Vietnam Human Rights Defenders Weekly October 17-23, 2016: Human Rights Watch Calls on Vietnam to Reform Penal Code to Respect Rights

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By Defend the Defenders, October 23, 2016

On October 18, Human Rights Watch issued a press release calling on Vietnam’s legislative body National Assembly to respect rights to freedom of expression, association, assembly, and religion of its people as the legislature will consider revision of the Penal Code during its second session on October 20-November 19.

According to the New York-based human rights organization, many articles related to national security in Vietnam’s laws are vaguely defined and often used arbitrarily to punish critics, activists, and bloggers. Therefore, the Vietnamese parliament should take this opportunity to outline clearer rules to be in line with international standards.

The international community continues to slam Vietnam on the recent arrest of prominent blogger and human rights defender Nguyen Ngoc Nhu Quynh. On October 17, Reporters Without Borders (RSF) urges the Vietnamese authorities to release her unconditionally and immediately.

“We urge the authorities to release Nguyen Ngoc Nhu Quynh without delay, along with all the other detained bloggers whose only crime was to provide their fellow citizens with freely-reported information. We welcome the European Union’s call for her release and we urge all EU member countries to issue similar calls. We also ask the EU to adopt strong measures designed to get Vietnam to respect its international human rights obligations,” said Benjamin Ismaïl, the head of RSF’s Asia-Pacific desk.

The unsanctioned Vietnam Interfaith Council, with representatives from Cao Dai, Catholic, Buddhist, Hoa Hao and Protestant on October 20 issued a statement calling for delay of the draft law on religion and beliefs which will be submitted to the parliament for approval in its ongoing second session.

According to the statement signed by 27 representatives of the five religious groups, the final draft law on religion and beliefs aims to tighten control over religious groups.

And other news

 

===== October 17 =====

RSF calls for blogger’s immediate release

Reporters Without Borders (RSF) urges the Vietnamese authorities to release Nguyen Ngoc Nhu Quynh, a blogger who posts under the name of “Me Nam” (Mother Mushroom). Held since 10 October, she is facing a possible 20-year jail sentence on a charge of anti-government propaganda.

Arrested while visiting another dissident in prison in the southern city of Nha Trang, she had been targeted by the authorities for months. According to the public security ministry’s official newspaper, she is accused under article 88 of the penal code of “distorting the truth and history, defaming the ruling Communist Party and inciting violence against the Party.”

Quynh had written about the deaths of civilians in police custody in Facebook posts. She had also recently criticized the way the authorities handled a toxic spill from the Formosa Ha Tinh Steel Corporation, in the north central province of Ha Tinh, which caused the deaths of thousands of tons of fish in April.

According to a police report, the authorities are planning to use more than 400 Facebook posts as evidence against her.

“Once again the authorities are using article 88 of the penal code, a massive deterrent, to silence criticism of the Party and, in this case, to cover up the Party’s mishandling of an environmental crisis,” said Benjamin Ismaïl, the head of RSF’s Asia-Pacific desk.
“We urge the authorities to release Nguyen Ngoc Nhu Quynh without delay, along with all the other detained bloggers whose only crime was to provide their fellow citizens with freely-reported information. We welcome the European Union’s call for her release and we urge all EU member countries to issue similar calls. We also ask the EU to adopt strong measures designed to get Vietnam to respect its international human rights obligations.”

The Vietnamese authorities began a new crackdown in the spring. Last month, a court imposed a five-year jail sentence on the well-known blogger Nguyen Huu Vinh and a three-year sentence on his assistant, Nguyen Thi Minh Thuy.

Independent bloggers are a favourite target of the authorities in Vietnam, where the media are closely controlled and the least criticism of the regime by a journalist can result in arbitrary arrest and prolonged detention.

Vietnam is ranked 175th out of 180 countries in RSF’s 2016 WorldPress Freedom Index.

https://rsf.org/en/news/rsf-calls-bloggers-immediate-release
===== October 18 =====
Human Rights Watch Calls on Vietnam to Reform Penal Code to Respect Rights

Defend the Defenders: Human Rights Watch (HRW) has called on Vietnam’s National Assembly (NA), the country’s highest legislative body, to respect rights to freedom of expression, association, assembly, and religion of its people as the parliament will consider revision of the Penal Code during its coming session on October 20-November 19.

Brad Adams, Asia director of HRW, said that many articles related to national security in Vietnam’s laws are vaguely defined and often used arbitrarily to punish critics, activists, and bloggers. Therefore, he urged the NA to take this opportunity to outline clear rules to be in line with international standards.

Vietnam’s Penal Code includes crimes related to “activities aiming to overthrow the people’s administration” (Penal Code Article 79, penalty up to death sentence); “undermining national unity policy” (Article 87, penalty up to 15 years in prison); “conducting propaganda against the State of the Socialist Republic of Vietnam” (Article 88, penalty up to 20 years); “disrupting security” (Article 89, penalty up to 15 years); and “abusing the rights to freedom and democracy to infringe upon the interests of the state, the rights and interests of individuals” (Article 258, penalty up to 7 years).

In November 2015, the National Assembly passed revisions to the penal code. Instead of repealing articles contrary to human rights standards, lawmakers introduced even harsher provisions, such as adding a new punishment to several of these articles that states, “The person who takes actions in preparation of committing this crime shall be subject to between one and five years of imprisonment.”

HRW cited the newest case of the arrest of Nguyen Ngoc Nhu Quynh by Nha Trang police as an example of the government using one of the Penal Code’s national security provisions to punish peaceful critics. Nguyen Ngoc Nhu Quynh participated in numerous public protests that advocated for human rights and a clean environment.

After arresting her, the police announced that Nguyen Ngoc Nhu Quynh would be detained temporarily for four months. Under the criminal procedure code, in cases related to national security, defense lawyers can only participate in the procedure after the investigation is concluded (article 58). The investigation period can last as long as two years (Article 119), meaning an accused may be detained for up to two years without access to legal counsel.

Vietnam: Reform Criminal Law to Respect Rights
https://www.hrw.org/news/2016/10/17/vietnam-reform-criminal-law-respect-rights

===== October 21 =====
Interfaith Council Issues Statement Calling for Suspension of Approval of Law on Religion

The unsanctioned Vietnam Interfaith Council, with representatives from Cao Dai, Catholic, Buddhist, Hoa Hao and Protestant on October 20 issued a statement calling for delay of the draft law on religion and beliefs which will be submitted to the parliament for approval in its ongoing second session.

According to the statement signed by 27 representatives of the five religious groups, the final draft law on religion and beliefs aims to tighten control over religious groups.

The parliament should not approve the draft but leave it for amendments in order to ensure the citizens’ rights on religions and beliefs as enshrined in the country’s 2013 Constitution and the International Covenant on Civil and Political Rights, to which Vietnam is a state party.

Kháng thư của Hội Đồng Liên Tôn Việt Nam: BÁC BỎ HOÀN TOÀN LUẬT TÍN NGƯỠNG TÔN GIÁO
===== October 22 =====
Police Demolish Virgin Mary Statue, Beating Followers in Dong Yen Parish

On the afternoon of October 22, authorities in Ky Anh district sent a large group of police officers, including heavily-armed mobile police to Dong Yen parish in Ky Phuong ward to destroy a Virgin Mary statue and beat local followers.

Police also threw stones at two houses near the Dong Yen church, causing significant damages to them and injuring two followers in the houses.

Police officers also beat a churchgoer named Cuong.

When many followers came to the scene, police withdrew.

The Dong Yen parish has been among Catholic localities under constant harassment of authorities in Ha Tinh province.