Silenced Voices – Prisoners of conscience in Viet Nam

amnesty international

They include peaceful bloggers, labour rights and land rights activists, political activists, religious followers including Catholic activists and Hoa Hao Buddhists, human rights and social justice advocates, and even songwriters. As a party to the International Covenant on Civil and Political Rights (ICCPR), Viet Nam has the duty to respect and protect the right to free speech. Yet, at least 75 people are currently jailed for nothing more than the peaceful exercise of their right to freedom of expression. Amnesty International considers them all prisoners of conscience, and calls for their immediate and unconditional release.

Amnesty International | April 30, 2014

1. INTRODUCTION AND SUMMARY

“A person is independent only if he has his freedom. And only when his rights are respected and fully protected by the laws then he is truly free.”

Tran Huynh Duy Thuc, 47, a prisoner of conscience serving a 16-year jail sentence since May 2009.

Like Tran Huynh Duy Thuc, human rights defenders and other activists in Viet Nam are typically at risk of arbitrary arrest and lengthy detention for speaking out or thinking differently. Over the years, hundreds have been arrested, charged, detained or imprisoned through the use of restrictive laws, or spurious charges.1

They include peaceful bloggers, labour rights and land rights activists, political activists, religious followers including Catholic activists and Hoa Hao Buddhists, human rights and social justice advocates, and even songwriters. As a party to the International Covenant on Civil and Political Rights (ICCPR), Viet Nam has the duty to respect and protect the right to free speech. Yet, at least 75 people are currently jailed for nothing more than the peaceful exercise of their right to freedom of expression. Amnesty International considers them all prisoners of conscience, and calls for their immediate and unconditional release.

Prisoners of conscience in Viet Nam face arbitrary pre-trial detention for several months, are held incommunicado without access to family and lawyers, and are subsequently sentenced after unfair trials to prison terms ranging from two to 20 years or even, in some cases, life imprisonment. Many are held in harsh conditions amounting to cruel, inhuman or degrading treatment, with some of them subjected to torture and other ill-treatment, such as beatings by security officials or other prisoners.

This situation derives from restrictions in law and practice to the right to freedom of expression, and shows that Viet Nam is in violation of its international legal obligations to respect, among other rights, the right to freedom of expression, the right to a fair trial and the right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment.

Amnesty International is particularly concerned about vaguely worded language in laws and decrees which has been repeatedly used over the years to restrict free speech and lock people up. These laws need to be urgently revised as they are not in line with international human rights standards.

In this report, Amnesty International provides a brief overview of Viet Nam’s legal framework and international obligations. The report then highlights the range of human rights violations that human rights defenders and other activists are subjected to in Viet Nam when they become prisoners of conscience. Lastly, it provides detailed information on 75 individuals currently in jail after being tried and convicted for the peaceful exercise of their right to freedom of expression. This list is illustrative and by no means exhaustive. There are numerous others behind bars who may also be prisoners of conscience in Viet Nam,2 and others who are currently in pre-trial detention.3 Additionally, many are under house arrest and/or subject to brief arrest and detention.4

What is a prisoner of conscience?

A prisoner of conscience is a person imprisoned or otherwise physically restricted because of their political, religious or other conscientiously-held beliefs, ethnic origin, sex, colour, language, national or social origin, economic status, birth, sexual orientation or other status who has not used violence or advocated violence or hatred. Amnesty International considers people imprisoned solely for peacefully exercising their right to freedom of expression to be prisoners of conscience, and calls for their immediate and unconditional release everywhere in the world.

Key recommendations

At a time when the Viet Nam government seeks election to a seat on the UN Human Rights Council for 2014-2016, the authorities should ensure that the right to freedom of expression is respected and upheld in their country. In particular, Amnesty International recommends that the Viet Nam authorities undertake the following steps to ensure that human rights defenders and other activists are able to freely express their opinions and beliefs:

  • Release immediately and unconditionally all prisoners of conscience, whether they are in pre-trial detention, imprisoned after conviction by a court, or under house arrest, and ensure that all those released are able to effectively access their right to remedy in accordance with international law, and that they are provided with reparations for their suffering;
  •  Take measures to ensure that human rights defenders, peaceful activists and religious followers are free from violence, discrimination and the threat of criminalisation;
  • Repeal or else amend provisions in the 1999 Penal Code to ensure that ambiguous provisions relating to national security are clearly defined or removed, so they cannot be applied in an arbitrary manner to stifle legitimate and peaceful dissent; and
  • Ensure that the new constitution recognises the rights provided for in Articles 19, 21, and 22 of the International Covenant on Civil and Political Rights in terms fully consistent with those articles and that do not circumvent Viet Nam’s international human rights obligations as a state party.

    See full text here: Silenced Voices – Prisoner of conscience in Viet Nam