Vietnam Human Rights Defenders’ Weekly August 21-27, 2017: Vietnam Says Human Rights Attorney Nguyen Van Dai Charged with Articles 79, 88

Defend the Defenders | August 27, 2017

Vietnam’s authorities have announced that prominent human right attorney Nguyen Van Dai is charged with subversion under Article 79 of the country’s 1999 Penal Code and the previous charge of “conducting anti-state propaganda” under Article 88 will remain.

The lawyer, who was arrested in late 2015, will be held further for investigation and the pre-trial detention may be extended to 20 months. If convicted, he will face hard sentence as the punishment for the subversion allegation is life imprisonment or capital punishment while for the second allegation the imprisonment may be up to 20 years.

His assistant Le Thi Thu Ha is also probed for the two charges.

Vietnam has also extended the investigation period for second time against human rights defender Luu Van Vinh, who was arrested on November 6, 2017 and charged with subversion. Mr. Vinh will be kept incommunicado at least until late October, and he has not been permitted to meet with his lawyer nor relatives, the practice Vietnam has applied in political cases.

On August 20, the People’s Court of Hoang Mai town in Vietnam’s central province of Nghe An announced that it delayed the trial against former prisoner of conscience Nguyen Van Oai scheduled on August 21. The reason is the absence of one of witnesses, it said.

Amnesty International launched a campaign calling international community to take an urgent action on the case of human rights defender Nguyen Bac Truyen, who was kidnapped by Vietnam’s security forces on July 30 and later charged with subversion. Specifically, the London-based human rights organization urged people worldwide to write petitions to Vietnam’s prime minister, minister of public security and foreign minister to demand to release the former prisoner of conscience immediately and unconditionally.

And other news

 

===== Augst 21 =====

Vietnam Court Postpones Trial against Blogger Nguyen Van Oai

Defend the Defenders: The People’s Court of Hoang Mai town in Vietnam’s central province of Nghe An has deciced to postpone the trial against former prisoner of conscience Nguyen Van Oai scheduled on August 21.

The decision was made on August 20, just one day prior to the trial, said Ha Huy Son, lawyer of Mr. Oai said.

According to the decision, the delay is due to the absence of one of witnesses in the case.

Oai, who was imprisoned for four years between 2011 and 2015, was arrested on January 19 this year and charged with “Resisting persons in the performance of their official duties” under Article 257 and “Failing to execute judgments” under Article 304 of the country’s 1999 Penal Code.

He will face imprisonment of up to three years in jail for every charge if is convicted, according to the current Vietnamese law. He may receive a heavy sentence as Hanoi is intensifying its crackdown on local political dissidents, human rights defenders, social activists and independent bloggers.

The Catholic social activist was arrested on his way home from a fishing trip in Hoang Mai town. Local authorities accused him of failing to obey regulations set for house arrest as he is still under four-year probation period given by the previous sentence.

Ms. Nguyen Thi Tri, his sister said that the first charge is incorrect as when he was detained by plainclothes agents, he resisted as he thought they were thugs.

After being released two years ago, he worked to promote civil rights and assisted local residents in protesting the local authorities’ power abuse regarding imposing taxes and fees, and high fees in education, she said.

In August 2011, Oai was arrested for the first time together with 13 other young Catholic activists and they were charged with “Carrying out activities aimed at overthrowing the people’s administration” under Article 79 of the Penal Code. Later, they were sentenced to between four and 13 years in prison.

After his arrest in January this year, the EU, the U.S. and other countries and international human rights have condemned Vietnam’s move, urging the communist government to release him immediately and unconditionally.

On August 18, Reporters Without Borders urged Vietnam to release him immediately and unconditionally, saying he was arrested just for exercising his rights of peaceful expression and assembly.

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Vietnamese President Calls for Further Media Crackdown

Defend the Defenders: Vietnamese President Tran Dai Quang has called for a fresh crackdown on the country’s already restricted media, with a focus on threats from “hostile forces’’ online.

“Political dissidents’’ have used the internet, especially social networking sites, with sophisticated methods and tricks to create internal dissension, infringe the nation’s interests and undermine national security,” President Quang said.

In an article posted on state media to mark the 72nd anniversary of the People’s Police, Quang said the state should “enhance management over press and publication activities.’’

“Damaging activities’’ by “hostile forces’’ were increasing, said Quang, who is a former minister of public security, adding there are number of websites and blogs used to “blacken’’ the reputation of party and state leaders.

Under Vietnam’s single party communist state, challenges to the ruling party are outlawed and the government has already launched a renewed crackdown on political dissent in recent months.

At least tem dissidents have been arrested, charged or convicted of anti-state crimes since June, including several bloggers.

===== August 22 =====

Amnesty International Calls for Release of Human Rights Defender Nguyen Bac Truyen

Defend the Defenders: Amnesty International has called international community to take an urgent action on the case of human rights defender Nguyen Bac Truyen, who was kidnapped by Vietnam’s security forces on July 30 and charged with subversion.

Specifically, the London-based human rights organization urged people worldwide to write petitions to Vietnam’s prime minister, minister of public security and foreign minister to demand to release him immediately and unconditionally.

Mr. Truyen is held incommunicado and may be tortured, Amnesty International said.

Before his arrest, Truyen, who is a former prisoner of conscience,  was working for a Christian church in Ho Chi Minh City, contributing to a charitable program that supports war veterans. He has monitored and reported on the harassment of religious minorities in Vietnam and in 2014 he met with the UN Special Rapporteur on freedom of religion or belief during a country visit to the Southeast Asian nation. He has also provided legal advice to victims of land grabs and police harassment, and helped to facilitate charitable support to the families of prisoners of conscience.

Truyen, who was a former member of Brotherhood for Democracy, was arrested together with other members of the organization namely Nguyen Trung Ton, Pham Van Troi and Truong Minh Duc as Vietnam’s communist government targets the online group which is a potential threat for the ruling party.

Last week, Vietnam’s authorities confirmed Truyen’s arrest, saying he is held in the Hanoi-based B14 detention facility managed by the Ministry of Public Security for investigation.

For full statement of Amnesty International: Urgent Action: Missing Human Rights Defender at Risk of Torture

===== August 23 =====

Vietnam Extends Investigation against Activist Luu Van Vinh for Second Time

Defend the Defenders: Vietnam’s authorities have extended  the investigation period for second time against human rights defender Luu Van Vinh, who was arrested on November 6, 2017 and charged with “carrying out activities aimed at overthrowing the people’s administration” under Article 79 of the country’s Penal Code.

In its letter dated August 18 sent to his wife Mrs. Le Thi Thap, the People’s Procuracy in Ho Chi Minh City said the investigation period will be extended for the second time from July 4 to October 31, 2017.

The first extension ran out on July 3, it noted.

The move will mean that Mr. Vinh will be kept incommunicado at least until late October, and he has not been permitted to meet with his lawyer nor relatives, the practice Vietnam has applied in political cases.

The agency refused to provide her with procedural documents of his case, as she required.

Vinh, 49, is a handyman, electrician and plumber from the northern province of Hai Duong who moved to HCM City several years ago. His family, including three children aged between six and 19-year-old, joined him in 2015. His wife opened a small shop, which it is now difficult for her to keep open without his help.

Vinh participated in many peaceful demonstrations in Hanoi and HCM City to protest China’s violations of Vietnam’s sovereignty in the East Sea (South China Sea) and the Taiwanese Formosa’s discharge of huge amount of toxic industrial waste into sea waters in the central province of Ha Tinh which caused massive death of fisheries in four central coastal provinces.

He had been detained many times, including the three-day arrest in May last year after he took part in a peaceful demonstration on environmental issue.

Vinh was beaten and detained in his private residence in the city during the lunch on November 6 while his friend Nguyen Van Duc Do was arrested after visiting Vinh’s house earlier on the same day. Police also detained between nearly ten others related in the same case on the same day but released them after torturing and interrogating them for several days, the victims said after being released.

The arrests were said to be linked to the Coalition for Self-determined Vietnamese People. Mr. Vinh founded the coalition in mid-July last year and became the president of the organization which aims to end the communists’ political monopoly. All major issues of the country should be decided by the people via referendums, according to its founding statement.

However, Vinh was reported to have left the coalition few days before being detained.

After Vinh’s detention, Amnesty International issued a statement calling on Vietnam’s government to immediately and unconditionally release him and his friend Do.

The arrests of Vinh and other activists are part of Vietnam’s intensifying crackdown against local dissidents, social activists and human rights defenders amid increasing public awareness about the country’s socio-economic problems, including systemic corruption and widespread environmental pollution.

Six activists namely Pham Van Troi, Nguyen Bac Truyen, Truong Minh Duc, Nguyen Trung Ton, Nguyen Trung Truc and Le Dinh Luong were arrested in late July and early August and charged with subversion under Article 79. Human rights lawyer Nguyen Van Dai and his assistant Le Thu Ha who were arrested on December 16, 2015, were also charged with subversion in addition to “conducting anti-state propaganda” under Article 88 of the Penal Code.

Meanwhile, medical doctor Ho Hai was arrested in late October last year and still being investigated on allegation of “conducting anti-state propaganda.”

Recently, Vietnam sentenced two female human rights defenders prominent blogger Nguyen Ngoc Nhu Quynh or Mother Mushroom and Tran Thi Nga to respective ten years and nine years in prison. Ms. Nga has to be under house arrest for additional four years after the imprisonment. Both have children between four and eleven years old.

===== August 24 =====

Imprisoned Human Rights Defender Nguyen Van Dai Officially Charged with Subversion, Anti-state Propaganda, Pre-trial Detention Extended

Defend the Defenders: Vietnam’s authorities have officially charged prominent human rights attorney Nguyen Van Dai with “conducting anti-state propaganda” under Article 88 and “Carrying out activities aimed at overthrowing the people’s administration” under Article 79 of the country’s 1999 Penal Code.

His assistant Le Thu Ha is charged with the same allegation, and the pre-detention for the two human rights defenders will be extended with maximum 20 months more, said Mr. Dai’s lawyer Ha Huy Son.

In its letter dated on August 23 sent to lawyer Son, the Supreme People’s Procuracy said he will not be able to meet with his client until the investigation completes.

Mr. Dai and Ms. Ha were arrested on December 16, 2015 on charged of “conducting anti-state propaganda.” In late July and early August, Vietnam arrested five other activists namely Nguyen Trung Ton, Pham Van Troi, Nguyen Bac Truyen, Truong Minh Duc and Nguyen Trung Truc and charged them with subversion, all of them, together with Mr. Dai and Ms. Ha, have been members of Brotherhood for Democracy .

Mr. Ton is the president of while Mr. Truc is the spokesman of the organization. Mr. Dai, Mr. Troi and Mr. Truyen were founders of the online organization which fights for human rights enhancement and multi-party democracy, however, Mr. Truyen left it several years ago.

According to Vietnam’s current law, individuals convicted with subversion may face life imprisonment or death sentence while for anti-state propaganda, the punishment may be up to twenty years in prison.

Since the arrests of Mr. Dai and Ms. Ha in late 2015, foreign countries such as the U.S., the EU and its members and many international human rights organizations have urged Vietnam to free them immediately and unconditionally because they just exercise their basic rights of peaceful expression, assembly and association enshrined in Vietnam’s 2013 Constitution as well as in international treaties in which Vietnam is a country signatory.

Vietnam has intensified crackdown on local political dissidents, human rights defenders, social activists and bloggers few months ahead of the APEC Summit slated in Danang in November.

In July-August, Vietnam convicted two human rights advocates Nguyen Ngoc Nhu Quynh and Tran Thuy Nga, sentencing to ten years and nine years in prison, respectively. In addition, Ms. Nga has to be under additional four years under house arrest after the imprisonment.

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Blogger Phan Van Bach Detained by Hanoi Police, Interrogated and Beaten in Police Station

Defend the Defenders: On August 24, Hanoi-based blogger Phan Van Bach was forcibly detained by the city police, interrogated and beaten before being released in late afternoon, the victim told Defend the Defenders.

The detention was made after Bach refused to come to the city’s Police Investigation Agency to work as a witness in a case of Mr. Vu Quang Thuan and Mr. Nguyen Van Dien, who were arrested in early March and charged with “conducting anti-state propaganda” under Article 88 of the country’s Penal Code. In July and August, the agency sent a number of letters to summon him to work on the case.

In the early morning of Thursday, a group of ten policemen came to Bach’s private residence in Trung Tu ward, Dong Da district to detain him and took him to the agency’s Office in Tran Hung Dao street.

At the police station, Bach was interrogated by investigation officer Phan Quoc Uy and his supervisor for hours but the blogger remained silent for the most of time. The police officers asked Bach not to continue to conduct live streams on his Facebook account to criticize the ruling communist party and its government, threatening to charge him with “conducting anti-state propaganda.”

Bach said one moment, the police officers went out of the room and one in plain clothes entered to beat him. Later, Uy came and asked others to arrest the attacker but let him go freely.

As Bach refused to cooperate, police was forced to release him after 5 PM. Bach went out and met with dozens of activists who were waiting for him near the police agency.

Bach said the police did not mention further “working meetings.”

Bach, who ran for a seat in the country’s parliament in the general election in May last year but was eliminated unfairly by the Vietnam Fatherland Front, has been a subject of harassment in the past few months.

On August 18, his apartment was attacked with paint and glass particles while the first attack was on the afternoon of July 29 as his apartment was attacked with a mixture made from decaying shrimp, oil waste and dead crabs. One week later, a group of ten people including war veterans and other members from the Fatherland Front, a mass organization working under umbrella of the ruling communist party, came to his apartment to threaten to beat him.

On the afternoon of August 12, two young individuals came to his apartment, threatening to kill him if he continues to criticize the government. At 10 PM of the same day, his apartment was attacked with a substance containing decaying shrimp.

He reported the attacks to the local police, however, the local authorities have yet to take measures to protect his family from the attacks and thugs.

Bach is among several bloggers belong to the Chan Hung Nuoc Viet (Vietnam Revival Movement) which aims to fight for multi-democracy, human rights and transparency in Vietnam. A number of members of the movement has been imprisoned, including founder Tran Huynh Duy Thuc, Vu Quang Thuan, and Nguyen Van Dien. Mr. Thuc is serving his 16-year imprisonment on charge of subversion under Article 79 of the country’s 1999 Penal Code while Mr. Thuan and Mr. Dien were still held for investigation on allegation of “conducting anti-state propaganda.”

Bach and other members of the movement have been summoned by Hanoi police for questioning their relations with Mr. Thuan and Mr. Dien.

The Communist Party of Vietnam and its government closely control media and impose severe censorship in social media. The government has used controversial articles of the Penal Code such as 79, 88 and 258 to silence local political dissidents and online bloggers.

According to the Committee to Protect Journalists, Vietnam is one of countries with highest number of imprisoned journalists while Reporters Without Borders ranked Vietnam at the 175th position out of 180 countries in its World Press Freedom Index in 2017.

===== August 25 =====

Hanoi Land Petitioners Blocked from Meeting with U.S. Diplomats

Defend the Defenders: Hanoi security forces have blocked land petitioners from Duong Noi and Dong Tam from going to meet with U.S. diplomats to present their situations and seek support for their case.

Blogger Trinh Ba Phuong from Duong Noi said they had a meeting with U.S. diplomats in their Embassy in Hanoi on August 25, however from early evening of Thursday until late afternoon of Friday, they were closely followed by plainclothes agents.

In order to protect themselves, Phuong announced the U.S. Embassy for their situation and cancelled the meeting.

Duong Noi and Dong Tam are among many localities in Vietnam where local authorities have seized local residents’ agricultural land for property and industrial development projects without paying adequate compensation.

In April, residents in Dong Tam held hostages of over 40 police officers and local government officers after police in My Duc district beat and detained Le Dinh Kinh, an 82-year local old resident who leads the farmers to protest illegal land grabbing.

The hostage was settled one week later as the Hanoi city’s leadership promised not to investigate to seek responsibilities of farmers in the case, and conduct fair investigation to settle the land disputes.

However, in July and August, Hanoi police summoned around 70 residents in Dong Tam to probe for their roles in the hostage, and declared that the dispute land belongs to the army and will be taken for the military-run telecommunication Viettel Group.

In Vietnam, all land belongs to the state and residents have only right to use it. The central government or local authorities are eligible to seize land for social-economic development projects or selling to industrial and property developers who later sell the land at prices thousands higher than the compensation prices for the land.

Thousands of Vietnamese have not agreed with the low compensation prices and filled petitions to the government, however, the government has not paid enough attention to their voices.

For land seizure in Vietnam, you can read report LAND OWNERSHIP IN VIETNAM & LAND SEIZURE IN ONE-PARTY STATE

Meanwhile, along with blocking hundreds of local activists from going abroad, Vietnam’s security forces have strived not to allow many activists to meet with foreign diplomats and the common practice is to hold the targets under house arrest until the scheduled meetings are over.

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Saigon-based Activist Detained, Interrogated ahead of 72nd National Day

Defend the Defenders: Security forces in Ho Chi Minh City on August 24 detained a local activist Tran Dung (Facebook account Dũng Trần) and interrogated him overnight for nearly 24 hours before releasing him on the next day.

The detention was made as part of the local security forces’ effort to tighten public security one week ahead of the 72nd National Day (September 02).

Dung, a fashion designer, was said to be detained by local police who accused him of being involved in a stealing case. However, at the police station, police said he was arrested on allegation of preparing public demonstrations on the occasion of the 72nd National Day.

After being released on Friday’s afternoon, Dung said he was very tired and sleepless, probably being interrogated overnight.

Meanwhile, local activists said security forces in HCM City detained ten other activists on Saturday. They are friends of Dung, but their names are not available.

===== August 26 =====

Imprisoned Dissident Le Dinh Luong Denied of Having Lawyer

Defend the Defenders: Authorities in Vietnam’s central province of Nghe An have rejected to grant a license for lawyer Ha Huy Son to provide legal assistance for human rights defender Le Dinh Luong, who was arrested on July 26 and charged with “carrying out activities aimed at overthrowing the people’s administration” under Article 79 of the country’s 1999 Penal Code.

In its letter dated August 17 sent to the Hanoi-based lawyer who has legal contract with Mr. Luong’s family to defend him, the Investigation Agency of the Nghe An province’s Police Department said Mr. Luong will not be permitted to have access to lawyers during the investigation period, citing regulations in the Article 58 of the Criminal Procedure Code.

As a common practice in political cases, Mr. Luong will be held incommunicado during the investigation period which will be between four months and 20 months. He will not be allowed to meet with his relatives as well.

For more information on Mr. Luong’s case, please read our archive: /category/le-dinh-luong/