Vietnamese Activists Face Arrest While Trying to Attend Political Trials

Activists gather near the court building on March 23, 2016 to support blogger Nguyen Huu Vinh and Nguyen Thi Minh Thuy

Activists gather near the court building on March 23, 2016 to support blogger Nguyen Huu Vinh and Nguyen Thi Minh Thuy

The circular aims to prevent local activists from coming to political trials to support the defendants, said local human rights defenders, adding the document violates the freedom of assembly enshrined in the country’s 2013 Constitution.

by Vu Quoc Ngu, March 25, 2016

Vietnamese activists are facing detention if they try to attend political trials as well as hearings of other cases relating to other sensitive cases, according to Circular 13 of Vietnam’s Ministry of Public Security.

In its Circular 13, which became effective on March 24, the Ministry of Public Security empowers its security forces to suppress those people gathering in and outside of the court areas and to ensure order in the courtroom.

Security forces are allowed to arrest those who are considered agitating others to cause public disorders in the court building or surrounding areas, the circular states.

The arrested individuals face up to seven years in prison if convicted, according to Article 245 of the country’s Penal Code.

The circular aims to prevent local activists from coming to political trials to support the defendants, said local human rights defenders, adding the document violates the freedom of assembly enshrined in the country’s 2013 Constitution.

Vietnam’s communist government has treated all peaceful gatherings of local activists illegal and often deploys security forces to disperse.

On March 23, one day before the circular becoming effective, Hanoi’s security forces violently dispersed local political dissidents, social activists, human rights defenders and land petitioners who tried to monitor the trial against prominent blogger Nguyen Huu Vinh (aka Anh Ba Sam) and his assistant Ms. Nguyen Thi Minh Thuy. Police kidnapped prominent economist Dr. Nguyen Quang A and social activist Nguyen Dinh Ha near the court building and later interrogated them in police station for hours. Both A and Ha are self-nominees for the upcoming general election for the country’s parliament in May.

Many other activists complained that they were barred by local security forces from going to watch the open trial against the two bloggers who were charged of posting articles which “distort the lines and policies of the party and law of the state, and vilify individuals.”

Vietnamese communists who have ruled the country for decades are vowing to keep the nation under a one-party regime. Their government is using controversial articles 79, 88, 245 and 258 to silence government critics.

In response, the Paris-based Vietnam Committee for Human Rights (VCHR) said the circular is anti-constitutional. Minister of Public Security General Tran Dai Quang, who was elected as the country’s president on April 2, is “overstepping his powers and trampling on the rights enshrined in the Vietnamese Constitution,” said VCHR’s President Vo Van Ai.

New restrictions on the right to demonstrate in Vietnam is overstepping his powers and trampling on the rights enshrined in the Vietnamese Constitution, said VCHR President Vo Van Ai.

Vietnam’s 2013 amended Constitution guarantees the rights of all citizens “to enjoy the right to freedom of opinion and expression, freedom of the press, to have access to information, assemble, form associations and hold demonstrations” (Article 25).

Vietnam has no law on demonstrations. A draft law before the National Assembly has been delayed because of disagreement on the text. Current regulations in force are the government’s Decree 38 and the ministry’s Circular 09 which prohibit gatherings of more than five people outside public buildings without permission from the State.