Vietnam Human Rights Defenders’ Weekly January 29-February 4, 2018: Four Pro-democracy Activists Convicted of Conducting Anti-state Propaganda

Defend the Defenders | February 4, 2018

During the week, Vietnam convicted four pro-democracy activists of “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code for their posting on social networks.

On January 31, the People’s Court of Hanoi sentenced three members of the Chan hung Nuoc Viet (Reviving Vietnam Campaign) namely Vu Quang Thuan, Nguyen Van Dien and Tran Hoang Phuc to a total of 20 years and six months in prison and 13 years of probation afterward. According to the indictment, Thuan and Dien produced and disseminated 17 video clips on their Facebook accounts and Youtube to “defame” communist leaders and government while well-educated Phuc was said to have assisted them in posting three video clips.

One day later, the People’s Court in Ho Chi Minh City sentenced medical doctor Ho Hai to four years in prison with an additional two years of probation. He was accused of posting 36 articles and violated Decree 72 of the government on using Internet services and online information. These articles were considered defamation of state leaders and called for boycott of the election of People’s Committees in provincial, district and communal level in May 2016.

While the trial of Hai was kept secret, relatives and friends of Mr. Thuan, Mr. Dien and Mr. Phuc were not allowed to enter the court room. Foreign diplomats and reporters were not permitted to observe the hearing.

On February 2, the US Embassy in Hanoi released a press release to condemn the convictions of the four activists and demanded for their immediate and unconditional release. Reporters without Borders also asked Vietnam’s government to free them.

Vietnam’s authorities are making all efforts to disturb the lawyers to meet six jailed members of the Brotherhood for Democracy and prepare for their defense. So far, the Supreme People’s Court has yet to grant licenses for six lawyers who have been hired to defend Nguyen Van Dai, Le Thu Ha, Nguyen Trung Ton, Pham Van Troi, Truong Minh Duc and Nguyen Bac Truyen although the investigation of the case of subversion ended on December 12 last year.

The detained pro-democracy activists were allowed to meet with their wives and relatives on January 29 after being held incommunicado for nearly six months. Mr. Dai was said to be with poor health, and has not received proper medical care.

Police in the southern province of Dong Nai finally released former prisoner of conscience Doan Van Dien after 38 days of illegal detention. However, police continue their attempts to arrest his son Doan Huy Chuong, who is a former prisoner of conscience and incumbent vice president of the unregistered Viet Labor Movement.

Due to long harassment and interrogation of police in the Central Highlands province of Lam Dong, Sub-dignitary Hua Phi, chair of Representative Committee of the Popular Bloc of Cao Dai Church and a member of the unsanctioned Inter-Faith Council of Vietnam, has fallen in critical health condition with a paralyzed left leg. Police have not allowed his family to take him to hospital for urgent treatment.

Vietnam’s crackdown on local activists continue with planned trials against labor activist and environmentalist Hoang Duc Binh on February 6 and a group of Hoa Hao Buddhist followers on February 9.

===== January 29 =====

Vietnam to Try Three Hoa Hao Buddhist Activists on February 9 

Defend the Defenders: Authorities in Vietnam’s southern province of An Giang will try three religious activists Bui Van Trung, Bui Van Tham and Nguyen Hoang Nam on February 9, more than seven months of their arrests, Ms. Bui Thi Tham, a daughter of Mr. Trung told Defend the Defenders.

Mr. Trung and his son Mr. Tham were arrested on June 26, 2017 while their common friend Nam was detained one day later.

Trung, 58, is charged with “resisting persons in the performance of their official duties” under Article 257 of the country’s 1999 Penal Code while Tham was accused of “causing public disorders” under Article 245 and “resisting persons in the performance of their official duties” under Article 257 of the same law.

Mr. Nam was alleged of “causing public disorders.”

According to the current Vietnamese law, people may face imprisonment of up to seven years for every charge of the two allegations.

Ms. Tham was also detained on the day of the arrest of her father and brother, but released several hours later due to her weak health condition. Police brutally beat her, resulting in breathing difficulties.

Both Trung and Tham were former prisoners of conscience. They were arrested in 2012 due to their religious freedom activities. Later, Trung was sentenced to four years in prison while the son was given 30 months in prison on allegation under Article 257.

Trung, Tham and Nam have been listed as prisoners of conscience by BPSOS, Defend the Defenders and other 12 other international and domestic NGOs in their Now! Campaign.

===== January 30 =====

Dong Nai Police Release Former Prisoner of Conscience Doan Van Dien after 38 Days of Illegal Detention, Still Seeking for His Son Doan Huy Chuong

Defend the Defenders: Police in Vietnam’s southern province of Dong Nai have released former prisoner of conscience Doan Van Dien after 38 days of arbitrary detention but still sought for his son Doan Huy Chuong, who is a vice president of the unsanctioned Viet Labor Movement.

Mr. Dien, who was detained on December 24 last year, was freed on January 30, his family informed Defend the Defenders.

Police forced the oldest son of Mr. Dien namely Doan Huy Tam to make a commitment to inform them if he is participating in any anti-state organization. However, the main target of the police is Mr. Dien’s second son Chuong, who is also a former prisoner of conscience released in February last year after serving seven years in prison for his union activities.

Police interrogated Tam about his younger brother Chuong, requesting him to provide a telephone number of Chuong who has been forced to hide since late December after his father’s detention.

Chuong’s activities aiming to help workers, especially in foreign-invested companies to fight for higher salaries and better working conditions are the reason Vietnam’s authorities want to arrest him.

Prioritizing higher gross domestic product (GDP), Vietnam’s government has supported companies, including foreign-invested ones, but ignored environmental pollution and workers’ lives. According to state media, the average income of Vietnamese workers is ten times lower that the ASEAN average workers’ salary.

Since being released in February 2017, Chuong has continued working for workers’ rights. He is one of the most active figures of the Viet Labor Movement.

===== January 31 =====

Vietnam Convicts Three Human Rights Defenders, Sentencing Them to Total of 20 Years and Six Months in Prison

Defend the Defenders: On January 31, the People’s Court of Vietnam’s capital city of Hanoi convicted three activists Vu Quang Thuan, Nguyen Van Dien, and Tran Hoang Phuc of “conducting anti-State propaganda” under Article 88 of the country’s 1999 Penal Code, giving them a total of 20 years and six months in prison and 13 years under house arrest afterward.

During the one-day trial, the judge concluded Mr. Thuan and Mr. Dien were found guilty of conducting anti-state activities under Clause 1 of Article 88, particularly for producing and disseminating 17 video clips which defame the ruling communist party and its leaders while Mr. Phuc was said to assist the two activists in making and posting three of them on Internet.

Mr. Thuan was sentenced to eight years and six months in prison and additional five years of probation while Mr. Dien was given six years and six months of jail and four years of probation. Well-trained Phuc received the lightest sentence of six years in jail and additional four years of probation.

One of their lawyers said that during the trial, Mr. Thuan requested the judge to use a computer to show the trio’s video clips as evidences against them for discussion but the judge denied, arguing that the court has not been equipped with such device. The judge also rejected the proposal of Thuan who said he is willing to donate a sum of VND50 million (around $2,200) for the court to purchase a modern set of computer and screen for the purpose.

Relatives of the trio were not allowed to enter the courtroom of the so-called open trial, the mother of Mr. Phuc told Defend the Defenders, adding they were kept far from the court area while all the roads leading to the court were blocked by numerous police officers and militia.

A diplomat from the EU told Defend the Defenders that the 28-nation bloc’s Delegation in Vietnam and also on behalf of some members countries such as Germany, Sweden and France had made a request to sending representatives to observe the trial, but the request was denied.

Many activists in Hanoi and Ho Chi Minh City complained that local authorities sent plainclothes agents and militia to their private residence to station in the early morning of Wednesday in a bid to prevent them from gathering near the court areas to support the activists who are members of the Chan hung Nuoc Viet (Reviving Vietnam Campaign).

Mr. Thuan and Mr. Dien were arrested in early March while Mr. Phuc was detained on July 3 last year. They were firstly kidnapped by Hanoi police who later prosecuted them for anti-state propaganda, one of the controversial articles in the national security provisions in the Penal Code often used to silence peaceful activists.

Several months before being arrested, Mr. Thuan and Mr. Dien had produced and posted on their Facebook pages many video clips in which Mr. Thuan as a speaker criticized the Communist leaders and their government for human rights violations, corruption, and weak response to China’s violations of the country’s sovereignty in the East Sea (South China Sea).

Late President Ho Chi Minh and incumbent General Secretary Nguyen Phu Trong are among the figures criticized by Mr. Thuan. Their clips were viewed by millions of Vietnamese Internet users.

The trio was held incommunicado since their arrests until recent months when the investigation was completed. They were allowed to meet with lawyers to prepare for their defense. However, they have yet to be permitted to meet with their families.

After their arrests, some members of the Chan Hung Nuoc Viet had also been summoned to police stations for questioning. However, other members of the campaign continue their live streams on Facebook to provide independent TV channels to address social issues of the country, especially in land grabbing, miscarriage of justice, human rights abuse, and corruption. Their programs have attracted hundreds of thousands of people who have lost their trust in the state media.

The Chan Hung Nuoc Viet was established by technocrat and entrepreneur Tran Huynh Duy Thuc, who is serving his 16-year imprisonment after being convicted guilty on allegation of subversion in 2010.

The arrests and conviction of the three members of the Chan Hung Nuoc Viet are part of Vietnam’s ongoing crackdown on political dissidents, human rights defenders, social activists and online bloggers which started in early 2016 when the Communist Party of Vietnam selected its new leadership with many police generals being appointed to senior positions of the party and its government.

The political persecution was severe last year as Vietnam detained at least 45 activists and charged most of them with serious accusations such as “conducting anti-State propaganda” under Article 88 and subversion under Article 79 of the Penal Code 1999.

Last year, Vietnam convicted at least 19 activists, including human rights defenders Nguyen Ngoc Nhu Quynh and Tran Thi Nga, anti-corruption activist Phan Kim Khanh, and bloggers Nguyen Van Oai and Nguyen Van Hoa. All of them received heavy sentences ranging from five years to ten years in prison.

In order to keep the country under a one-party regime, Vietnam has shown little tolerance to local dissent.

According to Amnesty International, Vietnam is holding around 100 prisoners of conscience while BPSOS, Civil Rights Defenders, and Defend the Defenders and 11 other partners said in their Now!Campaign in November last year that the number is closer to 165 at least.

Hanoi always denies imprisoning any prisoner of conscience claiming it only imprisons those who violate the law.

===== February 1 =====

8th Vietnamese Activist Convicted of Conducting Anti-state Propaganda So Far This Year

Defend the Defenders: Medical doctor Ho Hai has become the 8th Vietnamese dissident convicted of “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code so far this year.

State media has reported that Dr. Hai, who was arrested on November 2, 2016, was found guilty of producing and disseminating many articles which defame state leaders and call for boycott of the election of People’s Committees in provincial, district and communal level.

According to the indictment of the People’s Court in Ho Chi Minh City on February, Dr. Hai had posted 36 articles which violate Decree 72 of the government on using Internet services and online information.

He was sentenced to four years in prison with an additional two years of probation.

The trial was unknown for most of activists in the country ruled by communists for decades. Many activists in HCM City said they didn’t know why local authorities had placed them under house arrest that day until reading news on the state media.

So far this year, Vietnam has convicted eight government critics, all of them were accused of “conducting anti-state propaganda,” one of many controversial articles in the national security provision in the Penal Code.

On January 23, the People’s Court in the southern province of An Giang convicted four Hoa Hao Buddhist followers Vuong Van Tha, Vuong Van Thuan, Nguyen Nhat Truong and Nguyen Van Thuong. They were given total of 31 years in prison and 12 years of probation after that.

On January 31, the People’s Court in Hanoi sentenced Vu Quang Thuan to eight years in prison, Nguyen Van Dien to six and half years and Tran Hoang Phuc to six years in jail. Thuan was given additional five years under house arrest while the other two activists were granted with four years of probation each.

Vietnam postponed the trial of labor activist Hoang Duc Binh on January 25. The communist government also planned to hold a trial of Bui Van Trung, Bui Van Tham and Nguyen Hoang Nam on February 9.

Vietnam continues its crackdown on local dissidents and social activists which started in late 2015.

Last year, Vietnam arrested at least 45 activists and convicted 19 of them with heavy sentences from three to 16 years in prison.

According to a coalition consisting of BPSOS, Defend the Defenders, Civil Rights Defenders, and 11 other partners, Vietnam held 165 prisoners of conscience by late November last year. The figure did not include 15 activists Vietnam convicted in December.

===== February 3 =====

Vietnamese Religious Activist Hua Phi under Critical Health Condition after Being Interrogated by Police

Defend the Defenders: Sub-dignitary Hua Phi, Chair of Representative Committee of the Popular Bloc of Cao Dai Church and a member of the unsanctioned Inter-Faith Council of Vietnam, has fallen in a critical health condition after being interrogated by authorities in Vietnam’s Central Highlands province of Lam Dong, Defend the Defenders has learned.

Currently, Mr. Hua Phi has a paralyzed left leg which may have been caused by a brain blood stroke, informed other members of the Inter-Faith Council of Vietnam, a coalition of clergies of many independent religious groups in the communist nation.

His health has been worsened after consecutive interrogations by Lam Dong police from January 12-28 about his interviews to foreign outlets, meetings with international delegations on religious freedom as well as his writings criticizing Vietnam’s government policies on a number of issues.

He has been summoned to a communal headquarters in which police officers questioned him for hours, other activists said.

Due to police’s pressure, he was said to collapse many times while his blood pressure jumped over 210 from 120.

As his health worsened, police took him to his private residence by a taxi but sent officers to his house to ask him to go to a local police station for interrogation. Police have also not allowed his family to take him to a hospital for urgent treatment.

Lam Dong authorities have also sent police to station near his house to prevent other members of the Inter-Faith Council of Vietnam to come to visit him.

Mr. Hua Phi has been under close police surveillance. In November last year, he was placed under house arrest when Vietnam hosted the APEC Summit in a bid to prevent him from informing international delegates about abuses of religious freedom and human rights. Many world leaders, including US President Donald Trump attended the event to work to promote economic cooperation between countries in Asia-Pacific region.

===== February 4 =====

Vietnam Authorities Strive to Delay Permission for Lawyers to Prepare Defense for Key Members of BFD 

Defend the Defenders: Vietnam’s authorities are striving to delay granting permission for lawyers to prepare defense for six key members of the unsanctioned Brotherhood for Democracy (BFD) who were prosecuted for subversion, a wife of one of detainee told Defend the Defenders.

Mrs. Vu Minh Khanh, the wife of prominent human rights attorney Nguyen Van Dai said so far, lawyers have not been granted permission to get access to the documents of the case nor meet with their clients who are hold at the B14 detention facility in Hanoi.

The investigation of the case ended on December 12 last year, and the Police Investigation Agency under the Ministry of Public Security handed over the investigation results to the Supreme People’s Court, advising to prosecute Mr. Dai, Mr. Nguyen Trung Ton, Mr. Pham Van Troi, Mr. Truong Minh Duc, Mr. Nguyen Bac Truyen and Ms. Le Thu Ha on allegation of “Carrying out activities aimed at overthrowing the people’s administration” under Article 79 of the country’s 1999 Penal Code.

The Supreme People’s Court requested the lawyers hired by the activists or their families to come together to the agency to work with it on permission, Mrs. Khanh.

The court’s request is difficult for the lawyers since the lawyers are in different locations and have difficulties in finding a common suitable time for them and for the court to meet, Khanh said, adding both lawyers and the court are busy with other cases.

Mr. Dai has signed contracts to have three lawyers namely Nguyen Van Mieng and Doan Duyen Hai from Ho Chi Minh City and Ha Huy Son from Hanoi, but the court said the last one cannot be Dai’s lawyer because Son may be a witness of the case, Khanh said, adding in fact Mr. Son does not know any activities of her husband.

Authorities in B14 detention facility managed by the ministry have also strived to delay permission for the lawyers to meet with the jailed activists. They said that the attorneys may visit their clients on February 8, one week later than the time the lawyers requested.

On January 29, the detained activists were allowed to meet with their wives in two different rooms divided by thick glass. Khanh said her husband’s health is not good as his skin is not typical for people who are held in closed room for two years, with dark gray on his face.

Khanh said her husband has suffered from colon disease and he has not been provided with proper treatment in custody. In addition, he feels great pain due to the attack of plainclothes agents few days before being arrested on December 16, 2015.

In 2006, Dai founded the Committee for Human Rights in Vietnam, dedicating his life to civil empowerment through legal means with programs aimed at expanding legal networking, building capacity for future human rights defenders and increasing legal education by disseminating and authoring publications on civil and legal rights. He was arrested in 2007 and later sentenced to four years in prison and four years under house arrest on allegation of “conducting anti-state propaganda” under Article 88 of the 1999 Penal Code.

He was released in 2011 and two years later he and other activists formed BFD, an online group working for multi-party democracy and human rights in Vietnam.

In late 2015, he and his assistant Le Thu Ha were arrested and charged with anti-state propaganda.

On July 30 last year, Vietnam arrested Pham Van Troi, Nguyen Trung Ton, Truong Minh Duc and Nguyen Bac Truyen, all of them are former prisoners of conscience and key members of BFD, and alleged them of subversion.

Vietnam’s authorities also charged Dai and Ha with subversion.

According to the current Vietnamese law, these activists could face life imprisonment and even the death sentences if convicted.

The arrests of Dai and other activists have been condemned by many foreign governments including the US, Germany and France, numerous international human rights organizations and local activists. They have called on Vietnam’s communist government to release them immediately and unconditionally because the detained activists have done nothing wrong but exercised their basic rights enshrined in the country’s 2013 Constitution and international conventions in which Vietnam is a signatory party.

BFD is one of the main targets of Vietnam’s ongoing political crackdown on local dissents which started in late 2015 when the ruling Communist Party of Vietnam prepared for its 12th National Congress.

Last year, Vietnam arrested at least 45 activists and convicted 19 of them with hard sentences of between three and 16 years in prison. So far, 10 members of BFD have been arrested and nine of them were charged with subversion, one of many controversial articles in the Penal Code’s national security provisions which are often used to silence dissidents and human rights defenders as well as social activists and bloggers.

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