A Change of Guard

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Saturday, 12 December 2009

A COLD PARDON: Sivarak freed but Cambodia keeps door shut on diplomatic ties

Siwarak's mother burst into tears outside court when her son was sentenced to 7 years jail.

By SUPALAK GANJANAKHUNDEE
THE NATION
Published on December 12, 2009

King Norodom Sihamoni's royal pardon freeing Thai national Sivarak Chutipong from jail was based purely on humanitarian grounds and any avenues towards normalising relations with Thailand remain shut, the Cambodian government said yesterday.

Prime Minister Abhisit Vejjajiva said Thailand praised the king's decision, but Sivarak's case was not the root cause of the ongoing diplomatic row between the countries, he said.

The pardon came just three days after a Cambodian court sentenced Sivarak to seven years in jail for spying by passing on details of fugitive former prime minister Thaksin Shinawatra's flight schedule.

His mother Simarak na Nakhon Phanom's request for a royal pardon had only reached the Cambodian Royal Palace on Thursday.

"The king signed the royal pardon this morning, following the request by his mother and the Pheu Thai Party," Cambodian Information Minister Khieu Kanharith said by phone from Phnom Penh.

Sivarak was arrested on November 12 and will be released from Prey Sor prison on Monday. Prime Minister Hun Sen will hand him over to his mother, Khieu Kanharith said.

"Prime Minister Hun Sen said if he [Sivarak] wants to stay and work in Cambodia, he is welcome to do so," he said, adding the Cambodian aviation authority would make a decision on returning the operation of Cambodia Air Traffic Services - Sivarak's employer - to its normal management soon.

The case is part of a diplomatic row between the two countries, which have downgraded relations since Hun Sen appointed Thaksin as his adviser at the end of October. Thailand recalled its ambassador from Phnom Penh and Cambodia reacted in kind.

The Thai engineer told the court that he had checked Thaksin's flight information on November 10 when the ex-PM arrived in Phnom Penh, and passed it to Thai diplomat Kamrob Palawatwichai, who was later expelled from Cambodia.

However, the royal pardon should not be taken as a gesture to please Thailand with a view to normalising relations, Khieu Kanharith said, adding that it might not be appreciated by the Thai government as it was partly in response to a request made by the opposition Pheu Thai Party.

"Normal relations will resume only when Thailand sends its ambassador back to Phnom Penh," he said. "As Thailand recalled its ambassador first, why doesn't it return its envoy first?"

Asked whether Thailand had demanded that Cambodia first remove Thaksin from the position of adviser to Hun Sen, the minister said Thaksin's new role had no connection with the countries' relations.

Cambodia will not change its position and trade Thaksin for relations with Thailand, he added.

Abhisit said the government would remain firm on its position to have Thaksin returned to Thailand.

"What we have done was necessary to show our disapproval over Cambodia's decision [to make Thaksin an economic adviser]," he told reporters, adding that if Thaksin were to return to Cambodia, the government would again request his extradition.

A senior Asean diplomat said the two countries were still far from seeking a compromise, as neither of them could afford to lose face.

Experience from other diplomatic disputes in the region suggested countries could sometimes reach a compromise on minor issues such as an agreement to send their envoys back while at the same time bypassing the major obstacle, he said.

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