Theary Seng recalls when her mother disappeared. She recalls falling asleep in their sectors inside a Khmer Rouge detention centre plus woke to find her gone. The storage is just one scar tissue from the brutal regime that killed the girl parents before she was 8 years old.
Four decades later, the Cambodian-American lawyer, activist and prominent opposition figure turned to a different matriarch: the ‘Mother of Exiles’ plus icon of her second homeland, the Statue of Liberty in America. She had been sentenced to 6 years in prison on 14 06 in Phnom Penh, dressed as ‘Lady Liberty. ’
Clad in teal robes plus dusted with entire body shimmer, Seng grasped the torch associated with liberty and a pill reading, “Paris Serenity Accord, 23 Oct 1991, ” referencing the agreement that ended Cambodia’s civil war and set up the nation as a recently established democracy.
Seng was convicted of treason inside a mass trial with around 60 additional opposition figures, whose sentences range from 5 to eight many years. Cambodian authorities assert the defendants facilitated the 2019 unsuccessful return of exiled former Cambodia Nationwide Party (CNRP) leader Sam Rainsy through France, a cost the defendants refuse.
As Seng’s glitter-clad conviction casts a further shadow over the progress of human being rights and justice in the Kingdom , Southeast Asia Globe spoke in order to Sopheap Chak, executive director of the Cambodian Center for Human being Rights, about the girl reaction to the verdict, Cambodia’s “brazen episodes on democracy” and why Seng’s extremely public incarceration was no surprise.
Has anyone voiced with the jailed defendants?
Not since they were found guilty. I have only changed a few words with some of the defendants when observing court hearings in the past. As for prison visits, CCHR don’t have access to prisons. If we did, we would restrict these visits in order to jailed human rights defenders, not political figures, as CCHR is really a politically neutral company. However , many go to requests that CCHR has made to the prison department in the past have got either gone unanswered or been refused.
Is there an appeals process? How does it work and how lengthy does it take? Do you think it will change something?
I am unaware of whether the convicted individuals will wish to appeal their word. Even if they do, I actually highly doubt the end result of the appeal procedure will achieve proper rights. Acquittals of human being rights defenders and members of the opposition are rare in Cambodia, where critique and dissent are no longer tolerated.
Why is this verdict and the imprisonment of these defendants substantial for Cambodia?
Special Rapporteur Vitit Muntarbhorn stated a few months ago, democratic room in Cambodia has been lost to a politicised judiciary run by an all-powerful professional. Yesterday’s verdict just served to highlight the accuracy and soundness of this remark. With each instance of judicial nuisance and intimidation associated with former Cambodia Nationwide Rescue Party (CNRP) activists, Cambodia violates the democratic principles enshrined in both domestic and international human being rights law. The court’s decisions show that the Royal Govt of Cambodia (RGC), not content with getting dissolved the CNRP in November 2017, is now hell-bent upon making sure a rebirth is impossible.
Cambodia has ceased to be a democratic nation and has not been for years. This verdict makes that clear, and any initiatives by the RGC to justify or defend this verdict are morally bankrupt.
What does it mean for that opposition to Hun Sen’s government?
Since the knell of the CNRP as well as the banning of 118 CNRP senior party officials from national politics in 2017, both members and followers of the political resistance have sustained attacks on their freedoms. This verdict, as well as the intimidation and threats that will Candlelight Party associates have faced in the lead-up to the commune elections, illustrate the fact that RGC is continuing to target individuals with politics views that do not really conform to the status quo , in contravention associated with Cambodia’s human rights obligations.
The timing of this verdict is not unique: it occurred lower than 10 days after the commune elections – suggesting a show of drive by the RGC following its electoral victory – and a yr before the national polls – sending the chilling message that will genuine opposition is not tolerated and that political opponents can easily be incapacitated.
This sustained targeting associated with former CNRP people or supporters has detrimental repercussions pertaining to Cambodia’s political scenery. It fosters a culture of concern and self-censorship and discourages political involvement as citizens fright repercussions for expressing their political viewpoint. I believe this decision acts as a warning to the opposition ahead of the nationwide elections next year and makes it clear that any opposition, no matter its popularity, are at the mercy of the RGC.
Will it harm Cambodia’s international standing, especially in a year when the country holds the ASEAN chair?
The worldwide community has frequently denounced Cambodia’s brazen attacks on democracy. Yesterday’s verdict will do little to assuage the international community’s concerns regarding Cambodia’s human rights plus political situation. Additionally , Cambodia’s domestic scenario could damage its legitimacy as ASEAN chair – and for that reason ASEAN’s authority – on issues regarding democracy and principle of law, the particular promotion of which are usually central to the ASEAN objectives. The importance of these types of values and of ASEAN’s ability to promote them legitimately and positively cannot be overstated during a period when the Myanmar military’s violent assault upon democracy has been happening for 15 months and shows no sign of abating.
Do you think Theary Seng was given a long phrase as a warning to activists?
Due to her outspokenness, her creative ways to criticise the ruling party and her bravery in standing up to injustice, Theary Seng has become a thorn in the RGC’s part and an motivation to many. It is therefore feasible that her conviction and sentence are made to have a chilling impact and discourage anyone thinking of following within her footsteps.
Does your organisation plan to make any statements or perform any actions to support the defendants?
We now have released a commentary and are examining our options for upcoming advocacy on behalf of the particular defendants. Civil society organisations, including CCHR, have frequently portrayed concern over the politicisation of the justice system and its instrumentalisation against the political opposition. We now have also raised this problem with various Un mechanisms. We will continue to keep do so to defend Cambodians’ civil and political rights and to observe democracy finally become a reality.
How do you think the Cambodian people can react to this decision and the jailing from the dissidents?
In this digital era, news travels quick and the truth cannot be hidden for lengthy. I believe that people are usually increasingly aware of the particular justice system’s bias against the political opposition.
The Constitution promises all of us an “Island of Peace” based on a liberal multi-party democratic system, yet we have lived in a de facto one-party state for years. The particular Cambodian people deserves – and is eligible for – a truly democratic country, with a multiplicity of political celebrations, and a political panorama that thrives away from a diversity of opinions and views to build a simply and pluralistic society.
Have you spoken to the activists around Cambodia or in other countries? Exactly what are they saying according to the court’s verdicts and sentencing?
I anticipate that this verdict and exactly what it means for Cambodia’s democracy – or lack thereof – will be another trigger for concern for most activists in Cambodia. The RGC’s increasing intolerance to criticism and opposition is incredibly worrying and represents a threat for anybody daring to question the status quo . We remind the RGC of its obligations in order to uphold civil plus political rights within Cambodia, and we urge the RGC to complete much better in applying these obligations. We all call for the release from the defendants, and the drawback of the politically motivated charges against all of them.
Is there another important aspect of this court decision that is important to consider?
This particular trial was marred by multiple violations of the defendants’ fair trial rights. Their particular lengthy pre-trial detention amounted to an irrelavent deprivation of liberty and was not in line with the right to be presumed innocent until confirmed guilty. The judiciary’s lack of independence had been likely another barrier to the defendants’ supposition of innocence being upheld, [and] it violated their right to become tried by a completely independent and impartial tribunal. Sadly, fair test rights violations are common in cases against individual rights defenders or opposition members within Cambodia. This trial and the court’s decision exemplify the weak points and failures associated with Cambodia’s justice system. Judicial reforms are usually urgently needed for reasonable trial rights to become upheld for all defendants in Cambodia, which includes those who’ve aggrieved the ruling party.
Were you surprised by the verdict plus sentencing?
Sadly, no . Cambodia’s human rights plus political situations are already backsliding for years and also have been characterised by an erosion associated with political rights, a boost in restrictions of fundamental freedoms, as well as the consequent cementing from the Cambodia People’s Party’s power. As the legal courts are beholden to the ruling party, I needed very little hope that this verdict would attain true justice.
