Cambodian Commentary Suggests Royal Pardon As Possible Way Out for 7 Thais

06 January 2011 -- This Issue's Comments of the Reaksmei Kampuchea in Khmer language -- LyKC

Thai Foreign Minister Kasit Piromya warned of the effects on Cambodian-Thai bilateral ties because the arrest of seven Thai nationals --who illegally entered Cambodian territory while he (Kasit) and the Thai Government acknowledged that the seven including an MP -- did illegally entered Cambodian territory. The warning and the acknowledgment offered two contradictory pictures that could possibly lead to be viewed as interference in the affairs of Cambodia's court which even the Cambodian Government has no right to do so under the Constitution that is the Cambodia's supreme law.

Instead of  using strong words against Cambodia, this is the time the Bangkok government should show a softened, calm attitude toward the Cambodian Government so as to let it make concession and find a legal way that could help to lead to the release of the seven Thai nationals and be reunited with their families. The Bangkok government could step back a little and recall the release of a Thai man, Savarak [name as transliterated], who was accused of illegal spying in Cambodia, and the case of three other Thai nationals who were recently released. The Savarak case's experience indicates that it does not mean that there is no way out for the release of the seven Thai nationals. Any concession by Cambodia has to be made under Cambodia's law. Concessions made for the sake of good relations with neighboring countries do not mean the equivalent of a country abandoning its principle of law. This is the universal value of this practice, which even Thailand itself has to adhere to in the situation Cambodia is in now.

Any attempts by the Cambodian Government to demand the release of the seven Thai detainees while the case is still with the court will get the Cambodian Government accused of meddling in the court's affairs -- an independent institution not under the government. The court itself has to be firm in proceeding with the trial of this case until it completes all the procedure so as to ensure its independence. Failure to do this will affaect the honor and independence of the court.

If the Cambodian Government wanted to make concessions to maintain good relations with Thailand, there is certainly a way out and it should not affect the Cambodian court's jurisdiction. The solution could be the same way as when Savarak was released and the recently released case of three other Thai nationals who were sentenced for illegal border crossing by the Otdar Meanchey provincial court. If the court found them to be indeed legally guiltyand punished them, they had to accept the sentence without appealing.

In such a case, the Cambodian prime minister legally has the full right, as he had done, to submit a request to the Cambodian King for the latter to grant pardon to the seven Thais. To get to this scenario, it requires the Thai Government, or at least families of the Thais, to submit a written request to Samdech Decho [honorific title of Cambodian Prime Minister Hun Sen] for his consideration, and as prime minister, he submits a proposal to the King. Through this action, the release of the seven Thai citizens does not trample on Cambodian law.

What the Bangkok government has to consider, however, is its attention to a number of Cambodian citizens who have been arrested and are currently in detention, accused of illegal entry into Thai territory. Kasit said that this offense is not a serious one worthy of any punishment.

Law is law, however; no exception. More importantly, if he [Kasit] did really think that way, the Bangkok government should release all the Cambodians imprisoned in Thailand accused of illegally crossing into Thai territory. In addition, the release of those imprisoned Cambodians is something Thailand has to do to reciprocate and show gratitude to Cambodia and is also a good neighborly gesture. If Kasit thought that border crossing is not a serious matter, why, then, when Cambodian nationals illegally crossed into Thailand they were killed by Thai soldiers like birds? And if the offense was not serious, why did Kasit and senior Thai officials panicked as though the sky was falling on them?

Any failure to act that way would expose a double standard for the same case. And that is: why the Thai nationals charged in Cambodia deserved to be released and Cambodian nationals imprisoned in Thailand did not deserve the same good treatment?

This question should be meticulously pondered upon by both the Cambodian Government and Bangkok.