P. Penh 'must justify refusal'

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EXTRADITION

P. Penh 'must justify refusal'

Published: 31/10/2009 at 12:00 AM
Newspaper section: News

Cambodia has the legal right to reject Thai requests for the extradition of former prime minister Thaksin Shinawatra if he sets foot there, but Phnom Penh must justify any such decision, says Attorney-General Chulasingh Vasantasingh.

Mr Chulasingh made the remark in response to the recent announcement by Cambodian Prime Minister Hun Sen that he would not extradite Thaksin to Thailand if the convicted former premier moved to Cambodia.

Thailand and Cambodia have signed an extradition treaty, but either government has the right not to approve an extradition request, Mr Chulasingh said.

Any refusal to extradite a criminal under the treaty's terms must be given an explanation that meets international standards, he said.

If Thai authorities are informed that Thaksin is residing in Cambodia the Office of the Attorney-General will seek his extradition, if asked to do so by police and the Foreign Ministry.

Care must be taken not to overreact to Hun Sen's recent remarks about Thaksin, warned Chart Thai Pattana Party spokesman Watchara Kannikar.

The government and the Foreign Ministry should not respond aggressively to the comments, or stir up nationalism, either of which could worsen bilateral relations, Mr Watchara said.

He also urged Puea Thai Party chairman Chavalit Yongchaiyudh to remember when engaging in negotiations and political activity that he is Thai.

Gen Chavalit made a trip to Cambodia on Oct 21 where he met Hun Sen.

He said the trip was a private effort to help improve relations with Cambodia which have soured over the Preah Vihear temple dispute. But critics said the visit was a move to discredit the Democrat-led government.

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Mony

Discussion 6 : 03/11/2009 at 10:58 PM6
Cambodia is not Thailand. Thus, Cambodia can do whatever it wants. GO play the THINGS with your dogs or eat your bug buffets your stupid PAD tai and your puppet governments.
cooler

Discussion 5 : 01/11/2009 at 05:44 PM5
Cambodia has full rite to refuse the extradition. Political motivated could be the best reason. I wonder if Cambodia does that, what the relation between these two counties gonna be. some people commented that PM Hun Sen is looking something on former prime minister Thaksin Shinawatra. I believe my Mr. PM Hun Sen will do the rite thing on this case.
slimdog

Discussion 4 : 31/10/2009 at 10:00 PM4
Thanks for the link Free Thinker..

Looks like there are many grounds for refusing extradition, and not just from Cambodia.
Generally speaking the two most common reasons other than Political offence which could be used as grounds for refusal would be:

According to Article 1(4) the offence, has to be an offence in both countries. Few countries have simple ,conflict of interest laws, they are always tied to another criminal offence.

According to Article 7(2b) the Thai authorities would have to show evidence that would justify an arrest warrant for the original crime. Even in Thailand Article 100 of the NCCC Act would only come with a summons as it is not written as part of the criminal or penal codes.
verifunny

Discussion 3 : 31/10/2009 at 11:00 AM3
Abhisit is busy politicking and letting the poor Thai poor people to fend for themselves.
ricefieldradio

Discussion 2 : 31/10/2009 at 09:49 AM2
It took Thailand 13 years to extradite Saxena from Canada, and Canada was a country that wanted to get rid of him.

If anyone thinks that Thaksin is going to be extradited from anywhere, they are delusional. Lots of rabid talk on the Thai government's part but no action anywhere as most of the countries on earth view Thaksin just as Cambodia does, they are just quiet about it.
FreeThinker

Discussion 1 : 31/10/2009 at 06:05 AM1
The extradition treaty was written in a way that there is room for interpretation. Cambodia has the right to refuse extradition if it feels that the offense against Thaksin is a political one. The allegation that Thaksin used his position to help his wife buy state property could be considered a political offense.

Also according to the treaty, Cambodia has the right to refuse extradition if it feels that the request was made based on political motives. To me it's obvious it's politically motivated. To others, you have to at least acknowledge that it's possible.

Also Cambodia can refuse extradition if it feels Thaksin has not received or will not receive a fair trial in Thailand.

Abhisit has made a lot of bad political moves that only weakens his position. I predict that his moves will eventually lead to his downfall. If this was a game of chess, he's not a very good chess player. He moves his piece before thinking things through. He's only succeeded in isolating Thailand from it's neighbors without coming a single step closer to catching Thaksin.

Treaty (Read Article 3):
http://www.inter.ago.go.th/UN/UN%20(E)/English/Extradition/TEX%20Cambodia%20(E).pdf

P. Penh 'must justify refusal'