Vietnam Likely to Have Extended Investigation into Human Rights Lawyer Nguyen Van Dai by Two Months

Human rights lawyer Nguyen Van Dai

By Defend the Defenders, April 30, 2017

Vietnam’s authorities are likely to have extended the investigation period into human rights lawyer Nguyen Van Dai by two months, bringing the total pre-trial detention period against the prominent dissident to 18 months, said his lawyer Ha Huy Son.

Mr. Dai, who was arrested on December 16, 2015, is charged with conducting “anti-state propaganda” under Article 88 of the country’s Penal Code. He will face imprisonment of up to 20 years if convicted, according to the current Vietnamese law.

In its letter sent to Mr. Son dated on April 21, 2017, the Supreme People’s Procuracy said it will allow him to be involved in the case after the investigation is completed, but not now.

If confirmed, this will be the fourth extension of Mr. Dai’s pre-trial detention. The previous extensions were for four months each.

Two months earlier, in its notice sent to Son, the same agency said the investigation period would be extended until April 17, 2017.

According to Vietnam’s Code of Criminal Procedure, Dai’s lawyers will be allowed to meet with him to prepare his defense after the police agency completes its investigation, the Supreme People’s Procuracy said.

Mr. Dai, founder of the Vietnam Human Rights Center and of the Brotherhood for Democracy, was arrested together with his assistant Ms. Le Thu Ha on allegations of conducting “anti-state propaganda.”

Mr. Dai has been held incommunicado as he has not been allowed to meet with his lawyer and relatives. His wife was permitted to meet him twice since late 2015.

The arrest of Dai has been met with strong condemnation worldwide. The U.S., the EU and other countries, as well as many international and domestic human rights organizations, have urged Vietnam to release Mr. Dai and Ms. Ha immediately and unconditionally, saying the two activists only exercised their right to freedom of expression, which is enshrined in Vietnam’s 2013 Constitution and in the International Covenant on Civil and Political Rights (ICCPR), to which Vietnam is a state party.

In order to keep the country under a one-party regime, the Vietnamese Communist government has used many controversial articles such as Articles 79, 88 and 258 of the Penal Code to silence local political dissidents, social activists and human rights defenders.

Many human rights defenders and pro-democracy activists, including prominent blogger Nguyen Ngoc Nhu Quynh and land rights activist Tran Thi Nga, have been held incommunicado for months.

According to Human Rights Watch, Vietnam holds around 130 political prisoners, while Amnesty International said the Southeast Asian nation detains around 90 prisoners of conscience.

Hanoi has consistently rejected holding any prisoners of conscience, saying it only detains persons who have violated the law.