CIVIL RESISTANCE
My TREASON & INCITEMENT MASS TRIAL (Initial Page on Trial Matters) TUESDAY, 14 JUNE 2022 VERDICT ANNOUNCEMENT Court Statement: Concluding Remarks ការការពារ ផ្លូវច្បាប់ របស់ខ្ញុំ [ ... ] |
CIVIC EDUCATION
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My TREASON & INCITEMENT MASS TRIAL
(Initial Page on Trial Matters)
TUESDAY, 14 JUNE 2022 VERDICT ANNOUNCEMENT Court Statement: Concluding Remarks ការការពារ ផ្លូវច្បាប់ របស់ខ្ញុំ នៅចំពោះ មុខតុលាការ៖ សេចក្តីសន្និដ្ឋាន
Please keep the contributions coming! Thank you so much to everyone who has contributed to this Legal Support Fund, generously established and superbly managed by Glenn Kaminsky. The bulk of the funds has been used toward translation, Khmer lawyer fees, travel and communication, printing, out-of-pocket expenses; Jared Genser and his Perseus Strategies team's time is pro bono. (Starting in June 2022, the Cambodian Center for Human Rights will cover the fees of my Khmer lawyer.) Even if the absurd charges of treason and incitement against me are dismissed unconditionally (unlikely), my international counsel Jared Genser has agreed to my request to keep my case file open should an "accident" befall me. Thus, this Legal Support Fund will also be kept open. The fate of my "court" case depends on the political wind which is constantly shifting. Mentally and practically, I continue to be prepared for prison. If convicted, I will appeal and exhaust the domestic legal process, mainly to open the way to take this case or any other one where I (or in a wrongful death, my family) have standing to an international court with universal jurisdiction. ...
My Political Stance: Strategy of Disruption including critique of Candlelight Party
(L) វេទិកាអ្នកស្តាប់ វិទ្យុអាស៊ីសេរី៖ តើ គណបក្សភ្លើទៀន ចូលរួមការបោះឆ្នោត ជាការបង្រ្គប់កិច្ច ឬយ៉ាងណា? (R) RFA interview: Why Theary Seng does not support the Candlelight Party
Cambodians should BOYCOTT the election PROCESS—not only voting day—(boycott politics as usual) in 2022 and 2023 because to engage in politics as usual in these 2022 and 2023 elections is to CONFER LEGITIMACY to this unconstitutional Hun Sen regime AND PROLONG its survival—along with conferring legitimacy to all the dangerous unconstitutional laws it has enacted since 2017 without any opposition input. Plus, the regime will learn new updated information about the resistance as it exists now, not in 2017, to suppress or co-opt it, or in the case of the July 2013 elections, the creation of a new province, Tbaung Khmum, by splitting up Kampong Cham, on 31 Dec. 2013. Some in civil society fear the regime will dissolve the Candlelight Party once the regime has won the elections. It won’t; it’d be an unnecessary hassle: Candlelight is only a remote-control party, a shadow of its former self, the SRP, and only a fraction of the CNRP. The regime needs Candlelight to exist as a prop of multiparty democracy and legitimacy in prolonging this regime’s rule and stability. Instead, the regime will go after individual leaders, ex. Thach Setha’s treason/incitement hearing has been put on hold as he is now needed to confer legitimacy to this regime. And the regime will continue its infiltration of Candlelight to co-opt it from within; already an estimated 30% of the candidates in the provinces are CPP-affiliates. As with the laughable 2018 "elections", if people do go to vote (out of fear of reprisal), they will cast a "protest vote", that is a vote AGAINST Hun Sen (rather than a vote FOR someone; thus, my dog Delilah can beat Hun Sen IF free and fair, an insurmountable "if" in light of the current reality).
Washington Post: Elections are a hallmark of democracy. So why do dictatorships around the world also hold them? While autocratic elections are often characterized as “sham elections,” with the official vote winner clear beforehand, elections in fact have systematic and substantial effects on the durability of dictatorships. In a recent article in World Politics, we examine 389 elections in 259 dictatorships. We found that elections can actually prolong dictatorships in the longer term… But autocrats also gain something from holding elections. There is a long-standing debate among political scientists on whether elections are, on balance, stabilizing or destabilizing for dictatorships. We argue that they are both, but with a key nuance: Elections confer long-term benefits. The regime can co-opt members of the opposition, for instance, or learn more about the strength of the opposition. Elections also help dictators build a strong organizational apparatus and signal their strength to intimidate potential opponents…. We analyzed 259 autocratic regimes Drawing on data from 259 autocratic regimes across the world, from 1946 to 2008, we test these concepts, by analyzing the dynamic relationship between autocratic elections and the risk of regime breakdown, using different statistical models…. Why would dictators want to hold elections? There’s also some evidence, although not as clear-cut, that holding elections makes for more stable dictatorships in the long term. We think this is an important underlying reason that autocrats like Marcos take the gamble of holding elections, despite the risks to the regime around Election Day. Here’s how these long-term benefits played out in Mexico’s autocratic regimes from 1929 to 2000. The party in power, the Institutional Revolutionary Party, or PRI, for decades managed to conduct elections without seeing major threats to its grip on power. In fact, studies by political scientists argue that the PRI used these elections as a device to prolong its rule. The party used elections to selectively co-opt supporters — but deter opponents by displaying organizational strength and broad public appeal. These stabilizing effects continued long past election day.
(L) The Cambodia Daily: Why I do not support the Candlelight Party; (R) RFA: អ្នកជំនាញច្បាប់ និងកិច្ចការអន្តរជាតិកញ្ញា សេង ធារី នៅតែប្រកាន់ជំហរដាច់ខាត ថាដើម្បីទាមទារឲ្យគណបក្សសង្គ្រោះជាតិរស់ឡើងវិញបាន គឺទាល់តែអ្នកនយោបាយបក្សប្រឆាំង និងប្រជាពលរដ្ឋដែលស្រលាញ់ប្រជាធិបតេយ្យ ប្រើប្រាស់សិទ្ធិតវ៉ា និងធ្វើពហិការការបោះឆ្នោតខាងមុខនេះ ព្រោះការចូលរួមការបោះឆ្នោតនោះ គឺជាការចូលរួមផ្តល់ភាពស្របច្បាប់ដល់រដ្ឋាភិបាលលោក ហ៊ុន សែន ដែលធ្វើបាបគណបក្សសង្គ្រោះជាតិតែប៉ុណ្ណោះ៖ «គណបក្សសង្គ្រោះជាតិនៅរស់រវើក ពីព្រោះប្រជាពលរដ្ឋអត់ទាន់ទទួលស្គាល់ថារបបផ្ដាច់ការអាចរម្លាយបាន។ មិនអាចរម្លាយបាន ពីព្រោះមិនស្របរដ្ឋធម្មនុញ្ញ។ ឆ្នាំ២០២២ នេះ ២០២៣ ធ្វើពហិការនីតិវិធីនយោបាយបោះឆ្នោត កុំចុះឈ្មោះ កុំធ្វើឃោសនា កុំលើកស្លាក ហ្នឹងហើយដែលអាចធ្វើឲ្យសង្គ្រោះជាតិជាគណបក្សរស់ឡើងវិញ»។ RFA: Legal and International Affairs expert Theary Seng continues to strongly believe that in order to have CNRP alive again requires that the opposition figures and the democrats exercise their right to demand and boycott the upcoming elections because to participate in such elections is only to confer legitimacy the Hun Sen government that has been oppressing the CNRP: "CNRP is still alive because the people have never accepted the regime's dissolution. It cannot be dissolved because it was unconstitutional. This 2022 and next year 2023, boycott the election process; don't register, don't campaign, don't raise party signs; only then can the CNRP as a party be made alive again."
ខ្ញុំ ពន្យល់បន្ថែម អំពី យុទ្ធសាស្រ្ត នៃការរំខាន ដោយផ្តោតលើ ប្រទេស មីយ៉ាន់ម៉ា (ភូមា), ហើយ ហេតុអ្វី បានជា លោកសេរី ឈរជាមួយ អ្នកប្រជាធិបតេយ្យ ភូមា ក្នុងការបដិសេធ មិនទទួលយក ភាពស្របច្បាប់ នៃរបប ហុនតា។ តើ យើង អាចទាញយក មេរៀនអ្វី ពីយុទ្ធសាស្ត្រភូមា? I explain further the Strategy of Disruption by focusing on Myanmar, and why the Free World stand alongside the Burmese democrats in refusing to accept the legitimacy of the Junta regime. As point of comparison to the Cambodian situation: what lessons can we draw from the Burmese strategy? អានសៀវភៅ ដ៏សំខាន់នេះ ជាភាសាខ្មែរ «ពី របបផ្តាច់ការ ទៅ លទ្ធិប្រជាធិបតេយ្យ» | "From Dictatorship to Democracy" in Khmer
The Regime's War against Khmer Women
1. In recent days: 4 women connected to my activism or members of the Friday Women have been either: threatened with a death threat (Sat Pha), detained (York Neang), gravely wounded by attempted murders via head-on motorbike collision (this RFA coverage of Lim San and a few days ago youth environmentalist So Metta). 2. And the continuing violence against NagaWorld employees on strike, 90% women.
3. Mr. Seam Pluk, refusing to flee after threatened with arrest and court charges because of his support for me and other women (NagaWorld, Friday Women), was arrested on April 27; upon arrival in prison, they shaved his head to mock him for his support of me. - Theary, 28 April 2022
Read article.
One of the destructive results of the prolonged CNRP artificial “unity” is the toxic ecosystem it created and accelerated into a “fun” game among the in-group in destroying individuals (“character assassination”) who dared to disagree with them or to question the authority. I’ve been approached by mature committed adults to the cause of freedom and democracy with personal stories of psychological torture and isolation, many reduced to days of tears. The appearance is one of all smiles; behind the scenes are cliques of blind loyalists and people who want to stay near the center of power or are climbing the power ladder who are ready to destroy characters at the slightest hint from the top. Then, there is a group of individuals who are paid attack dogs, trolls. Yes, this is the overseas “democratic” CNRP, now metastasized into different manifestations, most recently the Candlelight Party. - Theary, Facebook, 6 Feb. 2022
The Guardian: "Its army of bots, trolls and useful idiots has stoked culture wars, amplified conspiracy theories, spread fake news and latched on to any glimmering of doubt and division." On a different scale altogether, what the CNRP has been doing under the cover of “unity” and “democracy”. Over the years, I have been the target of misinformation, disinformation, defamation in particular as I was/am seen as a competitor to the old guards of democracy. But even with this knowledge, I continued to support Sam Rainsy and CNRP, standing at the fore, at the frontline, from civil society that landed me the charges of treason and incitement for support of Sam Rainsy's return on 9 Nov. 2019. The disinformation, misinformation, defamation have multiplied 1,000 fold since my popular Apsara appearance. Any person who disagrees or questions a questionable activity is black-tagged a "Hun Sen sell-out"; this is the wildfire that was spread against me in the prison among political prisoners, that I am now a "Hun Sen sell-out"; the situation has changed since I learned of this as my responses to the interrogation/questioning at trial put that lie to rest. - Theary, Facebook, 5 March 2022
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Conditions of Cambodian Prisons
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TUESDAY, 3 MAY 2022 CONCLUDING HEARING
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Vienna Convention on Diplomatic Relations and Kem Sokha's Case
(L) RFA daily program, (R) RFA article: "If I were Kem Sokha's lawyer, I would turn the question around and ask the prosecutor, Why then didn't the regime expel the foreign diplomat conspiring with Kem Sokha in his treasonous act as persona non grata, or break diplomat relations with the country attempting to topple the regime?"
US-ASEAN Special Summit Washington, DC, 12-13 May 2022
Listeners’ Forum: last 40 minutes
TUESDAY, 12 APRIL 2022 HEARING
(L) The first half hour of this RFA daily program covers my trial hearing earlier in the morning, 12 April 2022, including a live interview with me. (R) Short video clip of interviews I gave in front of "court"
RFA: Theary Seng and 4 other political opposition activists had a hearing this morning, 12 April 2022, on charges of “incitement” and “conspiracy to treason” related to the planned return of Sam Rainsy in Nov. 2019. The hearing today concluded with all interrogations and showing of evidence and will wrap up with concluding remarks on 3 May 2022.
VOD: Phnom Penh Municipal Court this 12 April 2022 morning continues hearing of Theary Seng’s case and those of 4 other opposition activists under the charges of “incitement” and “conspiracy to treason”…
Is Political Dissent a Crime?
Idea Talk, 10 April 2022
TUESDAY, 5 APRIL 2022 HEARING focused on displaying/projecting "evidence" onto wall screen of my case 6005 (since 26 Nov. 2020 emerged into 1140), including the 9 one-sided sheets of printout of my Facebook posts. However, gate security prevented me from entering the court parameter unless I changed from my everywoman, typical Khmer sarong outfit; I refused as that would be a denial of my Khmer culture and identity as a Khmer woman. It was pure and simple discrimination against the poor, against Khmer women. I waited outside in front of the court building on the curb with supporters.
RFA Khmer nightly program, Tuesday, 5 April 2022
Arrest of 4 Women, 1 April 2022
១ មេសា ២០២២ | 1 April 2022 — ចាប់ឃាត់ខ្លួន ស្ត្រី ៤នាក់ 4 CNRP WOMEN were detained this afternoon around 3 p.m., 3 released at 8 p.m. The regime is afraid of Khmer women—young, old, and in between! Because we are at the frontline—Friday Women, NagaWorld strikers, garment workers—the arrest is also to send a threatening message, directed at us women. I await the day the regime comes for me — with songs and flowers from my garden will I greet them. (i) យក់ នាង | York Neang, former CNRP leader of the Women's Movement — I believe she is one of 47 individuals charged with me in case 1140 new (1140 + my case 6005), with security presenting/projecting their “evidence” on wall screen during this past Tuesday’s trial hearing. (ii) សរ ចាន់ឌី Sor Chandy (released) (iii) រឿន សុខឃឿន Roeun Sok Khoeun (released) (iv) អៀង ម៉ាលី Ieng Maly (released)
Thursday, 31 March 2022 ASSAULT
More videos from 31 March 2022 assault...
Remembering the victims and their loved ones of the 1997 Easter Sunday Massacre
This Hun Sen regime is illegitimate: it dissolved the only legitimate opposition CNRP in 2017; it held effectively a one-party national election in 2018 and won ALL the 125 National Assembly seats.
Hello VOA (31 March 2022): Putin faces international courts for war crimes in Ukraine
Tuesday, 29 March 2022 Threat
Chum Kosal, a Secretary of State in the Information Ministry (I am told), who had posted a similar threat on 21 January 2022, posted this threat against me Tuesday early evening, 29 March 2022: “The Covid-19 virus, no matter how infectious and dangerous it is, it can be weakened and completely eradicated from the earth with vaccines. But the social virus of this kind metastasizes from generation to generation, creating disruption all the time at every opportunity. This virus cannot be allowed to flit and float disrupting society because its major goal is the destruction of society. Thus, there should be measures to prevent its spread into something more dangerous.”
MONDAY, 28 MARCH 2022 HEARING
[the presiding judge at the 7 Dec. 2021 hearing split the 1140 (new, as 6005 is merged into it) case into two groups of hearings: Tuesday and Thursday; since, mine has normally been on a Tuesday; this is another exception] Fourth hearing focusing on the questioning of security/judicial police from the Ministry of Interior: the whole morning which started at 9:10 a.m. comprised solely of the playing/projecting of "evidence" on the wall screen for all to view: 1. Video clip (5:43 min) of Sam Rainsy giving a speech in Lowell, MA about his decision to return to Cambodia; 2. Video clip (7:57 min) of Sam Rainsy giving a speech in Long Beach, CA appealing to the armed forces, if they are ordered by the illegitimate regime, not to shoot at the innocent people; 3. Audio recording (7:51 min) of interview between RFA Zakariya and CNRP permanent committee member and MP Long Ry discussing the planning of Sam Rainsy's return; 4. Audio recording (15:27 min) audio interview with CNRP Eng Chai Eang in Jan. 2019, Meeting of CNRP Permanent Committee and its decision; 5. Audio recording of RFA interviews and reporting, hosted by Sochivy with CNRP youth leaders in Thailand (Ly Ratanak Reaksmey), South Korea (Yim Sinorn); 6. Still images of CNRP Permanent Committee group photo (repeated several times) in Lowell, MA in Jan. 2019; Ysa Osman, Sam Rainsy in Houston; FB posts of Sam Rainsy appealing to armed forces not to shoot people; Cheam Channy message; CNRP public statement from Lowell; Seng Mengbunrong's message; Um SamAn's message. 7. Specific focus on these charged individuals (case 1140 old): bio and a page of "evidence": (i) Ly Ratanak Reasmey; (ii) Mounh Sarath; (iii) Ysa Ousman; (iv) Kak Komphea (present in court); (v) York Neang
Supporting Political Prisoners and their Families
(L) Tuesday afternoon hearing of Kong Mas and Khan Bunheng (R) And Thursday afternoon hearing of Veung Veasna...
MONDAY, 21 MARCH 2022 HEARING [exception to normal Tuesday]
Walking from NagaWorld to "court".
My trial hearing leads the RFA daily evening program, followed by a live interview of the Monday morning hearing More images/captions re this March 21 hearing...
Thursday, 17 March Verdict for related treason/incitement case 887
[RFA excerpt] Cambodian American rights advocate Theary Seng was outside the court Thursday with the wives of the CNRP members on trial as the verdict was read. She told RFA that the cries and suffering of their families was “heartbreaking.” “We are living under a dictatorship who sees the people as the enemy and thus uses violence to suppress them,” she said, adding that the verdict drew similarities to the Khmer Rouge era, referring to the brutal 1975-1979 reign of Pol Pot. “Since Cambodia has a system of democracy, we should never see such mass trials like this. Justice requires court to try [each defendant] individually so that an accused person can have an opportunity to explain and testify for himself and herself to the court,” she said.
TUESDAY, 15 MARCH 2022 HEARING
RFA daily program and live interview ព័ត៌មាន វិទ្យុអាស៊ីសេរី សម្រាប់ យប់ថ្ងៃអង្គារ ១៥ មីនា ២០២២៖ ៚ បក្សភ្លើងទៀន ដាក់សំណើ ជួបលោក ស ខេង ក្រោយរងការ គំរាមកំហែង ៚ មេធាវី កញ្ញា សេង ធារី ជំរុញ ឲ្យតុលាការ បង្ហាញភស្តុតាងផ្សេង ក្រៅពីយកចេញ ពីហ្វេសប៊ុក ៚ អាជ្ញាធរ រាប់រយនាក់ បន្តប្រើ អំពើហិង្សា លើកូដករ ណាហ្គាវើលដ៍ ជាង១រយនាក់ ៚ វេទិកាអ្នកស្តាប់វិទ្យុអាស៊ីសេរី៖ តើ គណបក្សភ្លើទៀន ចូលរួមការបោះឆ្នោត ជាការបង្រ្គប់កិច្ច ឬយ៉ាងណា?
[VOD excerpt] Judge Ros Piseth asked if Seng Theary’s comments that she supported the return plans was equal to receiving an order. Pech Sotharath, deputy director at the department dealing with antiterrorism and cross-border crimes, said: “This is an act of supporting, inciting, encouraging and supporting the activities of Sam Rainsy in toppling the legitimated government.”... Chan Theary also spoke about one of the nine pieces of evidence presented against her, in which she allegedly posted about fake education certificates purchased by the Hun Sen family. She said the writing was not her style and denied drafting it, but argued there was nothing wrong in the content because it was within the rights people have in a democratic country. (R) After hearing (photo: Chak Sopheap)
THURSDAY, 10 MARCH 2022 HEARING
នៅព្រឹក ថ្ងៃព្រហស្បតិ៍នេះ, ខ្ញុំ ជាមួយ សាតផា បានដើ ពីណាហ្គាវើល ចាប់ពីម៉ោង ៧ ព្រឹក ដោយស្លៀក សម្លៀកបំពាក់ ពណ៌ស ខ្មែរបុរាណ (តំណាងឱ្យ យុត្តិធម៌ ដែលចង់បាន, ប៉ុន្តែ ក៏តំណាងឱ្យ សំបកខាងក្រៅ មិនពិតផងដែរ) និងលាបក្បាល ពណ៌ខ្មៅអុីច ដូចជាប្រហោងខ្មៅ (តំណាងឱ្យ ថ្នាក់ដឹកនាំ ជញ្ជក់ជីវិត ប្រជាជនខ្មែរ)។ មន្ត្រីសន្តិសុខ ប្រហែល រាប់សិបនាក់ បានតាម ពួកយើង ពីណាហ្គាវើល, ហើយ រារាំង ពួកយើង មិន ឱ្យដើរ បន្ថែមទៀត នៅកន្លែងដដែល ដែលពួកគេ បានចាប់ខ្លួនខ្ញុំ។ This Thursday morning, I with a former political prisoner Sat Pa walked from NagaWorld starting at 7 a.m. dressed in traditional white outfit with my head-face painted as ink black round ball, symbolizing the leadership as a black hole that sucks the life out of Cambodians. The white outfit representing the superficial appearance, the vacuity of governance. About a dozen security officers followed us from NagaWorld and prevented us from walking further at the same place they arrested me the last time.
Another clothing conflict in "court"* ប្រធានចៅក្រម បានស្នើសុំ យ៉ាងខ្លាំង (បង្កើនសំឡេង របស់គាត់) ឱ្យខ្ញុំ ដកភាពខ្មៅ ចេញពីក្បាល, មុខ; ដោះវ៉ែនតាខ្មៅខ្ញុំ ចេញ, ហើយ ប្តូររបាំងខ្មៅ របស់ខ្ញុំ ទៅជាពណ៌ស្រាល ជាង ខ្ញុំ បានសួរគាត់ ពីហេតុផលមួយ ក្រៅពីគាត់ រកឃើញ ខ្ញុំ «ខុសពីអ្នកដទៃ»។ គាត់ បានចង្អុល ទៅ មាត្រា ៣១៨ ដែលជាទូទៅ និយាយ អំពី តួនាទីរបស់គាត់ ក្នុងការរក្សាសណ្តាប់ធ្នាប់ នៅក្នុងតុលាការ។ លោក បានលើកឡើងថា ជាឧទាហរណ៍ មនុស្ស មិនអាច យកអាវុធចូល បានទេ។ ខ្ញុំ ប្រាប់គាត់ថា ខ្ញុំ កាន់ផ្កា, ហើយ មិនរំខាន។ បន្តិចក្រោយមក, គាត់ គំរាមសន្តិសុខ ឲ្យដកខ្លួនខ្ញុំ ចេញពីតុលាការ។ មេធាវីខ្មែរខ្ញុំ សុំសម្រាកបន្តិច ដើម្បី ឲ្យយើង អាន មាត្រា ៣១៨ និងពិភាក្សា ជំហានទៅមុខ។ ខ្ញុំ បានសម្រេចចិត្តថា ខ្ញុំ នឹងធ្វើតាម ព្រោះ ខ្ញុំ ចង់ឮ មន្ត្រីសន្តិសុខ ផ្តល់ភស្តុតាង ជាជាងខកខាន ក្នុងសវនាការនេះ។ The presiding judge asked strongly that I remove my blackness from my head, face; take off my sunglasses and change my black mask to a lighter color. I asked him for a reason besides him finding me "different than everyone else". He pointed to Art. 318 which generally speaks about his role to keep order in court; he mentioned that for example people cannot bring in weapons. I told him I am holding a flower and not disruptive. After a bit more back and forth, he threatened for security to remove from court. My Khmer lawyer asked for a brief break so we could read Art. 318 and discuss steps forward. I decided that I would comply as I wanted to hear the security officers give their evidence rather than miss out on this hearing. More images/captions from March 10 hearing...
See more images, captions of the March 10 hearing...
Full morning of questioning of only me, continued from 22-2-22.
Extensive coverage of my March 1 hearing by the Cambodia Daily Khmer.
Article 252 of the Cambodian Criminal Procedural Code
នៅពេល ខ្ញុំ ជាប្រតិភូ នៃចលនាពិភពលោក ដើម្បី ប្រជាធិបតេយ្យ នៅទីក្រុង គៀវ, ប្រទេស អ៊ុយក្រែន (មេសា ២០០៨) | When I was a delegate of the World Movement for Democracy in Kyiv, Ukraine (April 2008) [24-2-22 Putin invades Ukraine]
22-2-22 TUESDAY, 22 FEBRUARY 2022 HEARING Full morning of questioning of only me, first time under full interrogation.
Tuesday “court” hearing (22-2-22) ខ្ញុំ ស្លៀកពាក់ ជាកសិករចិន ជាមួយ ម៉ូដសក់ ឈីង ជួរម៉ាន់ជូ ជានិមិត្តរូប នៃការជិះជាន់ និងអាណានិគមនិយម បំផ្លិចបំផ្លាញ លើកម្ពុជា ដោយចិន។ I am dressed as a Chinese peasant with a Manchu queue hairstyle to symbolize oppression and the destructive colonialism of Cambodia by China. ខ្ញុំ ពាក់ ខ្នោះកជើងដែក សម័យខ្មែរក្រហម ជាការរំលឹក អំពី ការគាំទ្រ នៃចិន និងប្រវត្តិសាស្ត្រ នៃរបបនេះ ចំពោះ ខ្មែរក្រហម។ I am wearing Khmer Rouge-era ankle shackles as a reminder of China’s patronage of and this regime’s ties to the Khmer Rouge. ខ្ញុំ កំពុងដើរ ដោយជើងទទេរ ទៅ «តុលាការ» ចាប់ផ្តើម នៅណាហ្គាវើល ដើម្បី រួមសាមគ្គីភាព ជាមួយ បុគ្គលិកកូដករ និងអំពាវនាវ ឲ្យដោះលែង មេដឹកនាំ សហជីព ដោយគ្មាន លក្ខខណ្ឌ។ I am walking barefoot to “court” starting at NagaWorld to stand in solidarity with the employees on strike and to call for the unconditional release of the union leaders. មេធាវីខ្ញុំ និងខ្ញុំ នឹងផ្តោតលើ ការរំលោភ ធ្ងន់ធ្ងរ នៃដំណើរការត្រឹមត្រូវ ដែលធ្វើឱ្យ សវនាការព្រហ្មទណ្ឌ ទាំងនេះ ទុកជាមោឃៈ។ (សូម មើលមាត្រា ២៥២ នៃក្រមនីតិវិធី ព្រហ្មទណ្ឌកម្ពុជា នៅក្នុងគម្រប ហ្វេសប៊ុកខ្ញុំ។ ) My lawyer and I will be focusing on the gross violations of due process time and again that make these proceedings null and void. (See Article 252 of the Cambodian Criminal Procedure Code in my Facebook cover.)
TUESDAY, FEBRUARY 15 HEARING (Postponed due to Covid isolation of Khmer lawyer, Choung Chou Ngy, who was in contact with his other clients with Covid to Feb. 22)
RFA live interview re the postponement of the Feb. 15 hearing
The Cambodia Daily "Idea Talk" -- Role of Youth in Politics
Saturday, 15 January 2022 Visit to Naga World to Greet Employees on Strike
ទៅសួរសុខទុក្ខ កម្មករ ណាហ្គាវើល ធ្វើកូដកម្ម | Going to greet Naga World workers on strike ១. ការកោរសក់ តំណាងឱ្យ ការកាន់ទុក្ខ | Shaved head symbolizes mourning ២. អប្សរា តំណាងឲ្យ ស្ត្រីខ្មែរ (និងបុរសៗ ដែលស្រឡាញ់ ពួកគាត់) | Apsara symbolizes Cambodian women (and the men who love them) ៣. ខ្នោះជើង ខ្មែរក្រហម តំណាងឲ្យ កម្ពុជា ជាគុក គ្មានជញ្ជាំង — បច្ចុប្បន្នកាល គឺ អតីតកាល | Khmer Rouge ankle shackles symbolize Cambodia as a prison without walls (the present is the past) ៤. ផ្កាឈូក តំណាងឱ្យ ការរស់ឡើងវិញ | Lotus flower symbolizes rebirth/revival
(L) RFA daily program for 15 January 2022 -- Starting at minute 48; (R) Images from RFA
A repost of Sat Pa's longer livestreaming.
TUESDAY, JANUARY 4 HEARING
Unannounced Visit by 6 district security officers to my home, one of several unannounced visits. But on this day (Jan. 6), I was there to greet them.
Even if my case at “court” comes to an end with the dropping of these absurd charges without conditions, Jared Genser has agreed to keep my case file open should an “accident” befall me. The visit today was pure intimidation and an attempt to check out the vulnerability of my rental home.
My plan was to walk barefoot in an orange prison uniform from NagaWorld to the Municipal Court via Sihanouk Blvd. Well, my plan was "arrested"...
(L) First livestreaming video I made from NagaWorld (location of some 1,000 workers on strike, to stand in solidarity with them). (R) Second livestreaming video where toward the end I was assaulted and detained, encircled by about 40 security officers near Hun Sen's mansion.
Over 1,100,000 views total of the assault and arrest by 40 security officers of one unarmed petite woman.
Later that January 4 afternoon, the authority detained Ms. Chhim Sithar, leader of the union on strike at NagaWorld. As of January 13, she and 7 other union leaders are still languishing in prison.
More videos, reactions, images of Assault and Arrest here.
End of Self-Representation Tuesday, Dec. 28 hearing: Presiding Judge Ros Pisith order one of the 4 court-appointed lawyers present at hearing (2 new young faces) to give me access to all the documents I had mentioned at the Jan. 14 hearing and listed in my prepared Court Statement which I had given to the lawyers. Friday noon, Dec. 31: Young lawyer telephoned me to meet at 4:30 at the CBA legal aid building in Phnom Penh. 3 of the 4 court-appointed lawyers present at the Dec. 28 hearing showed up for a photo-op after I signed the retainer agreement underscoring that I am only doing this in order to receive documents and even then only the 9 poorly printed sheets of my alleged FB posts. I mentioned how disappointed I was that they did not abide by the order of the presiding judge to give me all the documents I am required by law to have. Later that afternoon / early evening, I emailed the lawyer to say I am rejecting all 5 lawyers' representation and will hire my own private Khmer lawyer. Saturday late afternoon, Jan. 1: I signed a retainer agreement with lawyer Choung Chou Ngy. Tuesday morning, Jan. 4 hearing: lawyer Chou Ngy will accompany/represent me.
Hiring of Khmer Lawyer Choung Chou Ngy
Court-appointed Lawyers Fired
What a joke! What I received with 9 sheets of poorly-printed images of my alleged Facebook posts. This court-appointed lawyer paper issued by the Cambodian Bar Association was dated 4 Nov. 2020. The FIRST preliminary hearing was Thanksgiving Day, 26 Nov. 2020! I learned for the FIRST TIME of the charges against me on 6 Nov. 2020 and received an unsigned summons the next day. This Nov. 4 doc was anticipating my fleeing Cambodia! (I’m only perusing the content for the first time just now since I was given this a couple of days ago.) - Sunday, 2 January 2021
TUESDAY, DECEMBER 28
នៅថ្ងៃអង្គារ ទី ២៨ ខែធ្នូ ឆ្នាំ ២០២១ ខ្ញុំនឹងបង្ហាញខ្លួនតែម្នាក់ឯងនៅក្នុង «តុលាការ» ឬល្ខោននយោបាយរបស់របបនេះ របបនេះ ចង់ដាក់ខ្ញុំ ឱ្យនៅឯកោ ក្នុងការបំបែកខ្ញុំ ទៅជាក្រុមដោយខ្លួនឯង, ហើយ កំណត់ពេលវេលា ឱ្យខ្ញុំ នៅថ្ងៃសវនាការ នៅពេល ដែលមនុស្សគ្រប់គ្នា នៅក្នុងពិភពលោក គឺនៅវិស្សមកាល ក្នុងអំឡុងពេលរដូវកាល នៃពិធីបុណ្យ សកល ជាច្រើន។ On Tuesday, 28 December 2021, I am to appear ALONE in this regime's "court" or political theatre, while the remaining 41 other charged individuals (of the 139 total in the unprecedented mass trial for treason and incitement) are divided into two groups: Group 1 with 7 total hearings on Tuesdays running through (Feb? March?), and group 2 with 5 hearings on Thursdays. This regime wants to isolate me in separating me into my own group and scheduling me on a hearing date when EVERYONE IN THE WORLD IS ON HOLIDAY. Particularly, the international staff of NGOs and Embassies inside Cambodia who could monitor the situation.
សូម អរគុណ យ៉ាងជ្រាលជ្រៅ ដល់បងប្អូន សម្រាប់ ការបន្តគាំទ្រ ដោយចិត្តគំនិត, ដោយថវិកា, ដោយប៊ួងស៊ួង។ ការគាំទ្រ របស់ បងប្អូន មានឥទ្ធិពល ដោយផ្ទាល់ និងភ្លាមៗ—ការសង្គ្រោះជីវិតខ្ញុំ និងការលើកទឹកចិត្ត យ៉ាងខ្លាំង ដល់បុគ្គល ជាប់ចោទ ផ្នែកនយោបាយ ផ្សេងទៀត, ពិត ជាចំពោះ ប្រជាជនកម្ពុជា ទាំងអស់ ជាទូទៅ។ សូម ថ្លែងអំណរគុណ យ៉ាងជ្រាលជ្រៅ ចំពោះ ហ្គលិន (Glenn) ដែលជាមិត្ត សាលាច្បាប់ ផ្ដែលបានបង្កើត និងគ្រប់គ្រង មូលនិធិ គាំទ្រ ផ្នែកច្បាប់។ យើង ស្នើសុំ ការបរិច្ចាគ មួយជុំទៀត ដល់មូលនិធិ គាំទ្រ ផ្នែកច្បាប់នេះ, ជាពិសេស ពេលណា ខ្ញុំ ត្រូវបានឃុំខ្លួន, ហើយ ភ្លាមៗ ត្រូវទាមទារតំណាង មេធាវី ក្នុងស្រុក។ (កិច្ចព្រមព្រៀង ជួលមេធាវី ត្រូវបាន ចុះហត្ថលេខា រួចហើយ។)
Thank you so much, Lawyers' Rights Watch Canada! Particularly, Prof. Catherine Morris!
Tuesday, 7 December 2021 Hearing Wounded Apsara on Trial for Treason/Incitement More on the Dec. 7 hearing here...
1,700,000-plus views
Live-streaming while on the way to Dec. 7 hearing
(L) សូម ចងចាំ៖ នេះ គឺ ជាល្ខោន—ល្ខោន នយោបាយ។ ខ្ញុំ ត្រូវ បានគេ បង្ខំ ឱ្យចូលរួម សម្ដែង ក្នុងល្ខោន នយោបាយ នេះ។ ខុសពី តួសម្ដែង ផ្សេងៗ ទៀត, ខ្ញុំ មាន ស្គ្រីភត៍ / parole ផ្ទាល់ខ្លួន របស់ខ្ញុំ (script: បន្ទាត់ តួសម្ដែង មួយៗ ត្រូវ សូត្រ), ខ្ញុំ ផ្ទាល់ខ្លួន និពន្ធ តួអង្គ/តួនាទី របស់ខ្ញុំ។ តួអង្គ របស់ខ្ញុំ នៅព្រឹកនេះ គឺ ជា «អប្សរា ឈឺចាប់ ខ្លោចផ្សា» តំណាង ឱ្យស្ត្រីខ្មែរ ទាំងអស់ ដែលរងទុក្ខ នៅក្រោម របបផ្តាច់ការនេះ, និងឱ្យ បុរស ដែលស្រឡាញ់ ពួកគាត់។ (R) Message in English: "Please be reminded: This is theatre, political theatre. I've been forced to act in this political theatre. Unlike the other actors, I have my own script; I write my own role. My role this morning is as a 'Wounded Apsara', representing all the Cambodian women out there suffering under this autocratic regime and the men who love them." Thanking everyone for their support... Glenn Kaminsky, Tony La Vina...
Several prominent reposts:
Coverage by the Associated Press
Et Le Monde La Semaine, 25 decembre 2021
Impromptu Press Conference Before and After Hearing Outside Court
RFA Live Interview that evening (Dec. 7)
A Song for Me! (Composed, Sung, Mixed, Uploaded within one hour after my trial hearing!) «ធារី ដួងចិត្ត» "Darling Theary"
Some of the major reposts of "Darling Theary":
And another one...
And the one from last year...
The Strongman takes note of Wounded Apsara
DAP News -- Hun Sen: "Now there even appears a Bald-headed Apsara..."
Jared Genser in Cambodia for my Dec. 7 hearing!
Message in Khmer expressing my excitement about Jared Genser's presence in Cambodia!
(L) RFA Khmer, 7 Dec. 2021: "International lawyer warns that Hun Sen's government will have problems if Theary Seng is convicted" (R) RFA Khmer, 8 Dec. 2021: "International lawyer surprised at many gross violations of due process by Cambodian court"
RFA Khmer, 13 Dec. 2021: "Legal person(s) surprised by the reaction of government lawyer group that threatened international lawyer"
More on Jared Genser in Cambodia here.
"International law expert committed to following through with Cambodian court political theatre"
Profile of me by RFA in Khmer
"Theary Seng's Life and Perseverance"
Incitement? Trolling Cambodian-American James Sok asks: What kind of person is Theary Seng?
Message of Gratitude to all of you for your outpouring of love and support!
Explaining significance of Due Process
3 friendly police officers hand-delivered a re-do summons to my rental home in Kien Svay (just on the outskirts of Phnom Penh) for me to appear in "court" on charges of treason and incitement on Tuesday, 7 December 2021 at 8:30 a.m.
Please mark DECEMBER 7, 2021 on your calendar. My "court" hearing for treason and incitement has resumed: Tuesday, 7 December 2021, at 8:30 a.m. at the Phnom Penh Municipal Court. I will appear in court. I ask for your support of prayers and by monitoring; I ask that you use whatever influence you have wherever you are to help cast light on this very dark situation in Cambodia, and contact your elected representatives. Dark deeds quiver under the spotlight. vs. Summons initially delivered to Kirirom, Kampong Speu Province, in my absence on 7 Nov. 2020, one year ago.
I first heard about this new re-do summons via Facebook on 19 Nov. 2021.
US slapped Sanctions on 2 High-Level Officials and their Families (10 Nov. 2021)
ប្រវត្តិរូប ថ្ងៃសៅរ៍ ចោទប្រកាន់ ពីបទក្បត់ជាតិ, អ្នកនៅរស់រានមានជីវិត ពីអំពើប្រល័យពូជសាសន៍ ជ្រើសរើស ប្រយុទ្ធ, មិនរត់គេចខ្លួន
ក្នុងកុមារភាព, ធារី សេង បានគេចផុត ពីវាលពិឃាត របស់ កម្ពុជា។ បន្ទាប់ ពីវិលត្រឡប់ មកទីនោះវិញ ក្នុងនាមជាអ្នកតស៊ូមតិ ផ្នែកសិទ្ធិមនុស្ស, គាត់ បានធ្វើឱ្យ មេដឹកនាំ បុរសខ្លាំង របស់ ប្រទេសនេះ ខឹង។ ប៉ុន្តែ គាត់ បដិសេធ មិន ត្រូវ បានបណ្តេញចេញ ម្តងទៀត ទេ។
កាសែត ញូវ យ៉ក ថែមស៍ (ល្បីល្បាញ បំផុត នៅលើ ពិភពលោកទាំងមូល, អាន ដោយមនុស្ស គ្រប់គ្នា នៅជុំវិញ ពិភពលោក) ដោយ សេត ម៉ៃដិនស៍ (ដែលជាអ្នកកាសែត ចាស់ទុំ ដែលមាន ការគោរពបំផុត), ៦ សីហា ២០២១
THE SATURDAY PROFILE Charged With Treason, a Genocide Survivor Opts to Fight, Not Flee
As a child, Theary Seng escaped Cambodia’s killing fields. After returning there as a human rights advocate, she angered the country’s strongman leader. But she refuses to be driven away again.
Seth Mydans | New York Times | Aug. 6, 2021
BANGKOK — Only a small child when the Khmer Rouge seized power in 1975 and soon made her an orphan, Theary Seng has two enduring memories from that time in Cambodia’s tortured history. In one, she had fallen asleep in the arms of her mother only to wake up to find her gone. “It was my first spiritual experience,” she said, “when I knew without anyone telling me that my mother was not on this earth.” The other is a sensory memory. “I remember the stink of human flesh, very, very clearly,” she said. “That’s a personal memory, the stench of death. I was 7 years old. My job was to pick up cow manure for fertilizer. I would wander the fields, and the fields were just covered with graves.” Four decades later, Ms. Theary Seng, a human rights lawyer who now holds an American passport, is back in Cambodia and confronting a new ordeal: She has been charged with treason. She returned to Cambodia in 2004 to help build democracy in her wounded country, becoming an irritant to the strongman, Prime Minister Hun Sen, who considers human rights advocates like her as adversaries. Last November, she found herself on a list of some 130 government opponents and critics who were facing a mass political trial, part of a drive by the prime minister to crush resistance and secure his one-man rule. The charges against her, “conspiracy to commit treason” and “incitement to create social disorder,” which carry up to 12 years in prison, are “absurd,” she said. “Blatantly, on their face, they are baseless and not based in law or fact.” In a show of determination and defiance, one of the first things Ms. Theary Seng did when she learned of the charges against her was to lop off her hair.
She used a large pair of green-handled scissors and livestreamed her gesture in a video broadcast on Radio Free Asia. “I know that they will detain me, so I am cutting my hair short because I’m afraid of the lice in prison,” she declared. For the nine months since then, Ms. Theary Seng, 50, has lived at home on the outskirts of Cambodia’s capital, Phnom Penh, in a torment of uncertainty, without word on when her case will be heard even as the trial proceeds with some of the other defendants. A flare-up of Covid in Cambodian jails has added another layer of fear about what detention could mean. Her haircut was a flamboyant gesture, but also a serious assertion that she had no intention of using her American passport to flee, as the government might have hoped she would. “I’m not going to be driven away from my homeland in the way I was driven away as a refugee,” she said. As she describes herself in the title of her autobiography, Ms. Theary Seng is a “daughter of the killing fields” who survived the four-year genocide at the hands of the communist Khmer Rouge that took the lives of perhaps one-fourth of the country’s population in the late 1970s, including her parents. In 1979, at the age of 7, she made a dangerous journey with several relatives across the border into Thailand. After a year in a refugee camp, her family was taken in by a Christian congregation in Grand Rapids, Mich. She would later graduate from Georgetown’s School of Foreign Service and go on to earn a law degree from the University of Michigan. And then, 17 years ago, like a small number of other idealistic refugees, she went back to Cambodia to take part in a revival of its civic life, becoming a leading social justice advocate. She took a position as executive director of a human rights organization, the Center for Social Development, and then founded the Cambodian Center for Justice and Reconciliation as well as the Center for Cambodian Civic Education. Her goal, she said, was “to stem Cambodia’s complete plunge into autocracy” by publicizing and agitating against abuses of political and human rights. In addition, she assisted potential witnesses at a trial of Khmer Rouge leaders, where she also testified as a victim. “There was such high hope when I entered civil society,” she said. But nearly two decades later, as Mr. Hun Sen’s repression has intensified, “there’s no democratic or civic space left,” she said. Staying to fight what she called a political struggle rather than a legal process was a matter of principle — and something she has long been preparing for.
“I don’t have a family, don’t have a husband or children that they could threaten, and I don’t have private property,” she said. “I’ve made a deliberate choice that if I continue to work in human rights and defend human rights, I’m going to stay unencumbered and free.” The U.S. State Department has criticized the trial, saying, “We urge Cambodia to drop these baseless charges against human rights defenders.” Both the United States Embassy and the American Bar Association have said they would send observers if Ms. Theary Seng is called into a courtroom. “Theary has been a courageous champion for democracy and social justice in Cambodia for many years,” said John D. Ciorciari, an associate professor of international policy at the University of Michigan and an expert on Cambodia. “As government crackdowns have squeezed out space for democratic political dissent, she has stood bravely against authoritarianism.” In justifying the arrests and its broader crackdown on the opposition, the Cambodian government appears to be claiming that its critics are part of a coordinated effort to overthrow the government. The Asia Pacific director for Amnesty International, Yamini Mishra, said in a January statement that the government’s “onslaught of cases is the culmination of a relentless campaign of persecution against Cambodia’s political opposition and other dissenting voices.” The challenges Ms. Theary Seng now faces after that initially hopeful journey home have brought her full circle from the ordeals of her childhood. Too young to understand or remember a great deal of what she lived through, she said much of her autobiographical account was drawn from many hours of interviews with family members. She said the two horrific memories that have stuck with her were mostly suppressed until her teenage years. “Living through genocide was catching up with me, and I was chronically suicidal in high school,” she said. “What saved me was calligraphy. I calligraphied the whole Book of Psalms. I had this pile of parchment.” The psalms were more than poetry to her. At Millbrook Christian Reformed Church in Grand Rapids, she became a committed Christian. “I’m culturally Buddhist,” she said. “I have no problem respecting and attending Buddhist ceremonies. But my belief system is Judeo-Christian.” As she awaits the government’s next move, it’s not calligraphy but punctuation that is helping her deal with the stress of the unknown. She is correcting a translation of the Bible in Khmer, a language that is written without punctuation or spaces between words. She is improving what she says are mistranslations, and much of her project involves simply inserting commas.
In her own writing, she concluded her autobiography with what she describes as “one of the most surreal events of a lifetime,” an encounter with the Khmer Rouge leader she holds responsible for the deaths of her parents. In the remote town of Pailin in 2002, before she returned to Cambodia to stay, she visited Khieu Samphan, who was later convicted of genocide in a U.N.-backed tribunal. “I stood face to face with evil incarnate, my parents’ murderer,” she wrote. “Instead of revulsion, a perverse sense of awe initially captured my emotions — for evil was not mad, but charming, gracious and grandfatherly.” They had what she calls “a polite hour-and-10-minute conversation,” in which Mr. Khieu Samphan trotted out his rote defense that he had no idea what was going on under his leadership. “I can honestly say I felt no anger towards him, and I was surprised at how calm I was,” she wrote. But later she found herself “amazed, time and time again, at Khieu Samphan’s ability to live with himself.” Mr. Khieu Samphan is now the last living leader of the Khmer Rouge, and his pro forma appeal of his conviction and life sentence is the last major order of business of the long-running tribunal. “We live in a sea of abuses, so the tribunal is not even on our radar,” Ms. Theary Seng said, as Cambodia struggles through an entirely new set of political traumas nearly half a century after the genocide she managed to escape. This time, she is determined to stay. “I’ve been a rights advocate all my adult life,” she said. “I wouldn’t just step away from it now. All my years of human rights training would be null and void if I didn’t stay and fight.” Seth Mydans reported as a foreign and national correspondent for The New York Times and its sister publication, The International Herald Tribune, from 1983 to 2012. He continues to contribute to The Times.
Andy Ball / New York Times
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Cambodia v. Theary Seng
របាយការណ៍ របស់ គណៈមេធាវី អាមេរិក («អេប៊ីអេ») អំពី រឿងក្ដីខ្ញុំ។ លោកអ្នក ក៏អាចអាន ការបកប្រែ ពេញលេញ ជាភាសាខ្មែរ នៅគេហទំព័រ អេប៊ីអេ។
កម្ពុជា ទល់នឹង សេង ធារី (ភាសាខ្មែរ នៃរបាយការណ៍ មិថុនា ២០២១) ការវិភាគ ផ្នែកច្បាប់ ដោយគណៈ មេធាវី អាមេរិក និងមូលនិធិ ខ្លូនី ដើម្បី យុត្តិធម៌ អំពី ការជំនុំជម្រះក្តី ពីបទ ក្បត់ជាតិ និងញុះញង់
Read the report: at the ABA, the Clooney Foundation, or Facebook.
អប្សរា ឈឺចាប់ ខ្លោចផ្សា | Wounded Apsaras
នឹក សក់វែង | Reminiscing about Long Hair
Parenthetically, Smear Campaign and Aristocracy...
... not to mention also, the planned destruction of antiquity. I've helped to raise funds among family and friends over the years, and also personally contributed not only financially but professionally and timewise, to the children's home that a whole 2-story building in the Battambang center bear my family name.
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Support from the Philippines
Tony La Vina | 12 April 2021 [excerpts] Forthcoming is the trial of other activists, including Theary Seng, famous as a survivor of the Pol Pot genocide campaign and a big champion of social accountability. When we were working in the Ateneo School of Government, we worked closely with Theary on a shared commitment to mainstream social accountability in our region. Theary has pointed out: "The real purpose of the charges against me is to silence me, as I have been a long-standing and outspoken critic of Mr. Hun Sen and his party. But under both the Constitution of Cambodia and international law of which Cambodia is a party to, I have the right to freedom of opinion and expression, which includes the right to express dissent, criticize the government and its leaders, advocate for a peaceful change of government, and share political opinions.” In a recent interview, she also emphasized the need to view these cases through a political lens, not a judicial one. She said: “The world has moved on, and Cambodia is fragile, but the international community will not put the time and money into Cambodia. So in this regard, Cambodia is encountering an existential crisis. That’s not to say I’ve lost hope, I will always have hope, but it hurts me to see the conditions of my childhood [leading up to the Khmer Rouge] replay themselves. [As a child] I did not know what was going on, [I was] just trying to survive. I will always have hope, but we are facing perilous times.” ...
My Own Trial Hearing, 25 February 2021
As of Monday afternoon, 10 May 2021, I still have not heard from the Phnom Penh Municipal Court of my next trial hearing for treason and incitement. គិតត្រឹម រសៀល ថ្ងៃច័ន្ទ ១០ ឧសភា ២០២១, ខ្ញុំ នៅតែ មិនទាន់បានឮ កាលបរិច្ឆេទថ្មី នៃសវនាការ ជំនុំជម្រះ របស់ខ្ញុំ ពីសាលាដំបូង រាជធានីភ្នំពេញ ពីបទក្បត់ជាតិ និងញុះញង់។
Political Covid
Sub-decree, 31 March 2021 Art. 4: Travel may be restricted or prohibited... except for: ... “travel to implement legal duty before judicial police or court” Art. 5: Gathering of people may be restricted or prohibited... except for “gathering during the period of procedural work of the judicial police or court”
Public Announcement of Hearing Postponement issued by the PPMC Administration, dated 11 March 2021 1st announcement from court dated Feb. 23: Hearings postponed till March 12. This 2nd announcement dated March 11: Hearings postponed through March 26. (I received this copy not from the court but from someone else.)
តុលាការ បានជូនដំណឹង ដល់ខ្ញុំ នៅរសៀល ថ្ងៃអង្គារនេះ ថា សវនាការខ្ញុំ ត្រូវ បានពន្យារពេល ដោយគ្មាន កំណត់ ដោយសារ តែ Covid-19។ វីដេអូឃ្លីប ជាភាសាខ្មែរ។ I was informed on Tuesday afternoon that my court hearing for THURSDAY, February 25, has been indefinitely postponed due to a new outbreak of Covid-19. Video clip in English. As of 3 March 2021, I still have no new news from the court regarding my trial hearing.
TS: While I need to be versed in the law, the decisions won’t be based on the law, because this is a political trial, it will be made by politicians. I’m focusing on the political aspect, drawing international pressure and reminding everyone to view the trials through a political lens. When I dress for court, I dress for theatre, as if I am about to attend a play. This is a reminder to everyone to view this whole thing through a political lens, not a judicial one. The scene is a courtroom, the actors are judicial actors in a very real way, but it’s a legal drama on a political stage. We need to be reminded of this, the public needs to be reminded of this. It’s like roleplaying – of course understanding the seriousness of the issue – but if they want me to act, I will act. My part is an activist who has been pulled into this political play.
Maybe my next "court" outfit.
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The newly appointed UN Special Rapporteur for the situation of human rights in Cambodia, Prof. Vitit Muntarbhorn.
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EU Resolution on Cambodia 10 March 2021
Meanwhile, the judgment against Sam Rainsy and 8 other CNRP leaders was issued: a sentence of decades in prison for each.
List of Charged Persons to Appear on 25 Feb. 2021 for Interrogation
9. Phuong Tha 10. Seng Chan Theary (me!) 11. Kheang Viseh 12. Chheng Sophorn 13. Seng Bunrong 14. Tum Bunthan called Sok 15. Yu Chantheany 16. Rin Roth 17. Sao Ousaphea 18. Suon Chamroeun 19. Neang Sokun 20. Khin Chumroeun 21. Heng Layhuor 22. Cham Chaya 23. Chath Vichea 24. Tor Nimol 25. Leng Senghong called Buoy Hong
Thursday, Feb. 18 Hearing
The violence subsided and the built-up security walked away when they realized I returned to the group of “Friday Women” and other peaceful protesters; I had been walking back to where my ride was to return home, but curious as to why the reinforcement of security and why the women were being led into heavy traffic in the middle of a busy intersection, seeing from afar an unsettling situation, I walked back to the group amid heavy traffic. (I had been live-streaming from the iPhone with my FB account “Theary C. Seng” before switching to the one with my name written in Khmer.)
So sad and inspiring at the same time what is happening in Burma/Myanmar! Sad because of the military coup, inspiring because of the strength and resolve of the Burmese people! We, too, will have our opportunity to show our strength in putting an end to this violent regime in our own country. I have hope always. You and I together--we, as water, gentle yet strong--will bring about this peaceful change from injustice to justice, from violence to peace. Cheyo Democracy! Join me on Feb. 18 when I will again be in front of the Phnom Penh Municipal Court with the “Friday Wives/Women” to show my support to the wrongly charged with a “hearing” that morning. My “court hearing” is not until one week later, Thursday, Feb. 25. The courageous “Friday Wives/Women” have become so well-known that this regime has now changed the political hearings to days other than Friday! Many to Thursday.
Thursday, February 4 Hearing Lending My Support to the "Friday Women" Protesters
Thursday, 28 January 2021 Hearing
I will be in front of the Phnom Penh Municipal Court tomorrow, Thursday morning at 8 a.m. (28 Jan. 2021) to show support for my co-defendants--5 of them, including NEY Leak, an elected CNRP official from Battambang. (My own next "court hearing" is not until 25 February 2021.) Please join me outside the court to show our support for these 5 CNRP activists and supporters who are wrongly charged. ខ្ញុំ នឹងនៅ ឯសាលាដំបូង រាជធានី ភ្នំពេញ នៅព្រឹក ថ្ងៃស្អែក (២៨ មករា ២០២១) ដើម្បី បង្ហាញ ការគាំទ្ រចំពោះ ជនជាប់ចោទ ទាំង ៥ នាក់ ដែលបាន ចោទប្រកាន់ ជាមួយខ្ញុំ ពីការក្បត់ និងការញុះញង់, រួមទាំង ក្មួយស្រី នី លក្ខ (Ney Leak), មន្ត្រីជាប់ឆ្នោត របស់ គណបក្ សសង្គ្រោះជាតិ មកពីខេត្ត បាត់ដំបង។ (សវនាការ បន្ទាប់ របស់ខ្ញុំ គឺថ្ងៃ ២៥ កុម្ភៈ ២០២១។) សូម ចូលរួម ជាមួយខ្ញុំ នៅមុខ អាគារ តុលាការ ដើម្បី បង្ហាញ ការគាំទ្រ របស់យើង ចំពោះ សកម្មជន គណបក្ស សង្គ្រោះជាតិ ដែលត្រូវ បានចោទប្រកាន់ ដោយអយុត្តិធម៌។
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Treason and Incitement Trial Phnom Penh Municipal Court Thursday, 14 January 2021 8:30 A.M.
Read my prepared Statement before the Hearing of 14 January 2021; I was prevented from reading this Statement. In both Khmer and English.សូម អាន សេចក្តីថ្លែងការណ៍ ដែលបានរៀបចំ ទុកជាមុន របស់ខ្ញុំ នៅចំពោះ មុខតុលាការ, ប៉ុន្តែ ត្រូវ បានរារាំង មិន ឱ្យបញ្ចប់ ការអាន។ ទាំង ភាសា ខ្មែរ និងអង់គ្លេស។
ឬ, មើលខ្ញុំ អាន សេចក្តីថ្លែងនេះ ទាំង ភាសា ខ្មែរ និងអង់គ្លេស។ Or, watch me read the Statement, in Khmer and in English.
RFA | 14 January 2021 [excerpt] “In a society that we call a democracy, I have the right to express my opinions, to express political opinions, but I am being persecuted,” Theary Seng, a Cambodian-American human rights activist who was on trial Thursday told RFA. “I am being prosecuted and persecuted, but I am not afraid of this regime. He, Mr. Hun Sen, is not the owner of my life. God is the owner of my life. And he will not intimidate me with these charges. I will face them. Because they're a sham. They're not real charges,” she said.
RFA live TV | 14 Jan. 2021
My comments to Le Monde: Madam Mu Sochua also has dual nationality: American and Cambodian. But she is already outside; it is better to keep real dissenting voices outside. My voice is inside; it is a continuing threat to the regime but my American nationality poses an obstacle unlike others charged with me inside the country. As I said before, the CURRENT strategy in play is to obliterate ALL DISSENTING VOICES WITHIN the country, of which I am one of the very few remaining ones, if not the only one not in exile, in hiding or behind bars. The strategy is not to divide the opposition; the regime has successfully achieved that, in keeping all the real opposition outside; Kem Sokha is not a real opposition; he is so entangled with Hun Sen and his politics and is so uncreative that he is forever Hun Sen's go-to diversion when division is needed. The current situation is more nuanced and has passed this divide-and-conquer strategy: it is to destroy all remnants of dissension, of which I am the only one left.
More images and coverage here.
Haha... dressed for theatre! I’ve been forced to put on a performance of a lifetime in this legal drama on a political stage... What’s your preference: white or red? As with wine, I go back and forth... Haha... Next time, it will be the timeless elegant Cambodian silk "hol" ; ) - Theary, FB, 16 Jan. 2021
ថ្មីៗនេះ, មេធាវី អន្តរជាតិ អត់គិតថ្លៃ របស់ខ្ញុំ យ៉ារេឌ ហ្គេនស៊ើរ និងខ្ញុំ បាននិយាយ ជាមួយ ប្រធាន កម្មវិធី តាមដាន ការជំនុំជម្រះក្តី របស់ គណៈមេធាវី អាមេរិក (អេប៊ីអេ) ដែលទទួល មូលនិធិ ពីមូលនិធិ ក្លូននី។ សូម អរគុណ សាស្រ្តាចារ្យ ស្ទែនហ្វត បេត វ៉ានសាក សម្រាប់ ការណែនាំ។ គណៈមេធាវី អាមេរិក នឹងបញ្ជូន អ្នកឃ្លាំមើល ការជំនុំជម្រះ ទៅកាន់ សវនាការ របស់ខ្ញុំ នៅសប្តាហ៍ក្រោយ, ថ្ងៃព្រហស្បតិ៍ ១៤ មករា ២០២១, ហើយ មូលនិធិ ក្លូននី នឹងចេញ សេចក្តីថ្លែងការណ៍ ជាសាធារណៈ ស្តីពី ការជំនុំជម្រះនេះ។ នេះ, បន្ថែម លើមិត្តភក្តិ និងប្រធាន ស្ថាប័នច្បាប់ ជាច្រើនទៀត ដែលបានបង្ហាញ ចំណាប់អារម្មណ៍ យ៉ាងខ្លាំង ចំពោះ ការជំនុំជម្រះ របស់ខ្ញុំ, រួមទាំង ខារ៉ូលីន កេណ្ណឌី, ភីធ័រ ម៉ានីកាស នៃ អិនឌីអាយ (NDI), តូនី ឡាវីណា នៃប្រទេស ហ្វីលីពីន, សហសេវិកខ្ញុំ ក្នុងតំបន់ នៅឯ ANSA-EAP, រូភឺត ស្គីលបេក នៃ Redress, ខេត ម៉ាក់ឃីនថូស នៃវិទ្យាស្ថានសន្យា UCLA សម្រាប់ សិទ្ធិមនុស្ស, ណូរ៉ា ស្វីអាហាស និង អាន ម៉ាហ្គ្រីត សូនណូឡែន នៃន័រវែស, ល។ ហើយ ការដឹងគុណ ដ៏អស់កល្ប របស់ខ្ញុំ ចំពោះ ហ្គ្លែន កាមីនស្គី, និងយ៉ារេឌ ហ្គេនស៊ើរ និងក្រុម របស់គាត់ នៅផឺរស៊ីស។ Recently, my pro bono international lawyer Jared Genser and I spoke with the head of the American Bar Association (ABA) Trial Monitoring program funded by the Clooney Foundation. Thank you, Stanford professor Beth Van Schaack for the referral! The ABA will be sending a trial monitor to my court hearing next week Thursday, 14 January 2021. And the Clooney Foundation will be issuing a public statement on this trial. This, in addition to so many other friends and heads of legal institutions who have expressed a keen interest in my trial, including Caroline Kennedy, Peter Manikas of NDI, Tony La Vina of the Philippines, my regional colleagues at ANSA-EAP, Rupert Skilbeck of Redress, Kate MacIntosh of the UCLA Promise Institute for Human Rights, Nora Sveaass and Anne Margrethe Sønneland of Norway... And my eternal gratitude to Jared and his team at Perseus, and Glenn Kaminsky! - Theary, FB, 9 Jan. 2021
ចច និងអាម៉ាល ក្លូននី ស្ថាបនិក នៃមូលនិធិ ក្លូននី
As I prepare to appear at the Phnom Penh Municipal Court this upcoming Thursday (Jan. 14) hearing--without a Khmer lawyer, having won the right to represent myself (scroll down, see ICCPR)--different scenarios are potentially at play: (i) immediate arrest and imprisonment; (ii) political assassination; (iii) actually attempt to start applying the law and have all charges dropped--only unconditionally will I accept--and deal with me later in a traffic "accident". In thinking of the 3rd scenario, I asked Jared if he could leave my case file open and still continue to be my pro bono international counsel on the book even if all charges against me are dropped unconditionally. He said "YES". Jared's generosity provides a concrete layer of deterrence and protection against potential "accident" in the future.
Also, Jared and his team at Perseus have password access to my social media, including my two Facebook accounts and this personal website www.thearyseng.com. I have given them Power of Attorney to follow up with Facebook should anything happen to my accounts.
"Ms. Theary Seng says she's preparing as if attending a theatre when appearing in court on 14 January 2021 because it is a political stage" Aired Sunday 10 Jan. 2021
Scroll down for more info, and here for more coverage...
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Court summons for me on charges of "conspiracy to commit treason" and "incitement to create chaos impacting public security" to appear on Thanksgiving Day, 26 Nov. 2020.
អាន ជាភាសា ខ្មែរ
សូម ចុះហត្ថលេខា លើញត្តិនេះ ទៅលោក ហ៊ុន សែន ឱ្យទម្លាក់ ការចោទប្រកាន់ ទាំងអស់ យើង រួមគ្នា ទាមទារ ឲ្យតុលាការ ក្រុងភ្នំពេញ ទម្លាក់ចោលបទចោទប្រកាន់ ទាំងអស់ ដោយឥតលក្ខខណ្ឌ មកលើ៖ ១. សកម្មជន ការពារ សិទ្ធិមនសុ្ស ខ្មែរ-អាមេរិកាំង សេង ធារី; ២. សកម្មជន នយោបាយ ទាំងអស់ ដែលមានឈ្មោះ ក្នុងបញ្ជី នៃសវនាការ ថ្ងៃទី ២៦ វិច្ឆិកា ឆ្នាំ២០២០; ៣. ដោះលែង អ្នកទោស នយោបាយ ទាំងអស់៕ Veuillez signer cette pétition pour envoyer à Hun Sen l'abandon de toutes les fausses accusations contre Theary Seng et d'autres militants, et pour libérer tous les prisonniers politiques. អាន ជាភាសា ខ្មែរ
អាន ជាភាសា ខ្មែរ
Thursday, 14 January 2021 is my next court hearing. The CNRP leadership is scheduled to return from exile on 4 January 2020.
Security and the Diva-ness of it all
Johann, here’s another diva moment I had only shared with my lawyers but now share publicly:
This regime greatly miscalculated my case, thinking it could easily get rid of one of the very few remaining outspoken voices inside Cambodia in light of the lack of obvious support structure of before (vibrant civil society, robust free press, active opposition CNRP inside the country). What it has always feared is giving me a platform to launch a political career, the creation of a potential leader of the new generation. For me, if i had wanted to enter politics, the bar to entry was much, much, much lower in the 1990s up till the dissolution of CNRP. I’ve lived and worked in Cambodia since 1995. The topic and inquiry were much in discussion when I was with CSD at the height of domestic and international attention. And to blunt the popularity, the diva accusation is passed around. For me, i want to be where I believe I offer the most contribution, where I can be a straight talker in a society of intrigues and gossips and innuendoes and outright slander and defamation—from all quarters. Because everyone knows, there’s an easy and ready audience to want to believe. I see and believe already in an established opposition leader (Sam Rainsy) whom I know since 1994 and opposition party CNRP (prior to that SRP, KNP). But I’m not opposed to entering politics as my background prepares me for it, but I choose when (or if!) OR this regime may inadvertently choose for me haha... There have been 2 main stories the regime (and it seems to seep to other quarters, especially the 2nd one) tells about me: either I have returned to live in America or I’m a diva drawing attention by making up security tales. As you can see it (regime) is backtracking: the attempt to harass with criminal charges didn’t work, so now what for this regime? Jail (I’m ready for it, a sure way to creating a new opposition leader) or political assassination (of a US citizen with influential friends?) Thus, the concern of a traffic “accident”. Speaking about blunting media attention: (i) the CNRP leaders originally scheduled to appear with me on January 14 (thus, the Jan. 4 date of return) have had their hearing moved to January 29, so they have bought airfares for January 14 to prepare for the 2-week quarantine till January 28, with court appearance the next day, Jan. 29. (ii) at least one major embassy was told that the trial date has been changed to Jan. 14 to Jan. 29. (iii) at least one major international media outlet who had filmed an interview with me was informed that the Jan. 14 trial has been changed to Jan. 17. - Theary, Facebook post, 1 Jan. 2021 (updated 12 Jan. 2021)
On Christmas Eve, from 7 pm to midnight and possibly onward, the power went out about a dozen times and each time, it would flick 2-3 times! Extremely unusual. Normally, the power goes out in poor neighborhoods in and around Phnom Penh during the hot season when the excellencies need extra electricity to run their air conditioners. However, here, it was Christmas Eve and it was freezing (as you can see I’m in my turtleneck).
On Tuesday, 1 December 2020, I went to the Phnom Penh Municipal Court to obtain my case file, as I am representing myself and do not want a Khmer lawyer (except at the very moment of detention, not prior). The presiding judge Ros Piseth and associate judge Im Vannak gave me an hour of their time; his clerk gave me 3 sets of documents pertaining to my case.
3 sets of court documents I picked up from the presiding judge at his office on 1 Dec. 2020.
I "fled [evaded] justice" on 6 November 2019 when a summons was delivered to me!
I left Cambodia for the human rights conference hosted by the Norwegian Foreign Affairs in Tromsø on late 2 Nov 2019 and didn’t arrive back into Cambodia till 9 November 2019:
News Coverage of Trial Hearing, Thanksgiving Day, 26 Nov. 2020
(L) Interviews with press before heading into court. (R) Thank you so much to the extremely brave ladies who sheltered me with their own hats and kramas during interviews after court hearing. សូម ថ្លែងអំណរគុណ យ៉ាងជ្រាលជ្រៅ ចំពោះ នារីក្លាហានបំផុត ដែលបានផ្តល់ ទីជំរក ឱ្យខ្ញុំ ជាមួយមួក និងក្រមា របស់ ពួកគាត់។
(L) Lengthy video, entering court accompanied by teacher-friend; (R) Short RFA video clip
More coverage and updates here...
បច្ចុប្បន្នភាព, ២៧ វិច្ឆិកា ២០២០ Back at home in Kien Svay, sending a brief midnight message to assure Cambodians that I am not going anywhere, that I will NOT be leaving Cambodia during the holiday season of Christmas and New Year for France or the US, even if I have not been there for these treasured times of celebration in cold weather with family for a few years now, as I fear not being able to return to attend "trial" should I depart the country. Immediately after I posted this video, the next day, security issues (see below) arose.
Security Concerns
Today, a man fully masked in a checkered shirt on a motorbike rode past my home in the morning and then again the afternoon, each time going back and forth several times in front of my home, studying it, at one point stopping in front to talk on the telephone. He is not from this village and no one has ever seen him before in this area. We won a substantial victory on Thursday, and immediately I told my lawyers, the embassy and others in need to know as well as in public interviews, that this regime will strike back with violence. It’s a cycle we’ve seen before. I pose an even more substantial risk for it now in terms of symbolism for Cambodians inside the country. This regime will want to nip in the bud any potential mass uprising. Because it is cowardly, it resorts to violence, and "traffic accident" is its most effective and popular mode of dealing with individuals like me with rising popularity inside the country. - Theary, FB, 28 Nov. 2020
I’ve lived my life here in Cambodia without the protection of the police, without the protection of the court system. To the contrary, I’ve lived my life with these security and legal apparatuses in wait for an opportunity to do me harm. I’ve also lived my life here with utmost transparency: foregoing privacy of communication, of general relationships, of intimacy, etc. My phone is listened to, my email hacked, my social media monitored. Only half of the mail, packages sent me reached me. These intrusive security cameras all over and inside my house is an another level of intrusion of the life I live. My relatives have access to monitor these cameras. And I will give access also to my lawyers, the US Embassy. Thank you to my aunts and uncles in California who paid to have these security cameras installed.
Right to Lawyer, Right to Self-Represent At the Thanksgiving Day hearing, the presiding judge acknowledges and permits my request to self-represent as long as I attend all the court hearings; he informed me to obtain the case file which I did on Tuesday, 1 December 2020.
The Cambodian Bar Association issued this statement dated yesterday, 24 November 2020, appointing 6 pro bono lawyers for those summoned to the court hearing on charges of treason and incitement scheduled for tomorrow morning (Nov. 26). I need to study the language a bit closer but I believe it includes me even though I have stated repeatedly in interviews and video clips publicly broadcasted widely inside and outside Cambodia that I will represent myself and do not need a lawyer. I have made an arrangement to have a Khmer lawyer effective immediately at the moment of my arrest. Not prior. - FB 25 Nov. 2020
The CNRP leaders will return to Cambodia on January 4 to attend trial scheduled for 14 January 2021. I look forward to welcoming them and standing side-by-side at our "court hearing" on bogus charges of treason and incitement. As you can see, I dress for theatre not for court in my 4-inch stilettos. And will do so again.
Political Prisoners 2020
There were two political prisoners who were hurled into court for the hearing this past Thanksgiving Thursday (Nov. 26). I sat to Mr. HENG Chan Sothy’s (bottom, 3rd from left) immediate right behind the horseshoe facing the 3-panel judges. It is his 2nd tour of prison solely for being an active supporter of the banned CNRP. After he was released from prison the first time, masked thugs (the notorious "Third Hands") came and smashed his head from behind. He thinks he is in prison this time because he had joined a Zoom call with CNRP leaders, but it’s only a guess in a proceeding mired in gross procedural violations that should see all charges dropped and dismissed as a matter of fact and law. I asked him to describe prison conditions to me: he is detained with 22 others in a room measuring 4m x 5m; everyone sleeps on the cement floor with no blanket or pillow; each share the one 2m x 2m washroom where toilet, shower, dishwashing happens. Upon entering prison, each prisoner is given a bowl and a spoon; food is mainly fish and vegetables filled with chemicals. Each day, a prisoner is given 2 bowls of "clean water" for drinking and washing, otherwise there’s the water pumped from the nearby pond. Each prisoner is given 2 outside breaks: in the morning for 1.5 hrs, another hour in late afternoon. During this time, they can socialize with other prisoners from other cells or visit the prison library. I recently read Paul’s letter to new Christians in the city of Philippi written from prison, a glorious letter of Thanksgiving, how gratefulness is a safeguard for us whatever the circumstances. Like Paul on a much, much smaller scale, I’ve learned to be content whatever the circumstances. Should I be in prison, I will sing and hold English and/or basic law course.
My name "Seng Chan Theary" is listed at no. 31 and it says that the summons was issued on 10 October 2020 by Phnom Penh prosecutors. This is a Facebook post dated Tuesday, 3 Nov. 2020 by "7 Makara [January] Youth", January 7 being the date this Hun Sen regime and its Big Brother (one of the 2 anyway) hailed as "Liberation Day" celebrated with great fanfare each year. ទណ្ឌិត សម រង្ស៉ី និងបក្ខពួកជាច្រើននាក់ ត្រូវតុលាការបង្គាប់ឲ្យចូលខ្លួនក្នុងសវនាការ ដើម្បីជំនុំជម្រះទោសរឿងរួមគំនិតក្បត់ជាតិ និង «ញុះញង់ឲ្យប្រព្រឹត្តបទល្មើសជាអាទិ៍» ប្រព្រឹត្តនៅប្រទេសកម្ពុជា, សមត្ថកិច្ចយកដីកាទៅបិទនៅអតីតស្នាក់ការគណបក្សសង្រ្គោះជាតិ ដីកាកោះចូលសវនាការមានចំនួន១៤នាក់ និង៤៧នាក់ទៀត នឹងបញ្ជូនទៅដល់ដៃ ឬដល់គេហដ្ឋានផ្ទាល់ ក្នុងនោះរួមមានតាមបណ្ដាខេត្តចំនួន៨ ដូចជាខេត្តកណ្ដាល, កំពង់ចាម, ព្រះសីហនុ, បាត់ដំបង, ព្រៃវែង, បន្ទាយមានជ័យ, តាកែវ និងខេត្តកំពង់ស្ពឺ ហើយមានអ្នកខ្លះកំពុងតែរស់នៅប្រទេសថៃ, ប្រទេសកាណាដា, សហរដ្ឋអាមេរិក, កូរ៉េ និងជប៉ុន ដែលសមត្ថកិច្ចជំនាញ នឹងធ្វើការផ្សព្វផ្សាយតាមបណ្ដាញសារព័ត៌មាន ចាត់ទុកជាការផ្សព្វផ្សាយ ជូនដំណឹងដល់សាម៉ីខ្លួន។ [My translation: Convict Sam Rainsy and many of his factions have been ordered by the court to appear at a hearing in person in order to try them for conspiracy to commit treason and "incitement to commit crimes" perpetrated in Cambodia. The authority posted the summons at the former headquarters of the Cambodian National Rescue Party. The summons to appear are for 14 individuals and another 47 individuals, delivered into their hands or at their personal residence, including 8 provinces (Kampong Cham, Preah Sihanouk, Battambang, Prey Veng, Banteay Meanchey, Takeo, and Kampong Speu). And for those living in Thailand, Canada, the US, Korea, and Japan, the competent authority will broadcast via media which will be considered sufficient as having reached the relevant individuals.] This is the Phnom Penh posting of court summons for me, among 47 other individuals, including Sam Rainsy. It was only yesterday (Friday, 6 Nov. 2020) evening that I came to know of this summons to appear before the Phnom Penh Municipal Court on Thanksgiving Day, 26 November 2020. In the mid-afternoon yesterday Friday, 6 November 2020, someone called my relative, identifying himself as the Kirirom police [in Kampong Speu province where my national ID card is registered] that a court warrant has been issued for me, Seng Chan Theary, and that he will send my relative a copy of this court warrant later that day; no copy or original was sent of this "warrant" for me that Friday. However, this Saturday morning only this one sheet piece of paper was seen posted at Kirirom, Kampong Speu where I used to live.
CORRECTION: NOTHING, not even fingerprint as initially thought, was on the back side of the one-page summons! The "fingerprint" was water mark, once dried, disappeared. What I’m sending is the same back side of the ONLY one page summons. NOTHING ELSE. Three police officers all in uniform delivered this one-page summons on Saturday, 7 Nov. 2020, took a photo of the handing over to the male adult worker at my relative’s orchard and left. (updated 24 Nov. 2020)
[My translation, summons in full, the only notice I've received on this serious matter, with only 20 days to prepare for the court hearing that will most likely convict and sentence me to long years of imprisonment: COURT SUMMONS We, Seng Heang, deputy prosecutor of the Office of Prosecution at the Phnom Penh Municipal Court [PPMC]: -having seen Art. 294* and other related articles of the Criminal Procedural Code (2007); -having seen criminal case no. 2005 issued on 2 July 2019 of the PPMC Office of Prosecution; -having seen case no. 5054 issued on 28 September 2020 of the PPMC; -having seen the decision order to hold a hearing no. 565 issued on 26 September 2020 by the investigating judge of the PPMC charging named person, Seng Chan Theary, with "conspiracy to commit treason and incitement to create social disorder" perpetrated in Cambodia and elsewhere within the year 2019, crimes set out in articles 453**, 494***, and 495**** of the Criminal Code in the Kingdom of Cambodia. DECIDED: order Seng Chan Theary... to appear for a hearing at PPMC at 8:30 a.m. on 26 Nov. 2020. Level 1, hearing room 1 3 JUDGES: Presiding Judge Ros Piseth, Judge Im Vannak, PROSECUTOR: Mr. Seng Heang CHIEF CLERK *Article 294. Summons of Parties to a Hearing by Referral Order or Referral judgment ... The summons to attend the hearing shall be made according to the provisions as provided for in Title 2, Book 7 [p. 135, arts. 465, 470, 474] of this Code. A copy of the investigating judge's referral order or the Investigation Chamber's referral judgment shall be attached to the summons when they are delivered to the accused person. **Article 453: Conspiracy Any scheme set up between several persons to commit a criminal attempt, and this scheme was materialized by one or several concrete actions, constitutes a conspiracy. Conspiracy is punishable by an imprisonment from 5 (five) years to 10 (ten) years. The offence is punishable by an imprisonment from 10 (ten) years to 20 (twenty) years when it is committed by civil servants. SECTION 3 INCITEMENT (Provocation) TO COMMIT OFFENSES ***Article 494: Existence of incitement / Conditions for Existence of Provocation. For the purpose of enforcement of the present Chapter, the provocation is punishable when it is committed:1.by speeches, of any kind whatsoever, pronounced in a public place or in any public meeting;2.by writing or sketches, of any kind whatsoever, distributed in public or exposed to the sights of the public;3.by any means of audio-visual communications for the public. ****Article 495: Incitement to commit felony / Provocation to Commit Crimes The act of direct provocation aimed at committing a felony by one of the means specified in Article 503 (Conditions for Existence of Provocation) is punishable by an imprisonment from 6 (six) months to 2 (two) years and a fine from 1,000,000 (one million) Riels to 4,000,000 (four million) Riels, if the provocation produced no effect. Despite the fact that it's Thanksgiving Day, I will APPEAR AND REPRESENT MYSELF. I am learning (better than before), that in ALL CIRCUMSTANCES, give thanks, which I do and will do. Because in the midst of THANKSGIVING and FORGIVING, grace abounds. I love the book of ACTS (which I have translated/punctuated into accessible, comprehensible Khmer); of the many lessons I draw from it are: the mysterious way of the divine to accomplish what he wants done and Paul's full confidence in God's complete goodness, which we take great comfort in, in hindsight, 2020 years later, for those with "eyes to see" and "ears to hear". In this light, I am not, nor have been since returning to live and work in Cambodia in 1995, afraid of prison. It's not because I don't know the conditions of prison: in 1997, I visited inside each and every one of Cambodia's 24 prisons to access the conditions of juveniles detained there (as convicts or innocent children of convicts). Moreover, I have been a child prisoner under the Khmer Rouge. I see this court summons or "warrant" as an act of intimidation vis-a-vis me. This Hun Sen regime knows I am not afraid to go to jail or afraid of having my property ripped off (as I have none; I have been renting since 1995; I could have been a millionaire many times over in simple real estate transactions but I prize more the ability to speak truth to power) -- in this regard, I am the most free and most independent person in the country -- and my life is in God's hand not theirs. This I know they know in their own way; they do not want to give me a political platform or publicity; even in this list of names, I am at no. 31 or something like that (I've yet to read it seriously). But remember, this is the regime (i) who kept changing the NEC law, when I was slated to be the CNRP appointee, in response to my public posts, that at the end, they made it a law that no dual nationality (I hold both US and Cambodian citizenship) can be an election commissioner to block my political appointment, in stark contravention of the then Constitution in effect; (ii) they used to parody me, make fun of my accent on TVK (Cambodia's national television) among the many other stations they own by never naming me but even the cyclo- and moto- drivers knew they were referring to me because they were the ones who told me (I do not have the patience or time to watch such sap at best, rubbish at worst); (iii) they have 70+ known agents monitoring my Facebook feed, as confirmed some months back to me; (iv) they rewrote the current "Constitution" by responding to my published commentary How is the National Assembly Formed? point by point, etc. But they think they can intimidate me now because there is effectively no human rights civil society, no free press and no opposition party or leader in the country. Sam Rainsy needs to be alive; as of today, there is, unfortunately, no other leader like him for Cambodia; we need him to stay alive, even if it means outside the country. Thun Saray of Adhoc has been outside Cambodia in Canada for almost the past decade; Kek Galabru, once a supporter of Hun Sen when her then French husband diplomat in the 1980s helped to bring Hun Sen and Sihanouk together; Rong Chhun has been in jail for some months now; CCHR is toothless; etc. In their cowardice calculation, I pose more risks to them than other low lying fruits, Cambodians without another nationality, without English skills, without a network inside or outside Cambodia, without experience of encountering them, etc. Either way, I am ready. But I know they know me well. When I first came into the public attention internationally and in Cambodia in 2005 because of the launch of my memoir and because of the fact that I am an American-trained lawyer with New York bar membership (the first of Cambodian descent to pass the NY bar)--before joining the human rights/civil society--my presence in Cambodia already attracted government attention. I didn't realize then but only in hindsight, but I remember receiving a phone call in 2005 from someone who wants to work with me and share with me troves of Social Security info (and possibly other private info) that he obtained in the millions. Needless to say, it was a short conversation, in telling him in strongest terms that I am not interested. Btw, 7 Makara, thanks for using commas! However, you need work on word spacing and truth-telling, though. - Saturday, 7 Nov. 2020 (updated Monday, 9 Nov. 2020)
An hour after I heard that court summons has been issued for me (Friday, 6 Nov. 2020)
Please, meet my lawyers.
Superstar Legal Representation: CHECK Angels in disguise. Jared Genser and his team are representing me pro bono in the treason and incitement court case against me. Jared is a friend from the University of Michigan Law School. We were officers of the International Law Society. Michigan is going to make a big splash in Cambodia—go Blue! I’m updating as much I can publicly the case against me in Hun Sen’s Kangaroo Court here. Should anything happen to me, Jared and his team have password access to my website and social media feed.
Associated Press | 14 November 2020 PHNOM PENH, Cambodia — Cambodia’s government has targeted about 50 people in its most concerted legal offensive against its political opponents since 2017, according to copies of court summonses seen Friday. They all were charged with treason for taking part in nonviolent anti-government activities over the past three years. One of the best known of the group is Theary Seng, a Cambodian-American lawyer who has long been one of the most outspoken critics of Prime Minister Hun Sen and his government. According to a summons she posted Friday on her Facebook page, she is to appear at the Phnom Penh Municipal Court on Nov. 26 to stand trial for conspiracy to commit treason and incitement to commit a felony. If convicted, she could face up to 12 years in prison. [...] Theary Seng has accused Hun Sen’s government of abusing human rights and being undemocratic. Hun Sen has been in power for 35 years and has often been accused of heading an authoritarian regime. Several Western nations have imposed sanctions on his government, mainly after concluding that Cambodia’s 2018 general election was neither free nor fair. The harshest measure came from the European Union, which this year withdrew some preferential trading privileges. In 2017, Hun Sen upended the country’s politics with a wide-ranging crackdown on his opponents. Virtually all critical media outlets were forced to close or tone down their coverage, and the sole credible opposition political party, the Cambodia National Rescue Party, was forced by the high court to disband and its lawmakers were removed from Parliament. Many people believe the court acted to ensure that Hun Sen’s Cambodian People’s Party won the 2018 general election, which it did by sweeping all the seats. Theary Seng, who currently resides in Cambodia, said she is not an official of the dissolved opposition party, but “vocal, strong, public supporter of its policy and leadership.” “Needless to say, the charges against them are completely bogus as well,” she added. She described the charges against her as ”trumped-up by this Hun Sen regime in its attempt to intimidate and silence me. They would be laughable if not for the prison term that could, and most likely would, see me languishing inside Cambodia’s notorious prisons for decades.” “Without a doubt, I am determined to appear, I WILL APPEAR in person in court on Thursday, 26 November 2020. I will appear and represent myself for the court hearing,” she wrote in an email to The Associated Press. She said that a well-known international human rights lawyer, Jared Genser — an American who she said had been her classmate in law school — has agreed to represent her, but it was doubtful he would be able to attend court sessions, due to COVID-19 travel restrictions or the possibility of being banned from entering Cambodia.
Excerpts University of Michigan Law School alum Theary Seng cut her hair live on Radio Free Asia this past Thursday. It was not for fashion but convenience: should she go to jail the next week, she wanted to be prepared to deal with lice.... According to Jared Genser, a fellow Michigan Law alum who has worked with political dissidents, this is a violation of both Cambodian and international law. Genser is representing Seng pro bono. “What’s happening to Theary is, unfortunately, part of a much bigger pattern and practice of repression of human rights in Cambodia,” he said. Seng’s former Michigan Law classmate Glenn Kaminsky organized a GoFundMe to pay for her legal expenses. They have crowdfunded a little under $13,000 as of Monday afternoon.... Public Policy professor John Ciorciari, an expert on international law who worked on memory and justice efforts in Cambodia, praised Seng’s advocacy. “Everyone in the sector knows Theary,” Ciorciari said. “She’s a very vocal opponent of the government, and has been courageous in criticizing the government even during these last several years when criticizing the government has been a particularly risky proposition.” អាន ជាភាសា ខ្មែរ
RFA Khmer: "Miss Seng Theary cuts her own hair to show she is prepared to go to prison"
If you airbrush the wrinkles out, I can be a member of this K-Pop; we already share the same lipgloss shade and pouty lips. Otherwise, back to Peter Pan.
VOA Khmer | 24 Nov. 2020
PHNOM PENH – Rights advocate and lawyer Seng Chan Theary recollects how it was political and ideological differences that got her parents killed by the Khmer Rouge in Svay Rieng province in the 1970s. Now, she believes her political affiliation to the Cambodia National Rescue Party is the reason she is one of close to 140 people invited to attend trial hearings scheduled to begin Thursday about allegations of incitement and conspiracy to topple the government. “This is what I think,” Seng Theary, 50, told VOA Khmer from her home in Kandal province’s Kien Svay district. “I am not sure what I did as I am in the dark about the details of the cases where I am charged.” The Phnom Penh Municipal Court has summoned at least 138 people to attend trial hearings starting Nov. 26, over a variety of charges. The defendants, who include senior party leaders, supporters and former CNRP officials, face at least one of the following charges: incitement, attack against the government and conspiracy to topple the government. At least 58 officials, many of whom are exiled overseas, have been summoned to attend the first hearing on Thursday, including Seng Theary. The Cambodian-American activist, who used to lead the Center for Social Development in Phnom Penh, said she was unware of the exact reasons for the charges but assumes it is linked to her support of the “nine-finger campaign.” The campaign was launched in September 2019 to support the return of exiled opposition leader Sam Rainsy in November last year. His attempted return was unsuccessful in part due to travel bans enforced by the Cambodian government. Seng Theary supported the campaign by posting a photo of herself holding up nine fingers on social media. “I did join the nine-finger campaign last year, which was a worldwide campaign, that I did join both in the country and during my participation in a conference in Norway,” she said. “I never denied that as I am a supporter for Cambodia National Rescue Party in my private capacity in which there is no secret about that.” The CNRP was dissolved by court order in 2017 for allegedly attempting to mount a color revolution against the government and 118 of its senior officials banned from politics. Seng Theary said the trial hearing was an attempt to quell any remaining dissent in the country and to “destroy democracy.” Phnom Penh Municipal Court spokesperson Y Rin said all 140 defendants are required to attend the trials in person starting Thursday. He dismissed accusations from Seng Theary that it was procedurally irregular for her to have only 20 days to prepare for the trial. “This is her point of view, but it is important that they show up at the court on the day [of trial] and show the truth,” Y Rin told VOA Khmer. “Whatever they say, let them tell the judges during the trial sessions.” [...] Seng Theary said she is expecting the worst and has prepared for the possibility of a conviction and prison sentence. “I actually prepared myself for prison. After I received the warrant, I cut my hair short, really short, to combat lice while living in prison just in case they do not have enough shampoo for me,” she said.
Many have been wondering why now? Particularly, why Theary now? The answer is ASEM. 1. The ASEM Process is considered by the 53 nations (Partners) involved to be a way of deepening the relations between Asia and Europe at all levels. The process is enhanced by the biennial meetings of Heads of State and Government, alternately in Asia and Europe, and biennial meetings of Foreign Ministers as well as other Ministerial Meetings, and other political, economic, and socio-cultural events at various levels. 2. Cambodia is the chair of ASEM and ASEF this year and was scheduled to host 53 Heads of State and Foreign Ministers this 16-17 November 2020 in Phnom Penh where images of Hun Sen as host greeting these leaders and these leaders greeting the host warmly as protocol dictates—rather than the normal image of Hun Sen as a sullen participant sitting alone or ignored by other world leaders—would have flashed around the world on national televisions of participating states and of course replayed numbingly here in Cambodia by all the TV and radio stations controlled by this regime. 3. The court summons for me on charges of treason and incitement for Thanksgiving Day, Nov. 26, would have been forgotten by Thanksgiving national holiday preparation in the US but also completely overshadowed and lost in the ASEM afterglow of self-congratulatory highs for this regime. 4. And the above in the light of the regime’s perception of my vulnerability: (i) I no longer have the broad and powerful institutional platform of prior years when I was averaging 15 interviews per week continuously for 3 years; (ii) the crackdown of the past few years where the regime dissolved the only opposition party with elected MPs; banned opposition from doing politics, sending them into exile and preventing their return; attacked and shut down independent media, eg, Cambodia Daily, RFA; completely silenced human rights civil society via arrests, murders, court summons to force them hide and flee; arrests, murders of union leaders who could mass mobilize; (iii) I’m financially poor which they know and isolated, focusing more on the Khmer language and less on human rights and democracy issues; etc. All to say, I am one of the few last remnants of outspoken voices left inside the country and the opportunity presented itself for this calculating regime, to put the final nail to the coffin of democracy. Saving the best for last, as they say!
These are shackles I picked up at the Boeung Rai prison where my brothers and I were imprisoned with my mom. They could be the exact shackles the prison guards tried to chain me down as a malnourished 7-year child but unsuccessfully as my skin-n-bone ankles could slip in and out of them. Unfortunately, given my freedom, my job was to bring the bucket to other shackled prisoners to use as toilet during the night. 43 years later, I face prison again. And again, under Hun Sen. In 1978, Hun Sen was a Khmer Rouge military commander in the Eastern Zone where I was imprisoned. It is unthinkable that I should back down from facing these bogus charges when so many others have bravely stepped forward with less resources and means than me to face jail. It pains me to read from a couple of people who should know me better that it’s for martyrdom, the charge this regime has accused me over the years to deflect from the seriousness of its crimes against its own people. - FB 19 Nov. 2020
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