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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Thursday, February 4 Hearing
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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January 22 is the anniversary of the cold-blood murder in broad-daylight of labor union leader Chea Vichea, a friend and colleague.
Leader of Cambodia National Rescue Party (CNRP) Sam Rainsy (front R) and president of the Free Trade Union of Cambodia Chea Mony (center L) march during the 10th anniversary of the death of labour leader Chea Vichea, in Phnom Penh. (AFP/Tang Chhin Sothy) [Description of AFP photo] One day before Chea Mony (brother of slain union leader Vichea) and I led this remembrance march--Sam Rainsy and CNRP joined us along the way before we reached the statue--the Hun Sen government had just arrested 11 more activists for marching to demand the release of 23 other detained activists and banned ALL demonstration or any gathering with more than 9 people. I knew instinctively we needed to challenge the ban immediately before it could settle and it was divine providence that we were given the right occasion in the anniversary of Chea Vichea's murder and that his brother Mony, who had sacrificed so much already, was full of courage and willing to confront the security forces and the CPP thugs with me. មើលតិចជាងមុន
ថ្ងៃ ២២ មករា ២០២១ នេះ គឺ ជាខួប ១៧ឆ្នាំ នៃការបាញ់សម្លាប់ លោក ជា វិជ្ជា ប្រធាន សហជីព កម្មករ ដ៏ល្បីល្បាញ ជាងគេ កាលពីថ្ងៃ ២២ មករា ២០០៤។ សូម ទស្សនា ខ្សែភាពយន្ត ដែលមាន ចំណងជើង "អ្នកណា សម្លាប់ ជា វិជ្ជា?" រឿងនេះ ឆ្លុះបញ្ចាំង វប្បធម៍ហិង្សា និងនិទណ្ឌភាព នៅប្រទេស កម្ពុជា។ Today marks the 17th anniversary of the assassination of prominent union leader Chea Vichea on 22 January 2004. Please watch the film "The Plastic Killers / Who killed Chea Vichea?" The story reflects the culture of violence and impunity prevailing in Cambodia. More here.
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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.
US Rep. Lori Trahan was my classmate at Georgetown in the School of Foreign Service, 1991-95. It was an intimate small student body of only some 200 students or so, smaller than the student body of many high schools. សេចក្ដីថ្លែងការណ៍ របស់ សមាជិក សភា អាមេរិក ទាក់ទង ទៅនឹងការរំលោភ អំណាច ការរារាំង ថ្នាក់ដឹកនាំ គណបក្សសង្គ្រោះជាតិ
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.
Intimidation, again.
A-ha!! I just had the most interesting and encouraging conversation. The security alert below wasn’t a CPP threat, it was an excited CNRP district official, now an ice-cream seller, who through the grapevine found out that I’m living near his district and made his way to my village to wish me well in person! There’s a bit of a buzz after each appearance I made to support the Friday Women and this man just wanted to meet me to offer his encouragement and well-wishes in person! - Theary, Facebook post, 20 February 2021 Scroll down for more.
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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Magnitsky Act Inspiring Europe and Australia
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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).
No wonder Mr. Hun is so confused! We’ve been blaming the poor man when it should’ve been Mssrs. Page and Brin...
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.
Covid Cover-up
But let us not forget that violence does not and cannot exist by itself: It is invariably intertwined with the lie. They are linked in the most intimate, most organic and profound fashion: Violence cannot conceal itself behind anything except lies, and lies have nothing to maintain them save violence. Anyone who has once proclaimed violence as his method must inexorably choose the lie as his principle. At birth, violence acts openly and even takes pride in itself. But as soon as it gains strength and becomes firmly established, it begins to sense the air around it growing thinner; it can no longer exist without veiling itself in a mist of lies, without concealing itself behind the sugary words of falsehood. No longer does violence always and necessarily lunge straight for your throat; more often than not it demands of its subjects only that they pledge allegiance to lies, that they participate in falsehood. The simple act of an ordinary brave man is not to participate in lies, not to support false actions!
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
Chinese Prince
Christmas Day Trial for Lese-Majeste
OUCH Leng deserves to be a recipient of the Earthshot Prize
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A coffee run before court peaceful protest. I am running out of red outfits to wear...to stand out, in case I’m bundled up surreptitiously and thrown into a waiting black van by this black regime, you know, what you see in the movies... but non-fiction is way more interesting than any Hollywood fiction in the Wonder Kingdoom. I learned a new skill this past Thursday: live-streaming! (I wonder how this gets translated... hopefully not like “mainstreaming”—"crossing the Mekong”!, which I do often when I need to get into Phnom Penh these days.)
