Court orders revocation of Preah Vihear joint communique

30/12/2009
Bangkok Post

The Central Administrative Court on Wednesday ordered the revocation of a resolution passed by the Samak Sundaravej cabinet approving the Thai-Cambodian joint communique supporting Phnom Penh's bid to list Preah Vihear temple as a World Heritage site with the United Nations Education, Scientific and Cultural Organisation.

The joint communique was issued on May 22, 2008 and the cabinet under the late PM Samak passed the resolution approving it on June 17 of the same year.

The case was filed on June 24 last year by 13 people including senators, academics and human rights activists.

In their complaint, they asked the court to revoke the June 17 cabinet resolution supporting the joint communique because it was not given parliamentary approval as required under Section 190 of the constitution.

The joint declaration was signed by Mr Noppadon and Cambodian Deputy Prime Minister Sok An on June 18 last year, a day after the Samak administration gave it the green light.

On June 28 last year, the Administrative Court issued an injunction ordering the suspension of the joint communique. The Supreme Administrative Court later upheld the ruling.

The Central Administrative Court ruled that the communique was a form of agreement that involved Thailand's boundary. The communique, therefore, required prior approval from parliament, it said.

The court ordered the revocation of the communique as requested by the petitioners.

Mr Nitithorn Lamlua, a lawyer of the People's Alliance for Democracy, said he would send the court verdict in this case to the National Anti-Corruption Commission and ask the anti-graft agency to take legal action against Mr Noppadon for malfeasance.

Mr Noppadon earlier argued that the joint communique did not require parliament's approval because it was not an international treaty. He said the document would not lead to the loss of Thai territory to Cambodia as it made clear to Phnom Penh there would be no change regarding the disputed area near Preah Vihear.

Preah Vihear case [in Thailand] to run till Tuesday: Klanarong

Klanarong

September 23, 2009
The Nation

The National Anti Corruption Commission is expected to complete its deliberation on the Preah Vihear impeachment case involving the Samak Sundaravej government by next Tuesday, NACC member Klanarong Chintik said yesterday.

The NACC had already started hearing the case but it would take a week to complete since the proceedings had to cover the individual involvement of each accused, Klanarong said.

"Today's deliberation has covered 12 of 44 accused ministers and officials and the NACC should be able to rule on the case by September 29," he said.

At the heart of the legal wrangling is whether the then prime minister Samak and his ministers intentionally bypassed Parliament when drafting the Cambodian-Thai memorandum of understanding related to Preah Vihear Temple dispute.

Under Article 190 of the Constitution, the government is obligated to seek approval from parliament on the framework to negotiate an international agreement when it has ramifications in regard to borders.

Based on the Constitution Court ruling last year, the government failed to comply with Article 190.

Klanarong said the NACC had to determine the involvement of each accused in order to apportion the wrongdoing involved by each of the accused.

After reviewing the wrongdoing committed by each, the next step was for the NACC to name those targetted for impeachment and those who will face criminal prosecution.

He denied speculation that the NACC might target former foreign minister Noppadon Patama to shoulder the blame alone, saying the deliberation had not even reach halfway to form any conclusion.

[Thailand's] NACC accuses 12 officials of misconduct [over Preah Vihear joint communiqué]

Noppadon: Resigned over temple row

More face heat over Preah Vihear letter

23/09/2009
KING-OUA LAOHONG
Bangkok Post

Anti-corruption officials are accusing 12 people, including former foreign minister Noppadon Pattama, of misconduct over the signing of a joint communique with Cambodia concerning the Preah Vihear temple.

National Anti-Corruption Commission will release the findings of its inquiry into allegations about the communique today, but yesterday would not say who the 12 were. But a source close to the commission's inquiry confirmed Mr Noppadon, a former lawyer for ousted prime minister Thaksin Shinawatra, was among them.

Serving cabinet members and government officials are included in the investigation into the role of 44 people in connection with the signing of the Preah Vihear communique.

NACC member and spokesman Klanarong Chantik said the commission had yet to decide whether to formally accuse 32 individuals over the communique in which Thailand gave support for Cambodia's unilateral registration of the ancient Preah Vihear temple as a World Heritage site with the United Nations Educational, Scientific and Cultural Organisation (Unesco).

The communique was declared illegal as it had not been approved by the parliament as required by law.

The decision on the 32 individuals would be made on Sept 29, the NACC spokesman said.

He said the delay was caused by the adjournment of yesterday's NACC meeting when chairman Panthep Klanarongran had to leave to attend a senator selection at parliament.

Mr Noppadon was foreign minister in the Samak Sundaravej administration when the communique was signed. It had not received prior consent from the parliament as required by Article 190 of the 2007 constitution.

The NACC yesterday did not say if Mr Noppadon was among the 12 people being formally accused.

Its decision to name the 12 for further legal action ignores the recommendation of its fact-finding subcommittee that only Mr Noppadon formally face prosecution, the source said.

The subcommittee, headed by Somluck Jadkrabuanpol, thought the evidence was sufficient to implicate only Mr Noppadon and that the others under investigation should be spared further legal action, the source said.

The panel felt that if formal charges were laid, they would likely be acquitted.

Mr Noppadon signed the joint communique with Cambodian Deputy Prime Minister Sok An on June 18 last year.

The Constitution Court later ruled the communique unconstitutional as it had bypassed parliamentary approval. Mr Noppadon later resigned as a political row raged over his decision to recognise Cambodia's right to Preah Vihear, which Thailand has never fully accepted.

The ministers investigated by the NACC who served under Mr Samak and are now in the present cabinet are Deputy Prime Minister Sanan Kachornprasart, Natural Resources and Environment Minister Suwit Khunkitti, Information and Communications Minister Ranongruk Suwunchwee and Deputy Finance Minister Pradit Phataraprasit.

Anti-graft Panel Postpones Ruling on Phreah Vihear Case

22 September 2009
Thai-ASEAN News Network

The National Anti-Corruption Commission has postponed its ruling on the Preah Vihear joint communique case against the Samak Sundaravej administration. The deputy prime minister for national security sees no need for a Cabinet reshuffle if the panel delivers a guilty verdict despite the inclusion of four Cabinet members as defendants.

The National Anti-Corruption Commission, or NACC, has postponed its ruling on the Samak Sundaravej Cabinet's endorsement of the joint communique that supported Cambodia to list the ancient Preah Vihear Temple as its world heritage site to Septmber 29. The panel said its investigation report is still not completed.

Deputy Prime Minister Suthep Thaugsuban urged all sides not to try to predict the outcome of the case and said there is still no need to reshuffle the Cabinet or dissolve the House even though the NACC's ruling could have bearing on the status of four current ministers who were members of the Samak Cabinet.

The four are Deputy PM Sanan Kajornprasart, Natural Resources and Environment Minister Suwit Khunkitti, ICT Minister Ranongruk Suwanchawee and Deputy Finance Minister Pradit Pataraprasit.

Suthep also revealed whips of the government, the Opposition and the Senate will hold a meeting to decide how to proceed with the planned constitution amendment after the prime minister returns from his trip to the United States.

At the same time, Foreign Minister Kasit Priomya said via video conference from the US that he is worried about the morale of his ministry's officials who have also been named as defendants in the case. The minister said he will seek ways to help officials indicted by the NACC after the case is finalized in court.

Kasit also said he and the prime minister did not discuss the clash between the People's Alliance for Democracy and Si Sa Ket residents near the Preah Vihear border last Saturday.

Meanwhile, representative of a civil network, Tul Sitthisomyong, submitted a petition with the NACC seeking legal action against 124 MPs and senators who signed the motion for a charter rewrite. Tul said the law offence has already been committed although they have already withdrawn their names from the petition.

[Thailand's] Ruling on Preah Vihear charge deferred

BANGKOK, Sept 22 (TNA) - Thailand's National Anti-Corruption Commission (NACC) on Tuesday postponed its ruling on the previous government's resolution which supported Cambodia's listing of the Preah Vihear temple as a World Heritage site.

It agreed to reconvene and decide the issue next Tuesday.

The NACC decided last November to press charges against 44 persons including 28 Cabinet members in the Samak administration and state officials in connection with the signing of a joint communique with Cambodia without seeking parliamentary approval as required by the Constitution.

The joint communique was signed by the Foreign Minister Noppadon Pattama and Cambodian Deputy Prime Minister Sok An on June 18, 2008.

NACC Commissioner Klanarong Chantik said the NACC agreed to consider the case on two separate issues: impeachment and criminal prosecution following the Constitutional Court's ruling that the joint communique was unconstitutional.

He said the anti-graft commission would tackle whether each of the 44 was intentionally involved in malfeasance that caused damages to the country.

The commission, he added, has finished its investigation on 12 people while the other 32 would be scrutinised and disclosed next Tuesday.

Of the 28 accused ministers, four are members of the Abhisit government. They include Deputy Prime Minister Sanan Kachornprasart, Deputy Finance Minister Pradit Pattaraprasit, Information and Communication Technology Minister Ranongrak Suwanchawee and Natural Resources and Environment Minister Suvit Khunkitti.

The accused were charged with negligence of duty and violating Article 190 of the 2007 Constitution which imposes that any treaty affecting Thailand's society, economy and integrity of its borders must be approved by Parliament.

Cambodia must use its own maps too

Written by Norbert Klein

Tuesday, 25 November 2008 Phnom Penh Post Read the full joint communique here.

Dear Editor, The most recent map of the Preah Vihear temple area, from the Joint Communique of June 18, 2008, which is publicly available at: http://www.nationmultimedia.com/pdf/jointcommunique.pdf In a Letter to the Editor, printed in The Phnom Penh Post on Friday, November 14, 2008, Chan Veasna, of Cabramatta, NSW, Australia, requested that "Thailand must use Cambodian maps". But the letter references only maps of 1904 and 1907, and denounces that maps used by the Thai side "have no legal basis under international laws". Surprisingly, there is no reference at all to the newest map, produced under the signature of Var Kim Hong, senior minister in charge of border affairs of the Cambodian Council of Ministers and attached to the Joint Communique of June 18, 2008, which was signed by Deputy Prime Minister Sok An and countersigned by Francoise Riviere, assistant director general for culture of Unesco and the then-Thai minister of foreign affairs. During the meeting both sides agreed as follows: "The Kingdom of Thailand supports the inscription ... of the Temple of Preah Vihear on the World Heritage List proposed by the Kingdom of Cambodia, the perimeter of which is identified as N. 1 in the map prepared by the Cambodian authorities and herewith attached... "...the Kingdom of Cambodia accepts that the Temple of Preah Vihear be nominated for inscription on the World Heritage List without at this stage a buffer zone on the northern and western areas of the temple. "The map mentioned in paragraph 1 above shall supersede the [other] maps." The Cambodian nomination file referenced the 1904 and 1907 maps, so the Cambodian side clearly has agreed that these have been superseded and replaced by the map of June 18, 2008. If Thais should use "Cambodian maps", so should Cambodians - that is: the newest, official map of June 18, 2008, submitted to Unesco under the signature of the Cambodian deputy prime minister. Norbert Klein Phnom Penh

[Thai] Ministry wants end to Preah Vihear resolutions

Tue, November 18, 2008
The Nation

The Foreign Ministry will ask the Cabinet on Wednesday to revoke the three resolutions issued in May and June supporting Cambodia's proposal to have Preah Vihear temple listed as a Unesco World Heritage Site.

The move aims to clear the Cabinet's docket, since the resolutions allowing former foreign minister Noppadon Pattama to sign a joint communiqué supporting Cambodia were already nullified.

Also, Phnom Penh did not use the joint communiqué when applying for the listing.

The ministry hopes that the termination of the resolutions might encourage the Administrative Court to drop the case, especially since the subject no longer exists, an official said.

The Administrative Court issued a contemporary injunction barring the Cabinet from using the resolution to support Cambodia, but it still has to issue a final decision on the subject.

[Thai] Opposition party says Cabinet reshuffle meaningless

BANGKOK, Nov 15 (TNA) -- Thailand's opposition Democrat Party leader Abhisit Vejjajiva said the cabinet reshuffle planned by Prime Minister Somchai Wongsawat would not improve the situation in the country because the coalition government is not serious about solving the problems.

A number of problems, the most critical being the October 7 violence when police suppressed anti-government People's Alliance of Democracy protesters, are still awaiting answers and the present government is not able to solve them.

Whether the planned cabinet reshuffle would improve the image of the government cannot be seen beforehand, Mr. Abhisit said.

Prime Minister Somchai said Friday that a cabinet reshuffle is likely after the royal cremation of Her Royal Highness Princess Galyani Vadhana, the elder sister of His Majesty King Bhumibol Adulyadej. The royal merit-making ceremony for the late princess began Friday and is scheduled to end Wednesday.

Addressing charges by the National Counter Corruption Commission (NCCC) that 28 ministers of the former government of then prime minister Samak Sundaravej violated Constitution Article 190 by illegally endorsing Cambodia's bid to register the ancient Preah Vihear temple as a UNESCO World Heritage site, Mr. Abhisit said those who were charged must explain it themselves, but he believed the charges would "not cause any changes" because several complaints still await investigation by the NCCC.

The United Nations body moved ahead with the approval action in July.

NCCC decides to probe Samak Cabinet over Preah Vihear joint communiqué

November 14, 2008
The Nation

The National Counter Corruption Commission resolved Friday to conduct an investigation against 28 members of the Cabinet of former prime minister Samak Sundaravej for their part in endorsing a Thai-Cambodian joint communiqué.

Somlak Jadkrabuanpol, an NCCC member, said the NCCC would inform the 28 former members of the Samak Cabinet of the charges by Monday.

She said the NCCC would investigate the Cabinet members for endorsing the Thai-Cambodian joint communiqué in support of the listing of Preah Vihear as a world heritage site without seeking Parliament's approval first.

Thai PM may face treason charge over Cambodia temple deal

Monday, July 14, 2008

BANGKOK (AFP) — Anti-government activists Monday urged Thailand's top anti-corruption watchdog to consider treason charges against the prime minister for backing a deal with Cambodia on a disputed Hindu temple.

The Constitutional Court last week ruled that Prime Minister Samak Sundaravej and his cabinet had violated the charter by signing a deal on the 900-year-old Preah Vihear temple without seeking parliament's approval.

Foreign minister Noppadon Pattama resigned over the controversy, which has raised the threat of impeachment proceedings against the cabinet.

Now royalist activists from the so-called People's Alliance for Democracy (PAD) want Samak and other top officials, including deposed premier Thaksin Shinawatra, to face treason charges, which are punishable by execution.

Samak and his ruling People Power Party are closely aligned with Thaksin, who was toppled in a coup by royalist generals two years ago.

"The cabinet members, senior officials and former prime minister Thaksin committed severe crimes against the country," PAD spokesman Suriyasai Katasila told AFP.

The PAD submitted a letter Monday to the National Counter Corruption Commission, urging an investigation into the entire 34-member cabinet as well as Thaksin, top foreign ministry officials, and the Thai ambassador to France, the spokesman said.

The letter accused the cabinet of causing Thailand to lose territory to Cambodia, working to benefit a foreign state, and inciting an international conflict.

The scandal began last month when Noppadon signed a deal with Cambodia, backing its effort to win World Heritage status for the temple.

Although the World Court ruled in 1962 that the temple belongs to Cambodia, critics of the government have stoked a nationalist uproar, accusing the government of giving away Thai land to Cambodia.

The exact border around the temple has never been agreed. The dispute has raised tensions in both countries, with Cambodia closing the temple after Thai protesters tried to march to the site.