Theary Seng languishes in prison after Cambodia turns from West to China
Theary Seng, a Khmer Rouge survivor who is 12 months into a six-year prison sentence, began a hunger strike on July 17. © Reuters
PHNOM PENH/TOKYO -- Supporters of a jailed U.S.-Cambodian activist on hunger strike in the Southeast Asian country have renewed a push for her release and called on Washington to press harder for her freedom.
Theary Seng, a Khmer Rouge survivor who is 12 months into a six-year prison sentence for "conspiracy to commit treason," began refusing food on Monday ahead of elections on Sunday that will almost certainly extend Prime Minister Hun Sen's 38-year rule.
Observers say Theary's case highlights both Hun Sen's intensifying clampdown on dissent and Washington's dwindling influence as Cambodia deepens ties with Xi Jinping's China.
Pressure is building on the U.S. to categorize Theary as wrongfully detained and pursue her release via the Levinson Act, which allows for sanctions in response to the wrongful detainment of American citizens abroad.
A United Nations-mandated group of experts this month designated Theary's detention as arbitrary and demanded her "immediate and unconditional release."
Mardi Seng, Theary's brother and a member of the opposition Candlelight Party, which was barred from competing in the upcoming ballot, said the hunger strike had made his family "gravely concerned for Theary's health and distraught that she has resorted to such desperate measures."
"At the same time, we also understand her frustration and her desire to speak out against these injustices. My family calls on President [Joe] Biden and Secretary [of State Antony] Blinken to immediately designate Theary as wrongfully or unlawfully detained under the Levinson Act."
Jared Genser, Theary's international pro bono counsel, also said he was "deeply concerned" for her welfare during her hunger strike. He expressed frustration at the "unprecedented" refusal by the State Department to recognize her as unlawfully detained.
"The U.N. found she is being held illegally in violation of international law, demanding her immediate and unconditional release," he said.
"Yet, despite President Biden and Secretary Blinken having personally urged Prime Minister Hun Sen to release her, the State Department still refuses to conclude she is wrongfully or unlawfully detained under the Levinson Act, which would increase efforts to secure her freedom."
A State Department spokesperson condemned Theary's detention and called for the Cambodian government to immediately release her and "all individuals detained on politically motivated charges." The U.S. government continued to review whether her detention was "wrongful" -- a key test for her case to be escalated under the Levinson Act to the special presidential envoy for hostage affairs.
"The review looks at the totality of the circumstances and assesses the facts of the case against various criteria," the spokesperson said.
Efforts to secure 52-year-old Theary's release have been met with hostility from Hun Sen, of whom she has long been a vocal critic. The premier's close ties with China have in recent years given him added leverage in the face of Western criticism of his regime's increasing authoritarianism.
The septuagenarian strongman in June lashed out in response to foreign lobbying for the release of Theary and opposition party leader Kem Sokha. The opposition chief is under house arrest pending the exhaustion of his appeal against a 27-year sentence for "treason" for what authorities claimed was a U.S.-backed plot to overthrow the government.
"I don't pardon them because I don't trust you. You intend to destroy me," Hun Sen said, addressing unnamed foreign powers, reported Radio Free Asia. He added that he wasn't fazed by Theary's hunger strike. "Let her die. So be it," he said.
Hun Sen's accusations of U.S. meddling intensified after his ruling Cambodian People's Party (CPP) nearly lost an election in 2013 to the now-disbanded opposition Cambodia National Rescue Party, a predecessor of the Candlelight Party.
The electoral scare marked a turning point that has seen Hun Sen significantly deepen ties with China. Beijing's "economic assistance, diplomatic backing and military exchanges" are "vital" for the stability of the CPP's regime as it closes Cambodia's political space, according to Neil Loughlin, a lecturer in comparative politics at City University of London.
In return, China has secured a close ally within the ASEAN bloc. Beijing and Phnom Penh have denied reports that China plans to locate military assets at a Cambodian naval base it is upgrading on the Gulf of Thailand.
With China at his back, Hun Sen has been less willing to appease democratic powers like the European Union and the U.S., both important export markets. The EU has imposed trade penalties that impact Cambodia's crucial garment industry, while Washington has sanctioned some military figures and tycoons.
"Hun Sen has made it clear he isn't going to make the democratic, human rights and labor concessions the U.S. and EU are asking for," Loughlin said.
U.S. actions such as welcoming Hun Sen to the White House for the 2022 ASEAN-U.S. summit last May and Biden's trip to Phnom Penh in November for a meeting of the regional bloc, during which he raised Theary's case directly, have also failed to exact concessions.
In comparison, a 2009 visit to Cambodia by then-Assistant Secretary of State Christopher Hill saw four high-profile activists released as "a gift." Back-channeling prior to then-Secretary of State Hillary Clinton's 2012 attendance at an ASEAN conference in Phnom Penh helped secure the release of 13 imprisoned Cambodian female land rights activists.
Cambodian Ministry of Justice spokesman Chin Malin said Theary's case is being conducted in accordance with Cambodia's laws, which he said do not allow for extralegal attempts to pressure the court or government to intervene and drop the case.
"That is against the foundation of international law, constitution and Cambodia's legal procedure," he said.
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