By Defend the Defenders, October 18, 2016
Human Rights Watch (HRW) has called on Vietnam’s National Assembly (NA), the country’s highest legislative body, to respect rights to freedom of expression, association, assembly, and religion of its people as the agency will consider revision of the law during its coming session from Oct 20 to Nov 19.
The Asia director of HRW said that many articles related to national security in Vietnam’s laws are vaguely defined and often used arbitrarily to punish critics, activists, and bloggers. Therefore, he urged the NA to take this opportunity to outline clear rules to be in line with international standards.
Vietnam’s penal code includes crimes related to “activities aiming to overthrow the people’s administration” (Penal Code Article 79, penalty up to death sentence); “undermining national unity policy” (Article 87, penalty up to 15 years in prison); “conducting propaganda against the State of the Socialist Republic of Vietnam” (Article 88, penalty up to 20 years); “disrupting security” (Article 89, penalty up to 15 years); and “abusing the rights to freedom and democracy to infringe upon the interests of the state, the rights and interests of individuals” (Article 258, penalty up to 7 years).
In November 2015, the National Assembly passed revisions to the penal code. Instead of repealing articles contrary to human rights standards, lawmakers introduced even harsher provisions, such as adding a new punishment to several of these articles that states, “The person who takes actions in preparation of committing this crime shall be subject to between one and five years of imprisonment.”
HRW cited the newest case of the arrest of Nguyen Ngoc Nhu Quynh by Nha Trang police as an example of the government using one of its national security laws to punish peaceful critics. Nguyen Ngoc Nhu Quynh participated in numerous public protests that advocated for human rights and a clean environment.
After arresting her, the police announced that Nguyen Ngoc Nhu Quynh would be detained temporarily for four months. Under the criminal procedure code, in cases related to national security, defense lawyers can only participate in the procedure after the investigation is concluded (article 58). The investigation period can last as long as two years (article 119), meaning an accused may be detained for up to two years without access to legal counsel.
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October 18, 2016
Human Rights Watch Calls on Vietnam to Reform Criminal Law to Respect Rights
by Nhan Quyen • [Human Rights]
By Defend the Defenders, October 18, 2016
Human Rights Watch (HRW) has called on Vietnam’s National Assembly (NA), the country’s highest legislative body, to respect rights to freedom of expression, association, assembly, and religion of its people as the agency will consider revision of the law during its coming session from Oct 20 to Nov 19.
The Asia director of HRW said that many articles related to national security in Vietnam’s laws are vaguely defined and often used arbitrarily to punish critics, activists, and bloggers. Therefore, he urged the NA to take this opportunity to outline clear rules to be in line with international standards.
Vietnam’s penal code includes crimes related to “activities aiming to overthrow the people’s administration” (Penal Code Article 79, penalty up to death sentence); “undermining national unity policy” (Article 87, penalty up to 15 years in prison); “conducting propaganda against the State of the Socialist Republic of Vietnam” (Article 88, penalty up to 20 years); “disrupting security” (Article 89, penalty up to 15 years); and “abusing the rights to freedom and democracy to infringe upon the interests of the state, the rights and interests of individuals” (Article 258, penalty up to 7 years).
In November 2015, the National Assembly passed revisions to the penal code. Instead of repealing articles contrary to human rights standards, lawmakers introduced even harsher provisions, such as adding a new punishment to several of these articles that states, “The person who takes actions in preparation of committing this crime shall be subject to between one and five years of imprisonment.”
HRW cited the newest case of the arrest of Nguyen Ngoc Nhu Quynh by Nha Trang police as an example of the government using one of its national security laws to punish peaceful critics. Nguyen Ngoc Nhu Quynh participated in numerous public protests that advocated for human rights and a clean environment.
After arresting her, the police announced that Nguyen Ngoc Nhu Quynh would be detained temporarily for four months. Under the criminal procedure code, in cases related to national security, defense lawyers can only participate in the procedure after the investigation is concluded (article 58). The investigation period can last as long as two years (article 119), meaning an accused may be detained for up to two years without access to legal counsel.