Request for Advocacy for Theary Seng and 138 Other Defendants
To:
Co-Chairs of Congressional Cambodia Caucus
Representative Steve Chabot
Representative Alan Lowenthal
Room 108 CHOB - Cannon House Office Building
25 Independence Avenue, SE Washington, DC 20515
To:
Representative James P. McGovern
370 Cannon House Office Building, Washington, DC 20515
From:
Member of the Khmer Community
[Your name]
[Email information]
Dear Co-Chairs of Congressional Cambodia Caucus,
We kindly request your attention and support in this crucial matter for our Khmer community.
We want to bring to your attention the case of Cambodian-American human rights lawyer Theary Seng and 138 mass criminal trial defendants who have become victims of human rights abuse. We, the undersigned, are groups of individuals and organizations that advocate for human rights and democracy for Cambodia worldwide. We represent a diverse network of individuals with the common goal of promoting freedom, democracy, and rule of law for all.
We, the undersigned members of the Khmer community and its support groups worldwide, by joining together and signing this letter, petition for your help on behalf of Theary Seng and hereby protest her conviction and incarceration on 14 June by a Phnom Penh Criminal Court on committing presumed acts of conspiracy to commit treason and incite social disorder.
The sentencing was based on no more evidence than social media postings expressing her free speech rights criticizing the actions of the Hun Sen government. Therefore, being prosecuted and imprisoned for exercising protected free speech rights directly violates Human Rights Laws.
The trial was conducted in violation of numerous rules of law and due process protections, demonstrating that the purpose of the prosecutions was politically motivated, directed by the Hun Sen government, and carried out without providing the defendants any information about what crimes they were charged with.
There was another set of irregularities that Theary Seng pointed out a few days prior to the trial:
She explained that the court hearing the case would not be acting on an independent basis. It would be motivated and controlled by the Hun Sen government who had come with a pre-determined verdict for political reasons;
These criminal prosecutions were being carried out on a discriminatory basis. They specifically targeted one hundred thirty-nine Defendants, including Theary Seng, because of their political views and affiliations;
The alleged "violations of law" involved the exercise of protected human rights-related activities, especially freedom of expression and association;
The prosecutions and convictions were based on vaguely worded statutes that authorize criminalization of almost any actions that the government does not like and wants to suppress;
Basic due process protections were grossly violated in the proceedings. Defendants were not properly informed of the case against them in advance, so they could not develop and present a reasonable defense. Facts and evidence supporting the purported charges were never presented. They were denied adequate and effective legal counsel. Evidence in support of the defendants was not heard. These are just a few of the due process and rule of law violations that Theary Seng will be bringing to our attention in her testimony.
As the United Nations Human Rights Committee noted at their hearing on Cambodia just a few months ago on March 9-11, the Hun Sen government has "hijacked and weaponized" its criminal justice system and law enforcement system by eliminating the political opposition and severely restricting civil society activities and human rights.
The legality of the Mass Criminal Trial and other repressive policies and practices must be challenged. Therefore, the Khmer community is mobilized to shed light on the illegality of these actions, force the Hun Sen government to release Theary Seng, and end the mock criminal prosecutions now taking place, preventing the Khmer community from expressing their views.
Due to the severity of this situation, we urgently request that the Congressional Cambodia Caucus help advocate by asking the Tom Lantos Human Rights Commission to place Theary Seng along with the 138 prisoners of conscience in the Defending Freedoms Project, set forth a briefing on the Mass Criminal Trials and a briefing on the Rule of Law and Free and Fair Elections in Cambodia as soon as possible.
We have attached a summary concerning the specific case of Theary Seng. We thank you for your attention and consideration on this matter. We look forward to hearing from you.
Sincerely,
Signatory Civil Society Organizations
Cambodia Border Institute (CBI), USA
Ah Nah Podcast - Conversation with Myanmar, USA
Association 23 Octobre 1991, France
Association Conscience du Peuple Khmer, France
Association Le Lotus Khmer, France
Association TEP NIMITH, France
Cambodia’s Border Committee (CFC-CBC), France
Cambodian fellowship CRC, Canada
Cambodia National Rescue Party, USA
Cambodia Women Health Organization (CWHO), USA
Cambodian Alliance for the Paris Peace Agreements on Cambodia (CAPPAC), Global
Cambodian Americans for Human Rights and Democracy (CAHRAD), USA
Cambodian Americans and Friends for Democracy and Human Rights Advocate (CAFDHRA), USA
Cambodian Association of Illinois (CAI), USA
Cambodian Association of Victoria (CAV), Australia
Cambodian Australian Federation (CAF), Australia
Coalition of Allied Vietnam War Veterans (CAVWV), USA
Cambodian Center for Independent Media (CCIM), Cambodia
Committee for Paris Peace Accords on Cambodia - Minnesota (CPPAC-MN), USA
Committee Representing Pyidaungsu Hluttaw funding, Ireland
Connect the geek village, USA
Democracy Supporters Association (DSA), USA
Dharmiq Institute of Technology (DIT), USA
Free Seng Theary, Cambodia
Foundation of Khmer Samaki (FKS), USA
Justice For Cambodia Committee, Europe
Kampuchean Association of Olympia (KAO), USA
Khmer Alliance Foundation (KAF), USA
Khmer America Institution foundation (KAIF), USA
Khmer Association of Hampton Road Virginia (KAHRV), USA
Khmer Krom Youth Development Center, Canada
Khmer People Network for Cambodia (KPNC), USA
Khmer Post, USA
Khmer Thavrak, Cambodia
Khmer Unity for Cambodia (KUC), USA
Khmer Veterans Freedom Fighters Association (KVFFA), USA
LA2M Los Angeles Myanmar Movement, USA
Ligue Cambodgienne des Droits de l’Homme et du Citoyen (LCDHC), France
Lao Nation/Study and Research Center on Laos and Asia, USA
Me Boun Foundation (MBF), USA
NUG & CRPH supporters, Ireland
Our Mutual National Interests International (OMNI), USA
Overseas Khmer Summit (OKS), USA
Pro Démocratie pour le Cambodge (PDCC), Canada
Romduol Movements, France
Sons and Daughters Khmer (SDK), USA
Sons & Daughters of Cambodia (SDC), USA
Viet Tan (VT), USA
World Khmer-Diaspora Network -Europe, France
Youth Resource Development Program (YRDP), Cambodia
APPENDIX I
Prisoner of Conscience Case Theary Seng
Ms. Theary Seng, a United States Citizen, was arrested on June 14, 2022 by the Phnom Penh regime for exercising her freedom of expression. Ms. Seng is an international human rights lawyer, vocal human rights activist and the lead defendant of the mass criminal trial. She has argued and highlighted that this mass criminal trial is not an isolated event, it is part of a longer-standing and widespread systemic process to eliminate political opposition and dissident voices. She has proved her points to be accurate and was recently sentenced to 6 years in prison.
Theary, on the day of her arrest, was dressed as Lady Liberty in chains, expressing how she felt about the lack of freedom and injustices in her homeland. Another very important item that Lady Liberty had in hand was Cambodia's 1991 Paris Peace Accords book, which symbolizes the international effort to bring peace and freedom of democracy to Cambodia but was thwarted by Hun Sen since the first election in 1993.
Theary was taken into custody as she stood outside the courthouse and hastily rushed into the police car right after the hearing. In this mass criminal trial some news outlets such as CNN and the New York Times have reported that the Cambodian Court sentenced as many as 138 defendants.
https://www.cnn.com/2022/06/14/asia/cambodia-human-rights-treason-trial-theary-seng-intl-hnk/index.htmlhttps://www.nytimes.com/2022/06/14/world/asia/cambodia-theary-seng-sentenced.html
Concerns
The news of the arrest of Theary Seng and sentencing of the other 138 defendants comes on the heels of Cambodia's communal election, which did not fit any of the free and fair election criteria as set forth by the Paris Peace Agreements of 1991 and is also a clear violation of international human rights laws.
With this current situation, the Cambodian communities are urgently mobilizing their voices. I ask for your support and help free Seng Theary and other political prisoners' conscience. The community fears that more politically motivated arrests will happen as the 2024 National Election approaches.
Request
We hope this latest example of serious rule of law abuses will produce an international reaction that will force the Hun Sen government to re-evaluate and over-turn Theary Seng’s conviction and imprisonment, and the similar convictions of so many other dissidents, and end these politically motivated prosecutions and imprisonments on a more general basis
We call on the Tom Lantos Human Rights Commission to place pressure on Cambodia, noting their unjust judicial system, and sham elections, by calling on them to drop charges and immediately release Theary Seng and the other 138 Mass Criminal Trial defendants.
We the undersigned believe that this is a very urgent Human Rights matter and request that the Tom Lantos Human Rights Commission place Theary Seng in the Defending Freedoms Project, hold an urgent hearing on the Mass Criminal Trails, and a briefing on the Rule of Law and Free and Fair Elections in Cambodia as soon as possible.
APPENDIX II
June 15, 2022
Press Statement: Mass Sentencing of Opposition Activist in Cambodia
Ned Price, Department Spokesperson
The United States is deeply concerned by the June 14 mass conviction of opposition activists in Cambodia, including Cambodian-American lawyer Theary Seng. The sentencing of these opposition activists, many of whom are associated with the disbanded Cambodia National Rescue Party (CNRP), is the latest instance in an alarming pattern of threats, intimidation, and persecution of opposition political leaders and parties. These actions undermine multiparty democracy and the rule of law.
All Cambodians should be able to exercise their human rights, to express their views freely, to assemble peacefully, and to choose their leaders. We call on Cambodian authorities to release all those unjustly detained, including Theary Seng, and protect freedoms of expression, association, and peaceful assembly, consistent with Cambodia’s constitution and its international obligations and commitments.
The United States stands with the Cambodian people and remains steadfast in support of their aspirations for democracy and human rights.
https://www.state.gov/mass-sentencing-of-opposition-activists-in-cambodia