Vietnam Human Rights Defender Sentenced to Five Years in Prison amid Increasing Crackdown

 

Mr. Nguyen Van Oai’s mother with injured foot after being pushed by police in Vinh on the day of trial

Defend the Defenders, September 18, 2017

On September 18, the People’s Court in Hoang Mai town, Vietnam’s central province of Nghe An sentenced human rights defender and former prisoner of conscience Nguyen Van Oai to five years in prison as part of the communist government’s intensified crackdown on local political dissidents, rights advocates, social activists and online bloggers.

The court found Mr. Oai guilty of “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. The judge gave him three years in prison for the first charge and two years for the second charge, said his lawyer Ha Huy Son who stood that his client is innocent.

In addition, the court said he has to serve four more years in house arrest, considering the additional probation period of the previous sentence had not been done.

None of Mr. Oai’s relatives Oai were allowed to enter the courtroom while foreign diplomatic corps were rejected to send their representatives to observe the trial which is said to be open for public.

On the day of the trial, authorities in Nghe An deployed hundreds of police and militia to ensure maximum security in Vinh city where the trial was held. All roads leading to the court areas were blocked for civilians.

One day prior to the trial, Nghe An sent police to the national road connecting Hoang Mai town and Vinh to stop cars transferring Oai’s relatives and friends in a bid to prevent them from gathering to the city.

Despite harassments from police, tens of Oai’s relatives and supporters managed to come to near the court areas and they were stopped by security forces.

Police said only Oai’s mother and wife can go inside the two women insisted to go together with others. Police rejected their request so the two women stayed outside of the courtroom.

Police requested people to go away from the court areas and pushed them in a street corner. They arrested several activists, including Le Sy Binh and Ho Huy Luat and released them afternoon, beat others including Oai’s mother. They also robbed cell phones of some people.

Along with using jamming devices to block cellular service, police also used Long Range Acoustic Devices (LRADs) imported from the U.S. for the Vietnam Coast Guard to disperse people who held banners calling for immediate and unconditional release of Oai. The devices worked extensively so one of them burned later, observers said.

Mr. Oai, a former prisoner of conscience, was arrested on January 19 when he was fishing near his private house in Hoang Mai town.

Oai, who was imprisoned for four years between 2011 and 2015 on charge of subversion under Article 79 of the Penal Code, got support from domestic and international community after his detention in January. After his arrest, 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.

The arrest and conviction of Oai is part of Vietnam’s intensifying crackdown on local activists.

In late June, Vietnam sentenced prominent human rights advocate Nguyen Ngoc Nhu Quynh to ten years in prison. The communist government will try social activist Tran Thi Nga on July 25 and it is likely to receive heavy sentence too as the two were charged with the same allegation “conducting anti-state propaganda” under Article 88 of the Penal Code.

In July-September, Vietnam arrested Pham Van Troi, Nguyen Trung Ton, Truong Minh Duc and Nguyen Bac Truyen, Nguyen Trung Truc, Nguyen Van Tuc, Le Dinh Luong and charged them with subversion under Article 79 of the Penal Code. They are facing life imprisonment and even death sentences if are convicted. Vietnam also added the same charge to prominent human rights attorney Nguyen Van Dai and his assistance Le Thu Ha who were arrested on December 16, 2015 and charged with “conducting anti-state propaganda” under Article 88 of the Penal Code.

As many as 16 activists have been detained and tried since the beginning of 2017.

Vietnam is imprisoning over 100 activists, according to Human Rights Watch while Amnesty International says the Southeast Asian nation is holding around 90 prisoners of conscience. Hanoi always denies holding any political prisoners, saying it keeps in prison only law violators.