My TREASON & INCITEMENT MASS TRIAL

TUESDAY, 4 JANUARY 2022

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.

PHNOM PENH, Cambodia (AP) — Cambodian security forces on Tuesday briefly detained a Cambodian-American lawyer who is a prominent rights activist as she walked barefoot near the prime minister’s residence in Phnom Penh, wearing a prison-style orange outfit and Khmer Rouge-era ankle shackles.

Theary Seng was on her way to a court hearing and was livestreaming her progress via social media when a number of uniformed men surrounded her and blocked her way.

Journalists at the scene say security forces then put her into a car and took her away.

She was released, shortly afterwards, and arrived at Phnom Penh Municipal Court for the resumption of her trial on treason charges. She was still wearing the orange outfit, but court officials asked her to remove the ankle shackles.

Theary Seng is an outspoken critic of Prime Minister Hun Sen who has been in power for 36 years and has kept a tight leash on all political activity in the country.

The Cambodian-American lawyer has previously used clothing to make symbolic points, during the current legal proceedings against her. On Dec. 7, she attended court dressed as a classical Cambodian Apsara dancer, telling reporters she was expressing her belief that the trial was “political theatre”. Theary Seng lived through the brutal Khmer Rouge era as a child, during which she lost both her parents. She left for America where she qualified as a lawyer, then returned to Cambodia in 1995.

She did not immediately clarify the reasons for her physical appearance on Tuesday, but the use of the ankle shackles is likely a reference both to the repression of the Pol Pot period and to current Prime Minister Hun Sen’s past as a mid-level Khmer Rouge commander.

“I’m wearing shackles from my childhood prison during the Khmer Rouge. During the Khmer Rouge, I was detained as a child with my mom, with my four brothers,” she told The Associated Press before she was detained. “These are not the exact shackles that I wore, possibly, but they’re from the prison where I was detained and it’s the shackles from that era.”

At least 1.7 million Cambodians are estimated to have died under the brutal rule of the ultra-Maoist movement during its almost four-year rule, from April 1975 to January 1979.

Theary Seng is facing charges of conspiracy to commit treason and incitement to commit a felony, which together carry a maximum jail sentence of 12 years. They arise from a failed attempt by leading opposition figure Sam Rainsy to return to Cambodia in November 2019, after a period of self-exile. Cambodian authorities allege Theary Seng was involved in the trip’s organization. She says she has no political affiliation.

44 other people are being tried on the same charges, but last month a judge ordered Theary Seng’s trial split off from the others.

The trial, which had been suspended since November 2020, is just a small part of a crackdown that began in 2017 when the country’s high court ordered the Cambodia National Rescue Party dissolved. It is widely believed the action was taken to help ensure that Prime Minister Hun Sen’s Cambodian People’s Party would win the 2018 general election.

Hun Sen says he intends to stay in office until 2028. Last December, he endorsed one of his sons to be his successor.

AP/Heng Sinith photos accompanying the article

Live interview with RFA evening of arrest, 4 January 2022.

Public Monitoring

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, 28 DECEMBER 2021

នៅថ្ងៃអង្គារ ទី ២៨ ខែធ្នូ ឆ្នាំ ២០២១ ខ្ញុំនឹងបង្ហាញខ្លួនតែម្នាក់ឯងនៅក្នុង «តុលាការ» ឬល្ខោននយោបាយរបស់របបនេះ របបនេះ ចង់ដាក់ខ្ញុំ ឱ្យនៅឯកោ ក្នុងការបំបែកខ្ញុំ ទៅជាក្រុមដោយ​ខ្លួន​ឯង, 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 ការ​បន្ត​គាំទ្រ ​ដោយចិត្តគំនិត, ដោយថវិកា, ដោយប៊ួងស៊ួង។ ការគាំទ្រ របស់ បងប្អូន មានឥទ្ធិពល ដោយផ្ទាល់ និងភ្លាមៗ—ការសង្គ្រោះជីវិតខ្ញុំ និងការលើកទឹកចិត្ត យ៉ាងខ្លាំង ដល់បុគ្គល ជាប់ចោទ ផ្នែកនយោបាយ ផ្សេងទៀត, ពិត​ ជា​ចំពោះ​ ប្រជាជន​កម្ពុជា​ ទាំង​អស់​ ជា​ទូទៅ។ សូម ថ្លែងអំណរគុណ យ៉ាងជ្រាលជ្រៅ ចំពោះ ហ្គលិន (Glenn) ដែលជាមិត្ត សាលាច្បាប់ ផ្ដែលបានបង្កើត និងគ្រប់គ្រង មូលនិធិ គាំទ្រ ផ្នែកច្បាប់។ យើង ស្នើសុំ ការបរិច្ចាគ មួយជុំទៀត ដល់មូលនិធិ គាំទ្រ ផ្នែកច្បាប់នេះ, ជា​ពិសេស ពេលណា ​ខ្ញុំ ​​ត្រូវ​បាន​ឃុំ​ខ្លួន, ហើយ ភ្លាមៗ ត្រូវទាមទារតំណាង មេធាវី ក្នុងស្រុក។ (កិច្ចព្រមព្រៀង ជួលមេធាវី ត្រូវបាន ចុះហត្ថលេខា រួចហើយ។)

Thank you so much, Lawyers' Rights Watch Canada! Particularly, Prof. Catherine Morris!