VIET NAM: IMMEDIATELY AND UNCONDITIONALLY RELEASE DEMOCRACY ACTIVIST NGUYỄN VIỆT DŨNG

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Amnesty International is concerned by the proceedings leading  to Dũng’s conviction  which did not comply with the right to a fair trial: a request for postponement on the grounds  that  Dũng was unwell and too weak to participate in the proceedings was rejected while one of Dũng’s defence lawyers was ejected from the court after complaining  that  the defence’s arguments and evidence  were ignored. Three other lawyers acting  for Dũng walked out of the hearing  in protest  at the flawed proceedings.

Amnesty International | Dec 16, 2015

Amnesty International calls on Viet Nam to immediately  and unconditionally release  Nguyễn Việt Dũng, who is a prisoner  of conscience. Nguyễn Việt Dũng was convicted  of ‘causing public  disorder’ solely for peacefully  exercising  his rights to freedom  of expression  and peaceful assembly  under Article 245 on 14  December  2015 and sentenced to 15  months  in prison.

Dũng was arrested on 12  April 2015 after taking part in the ‘Save the Trees’ protest  in Hanoi. The protest, which was attended by approximately  150 people,  called  on the authorities in Hanoi to abandon plans  to cut down thousands of trees  lining the capital’s  boulevards,  plans  that  have since been  shelved  but not until after hundreds of trees  had already been  felled.

Dũng was arrested with four friends  at a café after the protest. The five young men are members of the Republic  Party of Viet Nam, which Dũng launched on 2 April 2015. The unregistered party calls for democracy  and human  rights in one-party  Viet Nam. At the demonstration, the five wore t-shirts bearing  the logo of the former Republic  of Viet Nam, the name  for the pre-unification state  of South Viet Nam from 1955-1975. Dũng also wore the military clothing  of the former Republic  of Viet

Nam. The four friends  were released without charge.  Dũng has been  charged  because of his political beliefs  and for peacefully  exercising  the right to freedom  of expression. In addition, advocates within Viet Nam say Dũng was beaten in custody.

Amnesty International is concerned by the proceedings leading  to Dũng’s conviction  which did not comply with the right to a fair trial: a request for postponement on the grounds  that  Dũng was unwell and too weak to participate in the proceedings was rejected while one of Dũng’s defence lawyers was ejected from the court after complaining  that  the defence’s arguments and evidence  were ignored. Three other lawyers acting  for Dũng walked out of the hearing  in protest  at the flawed proceedings.

Article 245 of the Penal  Code criminalises acts  which “foment  public  disorder  causing  serious consequences” and carries  a maximum  sentence of seven years imprisonment. Dũng was convicted solely for peacefully  exercising  his rights to freedom  of expression, peaceful assembly  and his political  opinions  or beliefs.  The right to peaceful assembly  is guaranteed by Article 21  of the International Covenant on Civil and Political  Rights (ICCPR), to which Viet Nam is a party. Dũng’s attending the protest  and expressing  his political  opinion and belief (including  through  founding  a political  party and wearing clothing  that  could be perceived  as a political  statement) is protected by the right to freedom  of opinion and belief and freedom  of expression;  a right which is guaranteed by Articles 18  and 19  of the ICCPR. The rights to freedom  of expression  and peaceful assembly  are also protected under  Article 25  of Viet Nam’s Constitution.

Background

Nguyễn Việt Dũng is a 30-year-old engineer  graduate from Nghệ An province.  After his arrest  in April, Dũng’s home was searched by police who confiscated several of his belongings  which are said to have included paraphernalia relating  to the Republic  of Vietnam.

Viet Nam has a longstanding history of detaining human  rights and democracy  activists  for peacefully  exercising  their right to freedom  of expression, and charging  them  under  vaguely worded provisions of the criminal  code.  In recent  months, a spate  of brutal  attacks against  activists  by masked  and plain-clothes men have gone unpunished. Regardless of who has carried  out these attacks, the authorities have an obligation  to protect  human  rights defenders from acts  of violence under  international human  rights law.

The Communist  Party of Viet Nam’s (CPV) National  Congress will take place  sometime in early

2016, when it will decide  on the new CPV leadership. This will be followed by national  elections and the appointment of a new President and Prime Minister.

ENDS