Jailing of Theary Seng is a ‘bellwether case’ for Cambodia, lawyer says — Radio Free Asia

Worldwide human rights lawyer Jared Genser is offering professional bono counsel to Cambodian-American lawyer and activist Theary Seng, who was sentenced to 6 years in jail in June on treason fees. She was sentenced on June 14 together with 50 different activists for his or her affiliation with the banned Cambodia Nationwide Rescue Social gathering, as soon as the primary opposition within the nation earlier than it was dissolved by the Supreme Courtroom in 2017. On Sept. 30 the Supreme Courtroom upheld a decrease courtroom’s resolution to disclaim bail to Theary Seng. Genser, a long-time good friend of Theary Seng, spoke to RFA Khmer’s Sovannarith Keo about methods to press for her launch.

RFA: Amongst plenty of issues happening with the Theary Seng case, the Supreme Courtroom simply denied her bail. Additionally, Cambodia’s Inside Ministry hasn’t replied to a request from her lawyer in Cambodia to have her transferred again from Preah Vihear jail to Phnom Penh’s Prey Sar jail. What do you make of all these newest developments?

Jared Genser: I believe the federal government of Cambodia has but to get the clear message that its impunity just isn’t going to be tolerated. I believe finally they are going to get that message they usually’ll perceive that very clearly. I am unable to say I used to be stunned by the choice of the Supreme Courtroom or by the shortage of response when it comes to transferring Theary again to Phnom Penh, however nonetheless, after all, I condemn these selections and unequivocally Theary is undoubtedly together with many different political prisoners in Cambodia who’s being detained for exercising her basic rights, her proper to freedom of expression, to peaceable meeting and to political participation.

RFA: However the Hun Sen authorities chooses to uphold her detention quite than launch her, per requests from the U.S authorities or the worldwide group. On this sense, what are the results for the Hun Sen authorities in the event that they select to proceed detaining her for so long as six years?

Jared Genser: Effectively, I believe there’s going to be an rising quantity of stress on the federal government of Cambodia in a wide selection of the way. I can say unequivocally based mostly on my conversations in Washington and Europe and extra broadly, that Theary’s case is a bellwether case. What is going on to her is gives a terrific lens into what is going on in Cambodia right now. And the longer that Hun Sen detains Theary, the extra individuals will learn about his repressive regime and its unwillingness to permit political dissen,t and the way in which during which he retains his iron grip on energy. So we’re going to transfer now in many various instructions to make sure that the prices outweigh the advantages of detaining Theary in actually dramatic methods, and he’ll finally need to make a judgment as as to whether the prices are price the advantages

RFA: When it comes to efficient advocacy, I see that there are plenty of worldwide condemnations forward of the ASEAN summit and instantly following her detention in mid-June. Do you see any expectation that there will probably be any leverage for the worldwide group to place stress on the Cambodian authorities to launch her as quickly as doable?

Jared Genser: Sure I believe that there undoubtedly will probably be. Once more I do not wish to get out entrance of what we’re doing however there will probably be a few very excessive profile methods during which Hun Sen will perceive fairly clearly that the worldwide group and the US specifically is specializing in Theary’s case and that of the opposite political prisoners. We’re additionally after all going to be urgent President Biden to not meet with Hun Sen on a bilateral foundation, however solely agree to take action on a multilateral foundation with the opposite ASEAN leaders. The longer that Hun Sen detains Theary and different political prisoners, the higher the results are going to be. 

RFA: Will there be a press release from the UN Working Group on Arbitrary Detention?

Jared Genser: They need to undergo an prolonged course of. So it’ll take a while. However after all as soon as we file the case we’ll make public our submission to the U.N. so individuals can see what we have been doing. We lately additionally had a really useful report revealed by the Clooney Basis for Justice and the American Bar Affiliation. They’d their very own trial observer, an unbiased observer, observe her trial. And so they lately got here out with a really detailed report that gave the ranking of F on an A to F scale, and condemned her trial as being completely inconsistent with the necessities of worldwide legislation.

RFA: Speaking about her situations within the jail in a distant space in Cambodia’s Preah Vihear province, we be taught from her lawyer in Cambodia saying that she was denied from working towards her faith and in addition she acquired a Covid throughout her jail time, in addition to the overcrowded situations and poor situations within the jail. What are your reactions to that?

Jared Genser: That is once more, a extremely dumb transfer on the a part of the federal government of Cambodia. I imply she is a really excessive profile political prisoner. And the truth is that she is being handled terribly. And naturally , if somebody together with her degree of public consideration is being handled so badly, what does that imply for the typical Cambodian prisoner or the typical Cambodian political prisoner? It means issues are fairly horrible. You already know, fortunately, Theary is powerful of will and powerful of physique, and he or she is surviving someday at a time.

However, clearly, there are worldwide legislation necessities for a way an individual ought to be handled in jail. And we’re going to spotlight clearly the violations of those worldwide guidelines and laws which might be being dedicated in opposition to heroin on this case when it comes to overcrowding or lack of entry to medical care, the violations of a proper to apply their faith. And in addition the arbitrary resolution to maintain her six hours away from Phnom Penh to make it tougher for her lawyer and household to go to her. You already know these are all very clear violations of her rights as our for instance, the truth that she will be able to’t ship out letters. She will be able to’t make telephone calls or talk through the Web. Once more these are all issues which might be designed to place extra stress on her and to make her life as depressing and to attempt to break her and I’ll say having identified Theary for greater than 20 years, there is no means during which Hun Sen and his regime will have the ability to break her.