RESOLUTION on VIETNAM

pen international

Freedom of expression in the Socialist Republic of Viet Nam remains dire. The brutal persecution of dissenting views and free speech persists with impunity. Referring to the Criminal code, under article 88 (conducting propaganda against the State), writers, journalists and human rights defenders risk from 3 to 20 years in prison. Offences under article 258 (abusing democratic freedoms), carry sentences of up to 7 years in prison, while those under article 79 (attempting to overthrow the government), carry sentences of between 12 and 20 years in prison, life imprisonment or execution. Trials are routinely unfair, after which prisoners of conscience are deported to forced labour camps very far from their families. They are held in solitary confinement, rotting in unsanitary cells with hostile common-law criminals. Many are in fragile health due to inhuman and degrading treatment.

PEN International | Nov 11, 2014

Draft submitted by Suisse Romand PEN, seconded by Swiss German PEN and Swiss Italian and Reto-Romansch Centres.

Assembly of Delegates of PEN International, meeting at its 80th World Congress in Bishkek, Kyrgyzstan 29th September to 2nd October 2014

Freedom of expression in the Socialist Republic of Viet Nam remains dire. The brutal persecution of dissenting views and free speech persists with impunity. Referring to the Criminal code, under article 88 (conducting propaganda against the State), writers, journalists and human rights defenders risk from 3 to 20 years in prison. Offences under article 258 (abusing democratic freedoms), carry sentences of up to 7 years in prison, while those under article 79 (attempting to overthrow the government), carry sentences of between 12 and 20 years in prison, life imprisonment or execution. Trials are routinely unfair, after which prisoners of conscience are deported to forced labour camps very far from their families. They are held in solitary confinement, rotting in unsanitary cells with hostile common-law criminals. Many are in fragile health due to inhuman and degrading treatment.

At its second UPR review in 2014, Viet Nam (SRV) refused to accept recommendations calling for ensuring the exercise of the right to freedom of expression, online and offline; releasing all prisoners held in arbitrary detention; and revising the vague ‘’national security’’ laws including articles 79, 88 and 258 of the Criminal Code, as well as the use of the death.

PEN International also mourns the painful and unjust death of 51-year-old blogger and teacher Dinh Dang Dinh on 3 April 2014 at his home, after being sentenced in August 2012 to six years in prison. He was amnestied too late on 21 March 2014, when he was only a dying skeleton devoured by stomach cancer in prison. Shortly before his death, Dinh Dang Dinh said that when he discovered blood in his bowel movement, he formulated many requests to be admitted to a hospital for examination but that the camp warders beat him instead of giving him the adequate treatment he urgently needed. Poet 69-year-old Nguyen Huu Cau serving a life sentence in lieu of a death penalty imposed in 1983 was also amnestied in March 2014 for health reasons: he suffers from severe heart failure, blindness in his left eye, failing vision in his right eye, and is almost deaf. While his release is welcome, he should never have been in prison in the first place.

Many other writers, journalists, bloggers, lawyers and intellectuals are imprisoned or detained arbitrarily, held under house arrest or suffer other forms of harassment in connection with the peaceful exercise of their right to free expression of their opinion and belief. Cases of grave concern to PEN International include:

 Nguyen Van Ly, priest-editor of the banned review Freedom of Opinion. Sentenced in 2007 to 8 years in prison and 5 years in probationary detention. Previously served 15 years in prison between 1977 and 2005. In 2009, a stroke paralyzed the right side of his body. In March 2010, fearing he would die of other strokes, he was held under police surveillance in Hue city. Brought back to the camp in July 2011, he still suffers from paralysis on the right side of his body and leg.

Nguyen Van Hai (pen name Dieu Cay), journalist-blogger, co-founder of the banned Free Journalist Club. Arrested in 2008, he should have been released in 2010 after serving his two-and-a-half year prison sentence on trumped-up charges of ‘’tax evasion’’. Instead, he was held incommunicado in a camp without access to family visits until May 2012. He pleaded not guilty against new charges based on his writings on his blog and Club’s website prior to his arrest. In September 2012, he was sentenced to 12 years in prison and five years in probationary detention. He is in very poor health.

Ho Thi Bich Khuong (f), blogger, human rights defender, and author of a memoir in prison, satirical poems and online articles. Interviewed by foreign radio, she denounced the abuse of power against poor women peasants. She was arrested in December 2010 and sentenced in December 2011 to five years in prison and three years in probationary detention. Previously served two prison sentences in 2005 and 2007. She had been violently attacked and subjected to brief arrests. She was tortured in prison, badly beaten by common law detainees. Other aggressors broke her left arm during pre-trial detention. Held in solitary confinement, she is also in very poor health.

Ta Phong Tan (f), prolific blogger, jurist, member of the banned Free Journalist Club. Arrested in September 2011 and sentenced in September 2012 to 10 years in prison and three years in probationary detention. She is the author of over 700 articles about corruption, abuse of power, arbitrary land confiscations and child mistreatment. Her blog’s writings have been the most read in many mainstream media and foreign radios services. Since 2008, she has been brutally harassed and briefly detained many times. On 30 July 2012, her mother died after setting herself on fire to protest her daughter’s arbitrary detention. She has reportedly been ill-treated in the camp and is in very poor health.

In light of the above, the Assembly of Delegates of PEN International urges the government of the Socialist Republic of Viet Nam to :

Release, immediately and unconditionally, Nguyen Van Ly, Nguyen Van Hai, Ho Thi Bich Khuong, Ta Phong Tan, all other writers, journalists and bloggers and all persons currently in prison, in probationary detention or in pre-trial detention* for having peacefully exercised their right to freedom of expression.

-.Cease all attacks, harassment, threat of arbitrary arrest or detention against all persons who hold independent opinion or who call for freedom of thought, conscience, religion and belief.

Improve conditions in prison and forced labour camps; stop acts of aggression perpetrated by common law detainees; prohibit all forms of torture and ill-treatment, including prolonged solitary confinement and investigate all reports of such treatment immediately and impartially,bringing perpetrators to justice and granting compensation to victims; ensure all detainess receive all necessary medical care.

Facilitate prisoner’s family visits, including by ensuring prisoners and detainees are held in facilities within a reasonable distance of their homes.

Repeal all provisions in Viet Nam (SRV) laws that criminalize dissenting views and free words on the basis of imprecisely defined ‘’national security’’ crimes.

Abolish all censorship and restrictions on freedom of expression, freedom of the press, the right to be informed by all means including the Internet, and freedom of peaceful assembly and association, in compliance with the Articles 19, 21 and 22 of the ICCPR.

Annex : * Non-exhaustive list of major cases in Viet Nam documented by PEN International and update at mid 2014. (Persecuted writers, journalists and bloggers).

1. Currently serving heavy prison sentences or suspended sentences: Bui Thi Minh Hang (f) 3 years, Dang Xuan Dieu 13 years,Dinh Nguyen Kha 4 years, Ho Duc Hoa 13 years, Ho Thi Bich Khuong (f) 5 years, Le Quoc Quan 2 ½ years, Le Thanh Tung 5 years,Le Van Son 4 years, Ngo Hao 15 years, Nguyen Dang Minh Man (f) 9 years, Nguyen Dinh Cuong 4 years, Nguyen Kim Nhan 5 ½ years, Nguyen Thanh Long (pastor Nguyen Cong Chinh) 11 years, Nguyen Thi Thuy Quynh (f) 2 years, Nguyen Van Duyet 3½ years,Nguyen Van Hai (pen-name Dieu Cay) 12 years, Nguyen Van Khuong 4 years, Nguyen Van Ly (Father) 8 years, Nguyen Van Minh 2 1/2 years, Phan Ngoc Tuan 5 years, Ta Phong Tan (f) 10 years, Thai Van Dung 4 years, Tran Anh Kim 5½ years, Tran Huynh Duy Thuc 16 years, Tran Minh Nhut 4 years, Tran Vu Anh Binh 6 years, Truong Duy Nhut 2 years, Vo Minh Tri (pen-name Viet Khang) 4 years.

. Under house arrest since 2003: Dang Phuc Tue (Ven. Thich Quang Do), 86-year-old, Buddhist monk and poet.