandering one kilometer into Cambodian territory.[43]
- On October 13, 2008 Cambodia’s prime minister, Hun Sen, issued an ultimatum to Thailand to withdraw troops from a disputed border area by noon Tuesday, October 14. Hun Sen said Thai troops had advanced on a border area called Veal intry (Eagle Field) near the temple in an attempt to occupy Cambodian land near Preah Vihear. “They must withdraw,” he said. Thailand’s Prime Minister, Somchai Wongsawat, said he had ordered the army to “take care of the situation so there is no violence.” “We do not object to redeployment so there is no confrontation,” Somchai told reporters, adding that he was not aware of Hun Sen’s deadline.[44]
- On October 14, 2008 Cambodian and Thai forces opened fire on each other once again in the border area, leaving three Cambodian soldiers dead and two Cambodian and seven Thai soldiers wounded.[45] The Cambodians claimed to have captured 13 Thai soldiers during the battle, but the Thais denied this. Although commanders from both sides were trying to negotiate a cease fire, Thailand urged Thai nationals to leave Cambodia.[46]
- On October 18, 2008, a Thai soldier was accidentaly killed by his own weapon at Phu Ma Khua.[47]
- On October 21, 2008, one of the Thai soldiers wounded in the October 14th clashes died of his wounds.[48]
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