On June 14, 2022, U.S.-Cambodian lawyer Theary Seng was imprisoned after being convicted of “conspiracy to commit treason” and “incitement to create social disorder” under the Cambodian Criminal Code. The charges against Seng stem from Facebook posts critical of Hun Sen, Cambodia’s Prime Minister for nearly three decades, and in support of democratic elections and the electoral participation of the banned opposition party, the Cambodia National Rescue Party. Seng was convicted in a mass trial alongside dozens of activists and opposition leaders. She was sentenced to six years in prison.

The following day, and without notifying Seng’s counsel or family, prison officials transferred her to a prison 300 km from Phnom Penh. Seng was eventually transferred to Prey Sar Prison, outside of Phnom Penh, which the UNWGAD has criticized for “appalling” detention conditions.

Prior to Seng’s detention, she founded two Cambodian human rights organizations, ran RFK Human Rights’ Speak Truth to Power human rights education program in Cambodia, and was an outspoken critic of Hun Sen.

Why is This a Key Case?

Seng’s case is emblematic of the broader repression of civic space in Cambodia, where human rights defenders, journalists, political opponents, and other critics are subject to criminalization for speaking out against the Government. Seng’s arbitrary detention is but one example of the Government’s longstanding campaign to silence human rights activists and democratic opposition in Cambodia.

How is RFK Human Rights Supporting Seng?

In November 2022, RFK Human Rights, together with Perseus Strategies and Freedom House, petitioned the UNWGAD on Seng’s behalf. RFK Human Rights continues to advocate for Seng’s release.

Name of the case (as it appears in the respective legal mechanism)

Seng Chan Theary v. The Government of Cambodia

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Month/Year of filing

November 2022

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Legal mechanism in which the case is being litigated

United Nations Working Group on Arbitrary Detention

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Rights and legal instruments alleged violated (OR found to have been violated)

Articles 2, 9, 14, 15, 19, 21, 22 and 26 of the International Covenant on Civil and Political Rights (ICCPR)

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Procedural stage

In 2023, the UNWGAD declared Seng’s detention arbitrary and politically motivated and called for her release. The UNWGAD stated that her detention was within the wider context of the government cracking down on freedom of expression in Cambodia. Yet Seng remains in prison.

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Counsel

Perseus Strategies, LLC, RFK Human Rights, Freedom House

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