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DC&PT - Thời Sự 2007
24 April 2007
AMNESTY INTERNATIONAL
Viet Nam:
Silenced critics must be released
Vietnamese
lawyers, trade unionists, religious leaders and Internet
dissidents have been detained or imprisoned in increasing numbers in
recent months. Amnesty International is deeply concerned over an ongoing
crackdown by the Vietnamese government against people who have done
nothing but peacefully express their opinions.
On 30 April, "Liberation Day", the Vietnamese government marks
the
anniversary of the end of the Viet Nam war by releasing a
number of
prisoners. For 30 April 2007, Amnesty International calls on the
authorities to release all those arrested, detained and imprisoned solely
for the peaceful exercise of their rights to seek, receive and impart
information and ideas, to peaceful assembly and association, in
accordance
with Viet Nam's
obligations under international law.
In a trial in the city of Hue on 30 March 2007, Catholic priest Nguyen
Van
Ly, aged 60, was sentenced to eight years in prison for "conducting
propaganda against the Socialist Republic of Viet Nam" under Article
88 of
the Penal Code. Accusations levelled against him included involvement in
the pro-democracy movement Bloc 8406 and taking part in the establishment
of banned political groups. Four co-defendants facing the same charges
were also found guilty; two of them, Nguyen Phong
and Nguyen Binh Thanh,
were sentenced to six and five years imprisonment respectively, two
others
were given suspended prison terms (note: 1).
The one-day trial against Father Nguyen Van Ly, who now for the fourth
time became a prisoner of conscience, was the first of several trials
expected to take place in the months ahead against people who have
publicly called for political change or respect for human rights. This
crackdown follows a period of relative ease in terms of restricting civil
and political rights during which the authorities organized and hosted
the
Asia-Pacific Economic Cooperation (APEC) forum in November, lobbied and
achieved Permanent Normal Trade Relation status with the USA a
month
later, and joined the World Trade Organisation in January 2007.
On 10 April 2007, President Nguyen Minh Triet applauded the success of the
APEC forum, which in the words of the APEC Chairman Le Cong Phung "has
created a positive image of an active, open and safe country." Amnesty
International believes that the ongoing crackdown with its clear
violations of international human rights law is now creating a sharply
contrasting image.
The first of a wave of arrests took place around the time of the APEC
forum, when four leading members of the newly formed United
Workers-Farmers Organisation (UWFO) were taken in by security officials.
Established in October 2006, the UWFO advocates for the right to form and
join independent trade and labour unions, which are not allowed under
Vietnamese national law. No formal charges have been brought against them,
but accusations by authorities have reportedly related to
"conducting
propaganda" against the state (Article 88 of the Penal Code).
The most recent publicly known arrest was on 21 April 2007 of novelist
and
journalist Tran Khai Thanh
Thuy for "distorting the social, political
and
economic situation of Vietnam, denouncing Vietnam for human rights
violations, putting the articles on the internet or sending them overseas
to exile reactionary organisations," according to state controlled
media
(note: 2).
Another recent arrest was of lawyer Le Quoc Quan, who was taken away by
police on 8 March after returning from a year-long fellowship in the USA,
where he had done research on the role of civil society in emerging
democracies. Le Quoc Quan
is a pro-democracy activist, advocating
religious and political freedom. He has been charged under national
security legislation with attempting to overthrow the government (Article
79), which carries the death penalty as the maximum sentence.
Le Quoc Quan is not
the only lawyer to be facing serious criminal charges
for peacefully expressing opinions. At least four other lawyers have been
arrested, including the two human rights lawyers Le Thi
Cong Nhan and
Nguyen Van Dai. Like Father Ly, Van Dai was among the original
signatories
of an Internet based petition which formed Bloc 8406. Le Thi Cong Nhan, a
spokesperson for the Progression Party, had been the state-appointed
legal
counsel for a British citizen charged with heroin smuggling. Just
days
before the trial in November 2006, Le Thi Cong Nhan was placed under house
arrest while another lawyer took over the case; on 6 March Le Thi Cong
Nhan was arrested together with Nguyen Van Dai.
They are both facing
charges under Article 88, and are reportedly not allowed to receive any
visitors. The Progression Party is only one of many opposition parties
that have emerged in breach of national law, which allows only the ruling
Communist Party of Viet Nam.
A fifth lawyer, Bui Thi Kim Thanh,
a land rights activist, was in November
2006 forcibly admitted to Bien Hoa Mental Hospital, 50 km northeast of Ho
Chi Minh City, in what Amnesty International
believes is an attempt by the
authorities to punish her for her work on behalf of the Democratic Party.
Numerous others, who are perceived by the authorities as political
dissidents, are under house arrest, under surveillance, have had phone
lines cut off, computers confiscated or have been harassed and
interrogated by government officials. Even relatives of activists have
been pressured by officials into ensuring that their activist family
member ends his or her activities.
The politically-motivated charges against Father Ly, Le Thi Cong Nhan and
others are a campaign by authorities to silence these critical voices and
to scare other potential critics of the government into silence. Amnesty
International calls on the Vietnamese authorities to honour its
international human rights obligations by releasing all prisoners of
conscience, including those who are facing criminal charges for having
peacefully expressed their opinions. The organisation also calls for an
end to all harassment against other peaceful critics.
In view of the fact that the Vietnamese Penal Code criminalises peaceful
dissent -- in breach of international law -- Amnesty International calls
on the authorities to urgently reform the many ambiguous provisions
relating to national security and ensure they are either removed or
brought into line with Viet
Nam's obligations under international
law.
(1) The two women's suspended prison terms were of two years and 18
months
respectively. Additionally, they were sentenced to a "test
period" of
three years and 18 months respectively, a sort of probation under the
supervision of local authorities.
(2) Vietnam
arrests dissident woman writer, AFP, 23 April 2007
Background
The rights to freedom of expression and assembly are guaranteed under the
International Covenant on Civil and Political Rights (ICCPR). The
covenant
is binding on Viet Nam,
which is a state party since 1982. Yet, peaceful
government critics have been charged with "conducting
propaganda",
"abusing democratic freedoms to infringe upon the interests of the
State" and "spying".
Father Nguyen Van Ly has already spent around 15 years in prison for
peacefully criticizing government policies on religion and advocating for
greater respect for human rights since the late 1970's. He was one of the
architects behind an on-line petition which was launched on 8 April 2006
and signed by 118 democracy activists calling for peaceful political
change and respect for human rights in Viet Nam. The petition quickly
attracted more signatories and its launch marked the effective creation
of
an Internet based pro-democracy movement, Bloc 8406.
Known arrests of peaceful critics from November 2006 and onwards, age and
affiliation (when known):
Bui Kim Thanh, 47
Democratic Party of Viet Nam
Doan Huy Chuong,
21 UWFO
Doan Van Dien, 52
UWFO
Hoang Thi Anh Dao,
21 Progression Party, Lac Hong
group
Hong Trung, 45
Vi Dan Party, Lac Hong group
Le Quoc Quan,
36 Affiliation not
known
Le Thi Cong Nhan,
28 Progression Party
Le Thi Le Hang, 44
Progression Party
Le Van Sy
People's Democratic Party
Nguyen Bac Truyen,
37 People's Democratic Party
Nguyen Binh Thanh,
51 Progression Party, Lac Hong
group
Nguyen Phong, 32
Progression Party, Lac Hong group
Nguyen Tan Hoanh, 22
UWFO
Nguyen Thi Tuyet
Affiliation not known
Nguyen Tuan
People's Democratic Party
Nguyen Van Dai, 38 Bloc
8406, Committee for Human Rights in
Viet Nam
Nguyen Van Ly , 60
Progression Party, Bloc 8406
Phan Van Loi
Bloc 8406
Tran Khai Thanh Thuy
Affiliation not known
Tran Quoc Hien
UWFO
Tran Thi Le Hang, 47
UWFO
Tran Thuy Trang
Affiliation not known
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