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General news >> Wednesday July 16, 2008
PREAH VIHEAR JOINT COMMUNIQUE

Samak cabinet may face criminal case

The National Counter Corruption Commission (NCCC) yesterday resolved to consider criminal actions against the Samak Sundaravej cabinet that failed to seek parliamentary approval for its joint communique related to the Preah Vihear temple listing.

Commissioner Vicha Mahakhun said the anti-graft panel agreed to accept the complaints from the People's Alliance for Democracy (PAD), elected senator Rosana Tositrakul, and appointed senator Somchai Sawaengkarn for consideration.

Those parties asked the NCCC to take criminal action against the entire cabinet as the Constitution Court had ruled on July 8 that the cabinet violated the charter for failing to seek parliamentary approval for the joint communique that supported Cambodia's bid to list the Preah Vihear temple as a World Heritage Site.

The court ruled that the joint communique, which former foreign minister Noppadon Pattama had signed with Cambodia Deputy Prime Minister Sok An, was an international agreement that could affect the national boundary so, under article 190 of the constitution, it had to win parliamentary approval before the signing.

Mr Vicha said officials concerned would urgently gather relevant facts and laws and report the information to the NCCC so that the panel could consider the issue right away.

Yesterday, the NCCC released a statement to confirm its legal status. It was responding to Prime Minister Samak's recent remark that the NCCC was not legitimate because its members had not taken an oath of allegiance before His Majesty the King.

The NCCC stated that the Council for Democratic Reform (the coup maker that toppled the Thaksin Shinawatra government on Sept 19, 2006) had formed it on Sept 22, 2006, and the Office of the NCCC had then asked the cabinet secretariat on Nov 3 of the same year to seek royal approval for the formation.

On Dec 20 that year, the cabinet secretariat forwarded the issue to the Office of His Majesty's Principal Private Secretary which responded that the council held absolute power in the country so its formation of the NCCC had been with immediate effect.

Besides, according to the NCCC's statement, the 2007 constitution supports the status of the NCCC so the panel has been a constitutional and legitimate organisation from the start.

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