Trespassing case 'has no bearing' on Cambodia border dispute

January 8, 2011
By Supalak Ganjanakhundee
The Nation

Convicting the seven Thai nationals for trespassing in Cambodia would not overrule Thailand's right to claim sovereignty over the disputed border area near Sa Kaew's Ban Nong Chan, where the men were caught, Prime Minister Abhisit Vejjajiva and legal experts said yesterday.

The Cambodian court's ruling on the case would only be binding for individuals who were involved in the case, but would never be a reference point for boundary demarcation, he said.

Seven Thai nationals, including an MP from the ruling Democrat Party, Panich Vikitsreth, and yellow-shirt activist Veera Somkwamkid were arrested by Cambodian officials last week while inspecting the disputed area.

In his testimony, Panich told the Cambodian court that he had crossed the border by accident. Information from the Royal Thai Survey Department and the Foreign Ministry indicates that the group had only gone 55 metres into Cambodian territory.

Veera and other activists insist that this area belongs to Thailand because Thai authorities issued land titles for local residents a long time ago. Veera and his group were arrested at the same site last August.

The area in question has been occupied by Cambodians who fled from civil war at home in the late 1970s and refused to return after the war.

This border location had been demarcated more than a century ago, when Cambodia was a French colony, but the boundary pillars in the area were destroyed or removed. The two countries have not yet reached common ground as to exactly where the boundary pillars were.

Worry is growing in Thailand that Cambodia will take advantage of the case to claim sovereignty over the area.

Legal expert Panas Tassaneeyanond, meanwhile, said the Cambodian court had the authority to rule on each individual's guilt in accordance with Cambodian law but such a ruling had no binding on the boundary line with Thailand.

"Legally speaking, the ruling is specifically bound to each individual in the case," Panas said on a television programme.

Meanwhile, secretary to the foreign minister Chavanond Intarakomalyasut said the case should be kept separate from the boundary issue because the two countries had a joint boundary committee to handle the dispute. The Cambodian court's ruling should have no legal implication on the matter, he said.

The main argument in the case of the seven Thais jailed in Phnom Penh is whether they entered Cambodian territory unintentionally, he said.

Separately, Army chief Prayut Chan-ocha responded to allegations that the military was too weak to deal with Cambodia over the border dispute by saying that the issue should be settled through negotiations and that it would take time.

"With both sides claiming the same location, we cannot say who has lost it to whom, but we do have to say that we need to live together peacefully and with mutual respect," he said.

"The military does not fear anyone. We have the duty to protect our motherland. If it is clear that it is our land, we will not allow any invasion, but while it is still unclear, we will have to talk with our neighbours," he said.

A group of yellow-shirt activists met with officials at the Foreign Ministry yesterday asking the ministry to help them pay a visit to their colleagues in prison.

The court finished the first round of testimony on Thursday and their lawyer will submit a bail request on Monday. The court will then take five days to consider the request.