Vietnam Human Rights Defenders’ Weekly Report May 22-28: Vietnam Upholds Sentences against Two Political Activists Tran Anh Kim, Le Thanh Tung

Defend the Defenders | May 28, 2017

On May 26, the Higher People’s Court in Vietnam’s capital city of Hanoi rejected the appeals of two political activists, Tran Anh Kim and Le Thanh Tung, finding them guilty of conducting “attempts to overthrow the people’s government” under Article 79 of the country’s Penal Code.

The court upheld the 13-year imprisonment sentence for 68-year-old Kim and 12-year sentence for Mr. Tung handed by the People’s Court of the northern province of Thai Binh in December 2016. In addition, the two will be placed under house arrest for five and four years respectively, after completing their terms.

On May 24, U.S. Acting Assistant Secretary for Democracy, Human Rights, and Labor at the Department of State Virginia Bennett met with some Vietnamese activists in Ho Chi Minh City, one day after the 21st session of the annual Vietnam-U.S. Human Rights Dialogue and a week before the trip of Vietnamese Prime Minister Nguyen Xuan Phuc to Washington D.C.

Human rights lawyer and former prisoner of conscience Le Cong Dinh, President of the Independent Journalists’ Association of Vietnam Dr. Pham Chi Dung, President of the independent Vietnam Women for Human Rights Huynh Thuc Vy, and President of Bach Dang Giang and coordinator of the Former Vietnamese Prisoners of Conscience Association Pham Ba Hai, as well as former prisoner of conscience Nguyen Bac Truyen, participated in the meeting which took place in the residence of the U.S. General Consul in HCM City Mary Tarnowka.

Two days earlier, the U.S. delegation invited some Hanoi-based activists to a dinner; however, local security blocked Dr. Nguyen Quang A and environmentalist Pham Doan Trang from going to the meeting.

On May 24, Vietnam’s highest legislative body the National Assembly held a heated discussion on Article 19 in the 2015 Penal Code that requires a lawyer to denounce his/her client if the latter commits any of the 86 listed serious criminal offenses. Many lawyers agreed that such regulation will affect the lawyer code stipulated in the 2013 Constitution and other legal documents as well as run counter to the lawyer’s conscience and professional ethics.

Also on May 24, member of Vietnam’s National Assembly Nguyen Thi Xuan, who is deputy police chief of the Central Highlands province of Dak Lak, suggested adding criminal charges for those humiliating or slandering leaders of the ruling Communist Party of Vietnam and the state to the 2015 Penal Code. Currently, Vietnam sets out the charge for slandering in Article 122 and that for humiliation in Article 121 of the Penal Code.

And other news

===== May 22 =====

Prominent Dissident Nguyen Quang A, Well-known Blogger Doan Trang Barred from Meeting with U.S. Delegation

Defend the Defenders: Vietnam’s security forces in Hanoi effectively blocked prominent dissident Dr. Nguyen Quang A and well-known blogger and activist Pham Doan Trang, preventing them from going to a dinner on May 22 with the U.S. delegation, which will participate in the 21st session of the annual Vietnam-U.S. Human Rights Dialogue scheduled for May 23.

Both activists have been under heavy police surveillance several days prior to the meeting. Hungary-trained PhD holder A said his private house had been surrounded by a group of between six and ten police officers, while Ms. Trang said dozens of policemen have been stationed around her flat in recent days, threatening her and her friends who came to support her. Plainclothes agents even beat one of her guests and threatened to kill others.

On Monday, Hanoi’s authorities sent a police car to Dr. A’s house and police forced him to go with them to Hai Duong city, around 60 km from the capital city. He was freed in late evening of the same day.

===== May 23 =====

Amnesty International Sends Open Letter to Vietnam on Case of Jailed Activist Tran Huynh Duy Thuc

Defend the Defenders: The London-based Amnesty International has sent an open letter to Vietnam’s Minister of Public Security To Lam to draw attention to the situation of Tran Huynh Duy Thuc, who has been serving a 16-year prison sentence since May 2009 at Prison No. 6 in the central province of Nghe An.

In the letter dated May 19 and posted on its website on May 23, Amnesty International called on Vietnam’s prison authorities to treat Mr. Thuc with dignity and respect, and as a minimum, in accordance with the “Nelson Mandela Rules” while he is incarcerated.

The letter detailed the poor jail conditions Mr. Thuc is in: lack of lighting in his cell and the prison authorities’ refusal to transmit letters between him and his family and to allow him to access to reading material.

Mr. Thuc has also been threatened with reprisals for speaking up for the human rights of other prisoners.

Therefore, Amnesty International urges Vietnam to release Mr. Thuc immediately and unconditionally and quash his conviction.

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Vietnam Activist among 5 Finalists for Award for Human Rights Defenders at Risk

Defend the Defenders: Vietnamese blogger and former prisoner of conscience Pham Thanh Nghien has been in a short list of five finalists for the 2017 Award for Human Rights Defenders at Risk of the Dublin-based organization Front Line Defenders.

Mrs. Nghien and the four other finalists for the prestigious award were selected amongst 142 nominations from 56 countries, including Ukraine, Nicaragua, South Africa and Kuwait. Others finalists are Crimean Tatar human rights lawyer Emil Kurbedinov, land and environmental activist Nonhle Mbuthuma from South Africa, imprisoned human rights activist Abdulhakim Al Fadhli from Kuwait, and human rights defender Francisca Ramírez Torres from Nicaragua.

“These five defenders demonstrate the tenacity and will to persist in the face of severe, often life-threatening risks,” said Executive Director of Front Line Defenders Andrew Anderson.

The recipient of the 2017 Front Line Defenders Award for Human Rights Defenders at Risk will be announced at a ceremony at Dublin’s City Hall on May 26.

Blogger Nghien worked to raise awareness of the violations committed against, and to defend the rights of relatives of fishermen killed by Chinese patrols. In 2008, she was arrested and later sentenced to four years in prison on charges of “anti-state propaganda” under Article 88 of Vietnam’s Penal Code.

Following her release, she was kept under house arrest, during which time she spearheaded numerous human rights campaigns and co-founded the renowned Vietnamese Bloggers’ Network.

She has been constantly harassed since. The local police in Haiphong city raided her home, blocked her from attending medical appointments, and refused to deliver her a marriage certificate.

Nghien has also survived numerous physical assaults aimed at stopping her brave, peaceful work uncovering and raising awareness about human rights violations in Vietnam.

The annual Front Line Defenders’ Award for Human Rights Defenders at Risk was established in 2005 to honor the work of human rights defenders who, through non-violent work, courageously make outstanding contributions to the promotion and protection of the human rights of others, often at great personal risk to themselves.

The award seeks to focus international attention on the human rights defender’s work, thus contributing to the award recipient’s personal security, and a cash prize of €15,000 is awarded to the Award recipient and his/her organization in an effort to support the continuation of their important work.

===== May 24 =====

U.S. Acting Assistant Secretary Meets with Human Rights Activists in HCM City

Defend the Defenders: On May 24, U.S. Acting Assistant Secretary for Democracy, Human Rights, and Labor at the Department of State Virginia Bennett met with some Vietnamese activists in Ho Chi Minh City, one day after the 21st session of the annual Vietnam-U.S. Human Rights Dialogue and a week before the trip of Vietnamese Prime Minister Nguyen Xuan Phuc to Washington D.C.

Human rights lawyer and former prisoner of conscience Le Cong Dinh, President of the Independent Journalists’ Association of Vietnam Dr. Pham Chi Dung, President of the independent Vietnam Women for Human Rights Huynh Thuc Vy, and President of Bach Dang Giang and coordinator of the Former Vietnamese Prisoners of Conscience Association Pham Ba Hai, as well as former prisoner of conscience Nguyen Bac Truyen, participated in the meeting which took place in the residence of the U.S. General Consul in HCM City Mary Tarnowka.

The U.S.’s side invited prominent dissident Dr. Nguyen Dan Que to the dinner-meeting, however, he was blocked from going to the event by local security forces.

During the meeting, Ms. Bennett informed the activists that the U.S. has requested Vietnam to ensure the rights to association, freedom of speech, and freedom of religious during the dialogue.

However, although Hanoi authorities seemed to be listening, she couldn’t guarantee for certain what Vietnam will do.

Ms. Bennett said she asked approval from PM Phuc for the meeting.

Mr. Hai, who is a former prisoner of conscience, said it’s unlikely that Vietnam will follow the U.S. proposals.

He suggested the U.S. side make bolder moves such as adding human rights standards to trade deals with Vietnam, the only way to bind Vietnam to change and respect the work of human rights activities.

Lawyer Dinh also brought attention to the case of prisoner of conscience Tran Huynh Duy Thuc and called on the U.S. to intervene for Mr. Thuc’s release.

Besides these topics, the Vietnamese activists also raised issues related to the marine pollution caused by Formosa last year, the lack of religious freedom, the close watch over movements of many activists.

During their stay in Hanoi, the U.S. delegation invited prominent dissident Dr. Nguyen Quang A and well-known blogger Pham Doan Trang to a dinner. However, Ms. Trang was blocked from going out while Dr. A was forced to go with security forces to Hai Duong province about 60 km from the capital city.

In March, the U.S. Department of State released its annual report on human rights practices in Vietnam in 2016, which points out that there are still “severe government restrictions of citizens’ political rights, particularly their right to change their government through free and fair elections; limits on citizens’ civil liberties.”

In response, Vietnam immediately voiced objection to this report, slamming it as lacking objectivity and failing to reflect the situation in Vietnam.

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Legislator Suggests Criminalizing Those Slandering, Humiliating Leaders

Defend the Defenders: On May 24, member of Vietnam’s highest legislative body the National Assembly Nguyen Thi Xuan, who is deputy police chief of the Central Highlands province of Dak Lak, suggested adding criminal charges for those humiliating or slandering leaders of the ruling Communist Party of Vietnam and the state to the 2015 Penal Code.

Ms. Xuan proposed adding the rule to Articles 155 and 156 of the Penal Code, which was delayed from being implemented last year due to “a number of errors.” Currently, Vietnam sets out the charge for slandering in Article 122 and that for humiliation in Article 121.

Xuan stressed that the recent issue of slandering or humiliating state leaders often comes up during important periods such as the party’s National Congresses and the country’s general elections, which can “cause confusion” and “hurt the belief of the public in the authorities.”

Ms. Xuan also asserted that several countries have imposed penalties for such offenses.

Earlier, the Vietnamese government has asked Google to remove around 2,200 videos that it deemed to be “toxic” contents. These videos were often uploaded by local and foreign-based dissidents.

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Parliament Debates Lawyer’s Obligation to Denounce Client for Serious Offenses

Defend the Defenders: On May 24, Vietnam’s highest legislative body the National Assembly held a heated discussion on Article 19 in the 2015 Penal Code, which requires a lawyer to denounce his/her client if the latter commits any of the 86 listed serious criminal offenses.

Many lawyers agreed that such regulation will affect the lawyer code stipulated in the 2013 Constitution and other legal documents, as well as run counter to the lawyer’s conscience and professional ethics.

However, legislator Nguyen Thi Thuy from the northern province of Bac Kan, disagreed with this point, arguing that it is inappropriate for a lawyer not to denounce his/her client who has committed a very serious crime.

She also objected to exempting a lawyer from any liability in case of failing to report a crime pertaining to national security, terrorism, serial murder, child sexual abuse, and infant swap.

Legislator Truong Trong Nghia from Ho Chi Minh City, a lawyer by profession, responded to Ms. Thuy by appealing to the 2013 Constitution and lawyers’ rights as human rights.

He noted that using the word “denounce” in the 2015 Penal Code is incorrect for it takes away the presumption of innocence that every defendant should have.

Mr. Nghia added that allowing a lawyer to denounce his/her client could jeopardize Vietnam’s business-investment environment as in other countries there exists a lawyer-client privilege.

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Vietnam-related Human Rights Events Scheduled Prior to Trump-Phuc Meeting

Defend the Defenders: Ahead of the meeting between U.S. President Donald Trump and Vietnamese Prime Minister Nguyen Xuan Phuc at the White House due to take place on May 31, a number of activities concerning human rights and religious freedom in the Southeast Asian country will take place in Washington D.C.

A press release from the Office of Representative Chris Smith, chairman of the House panel on global human rights, dated May 19, announced about a House hearing on May 25 on “Vietnam: Why Religious Freedom and Human Rights are Critical to U.S. National Interests.”

An unnamed source from the White House disclosed that on May 26, Matt Pottinger, special assistant to the President and senior director for East Asia at the National Security Council, will chair a roundtable discussion with leaders of Vietnamese civil society organizations in the U.S..

Another source revealed that Nguyen Thi My Phuong, the daughter of Hoa Hao Buddhist follower Nguyen Huu Tan who died of unclear cause at the Vinh Long police station early May, will also visit the U.S. capital to present the case. Mr. Tan was arrested by the Vinh Long police on May 2 and died one day later with cut in his throats which the police claimed was suicide.

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Handbook on child sexual abuse talks launched in Vietnam

Scand Asia News: Some parents can feel very confident dealing with concrete issues like teaching their children the values of right and wrong. But what happens when they want to talk openly with young children about their own bodies, sexuality and boundaries? How do they teach children at an early age that their body is their own and that no one can touch it without permission, or help them respond when they feel threatened or uncomfortable?

The handbook “Respect! My Body!” can be a very important tool to help. Released by Save the Children Sweden as part of an integrated child sexual abuse campaign, it offers advice and good tips to parents and other adults on how to teach children of different ages to protect themselves from sexual abuse and how to speak openly about sexuality, private body parts, safe and unsafe touching, and what is and what is not allowed for adults to do when in contact with children.

The handbook that was previously only available in Swedish, English, Spanish and Arabic, is now translated into Vietnamese and made available for the first time at a launching event in Hanoi.

Pereric Högberg, Ambassador of Sweden to Vietnam, took part of the launching event at Trung Hoa Junior High School, Cau Giay, Hanoi. Numerous principals and general heads from primary and secondary schools, organizations, media and especially interested parents showed up for the launch as well.

The event was co-organized by the Swedish Embassy, ​​the Vietnam Relief Office of the Save the Children Foundation and the Internet and Social Research Program, under the leadership of the University of Social Sciences and Humanities.

“There is no better job, nor more difficult job than parenting. The moment we become parents, our lives change and the greatest concern of parents is how to make sure their children grow up safe, healthy and happy. Still, children are often at risk and even harmed. Recently, in Vietnam, the public has been informed about a number of child abuse cases, including sexual assault. According to data from the Ministry of Labor, Invalids and Social Affairs, more than 1,200 child sexual abuse cases have been reported in Vietnam in 2016. This damage has been, and is, seriously affecting the development of children,” said Dragana Strinic, Country Director of Save the Children in Vietnam, in her speech at the launch.

Sharing the views, Ambassador Pereric Högberg emphasized.

“Investing in children and taking appropriate measures to prevent and protect them from violence and abuse is our priority. Child abuses in any country in Sweden or Vietnam or in any environment and circumstances are unacceptable and are certainly condemned,” he said.

“As parents and adults, we often avoid topics that promote fear or inappropriate thinking in young children. However, the experience in Sweden shows that having open talks with children about the right to their own body and the limits of body contact is very important.”

===== May 25 =====

Hanoi Farmers Question Legislators’ Role in Land Disputes: Vietnam Lawmaker

Defend the Defenders: Farmers in Dong Tam, Hanoi who held hostage nearly 40 state officials and policemen in a land dispute case last month have complained that they did not receive support from the elected legislators during the incident, member of Vietnam’s highest lawmaking body National Assembly Duong Trung Quoc has said.

Speaking at the ongoing session of the Parliament in Hanoi on May 23, Mr. Quoc said when he came to Dong Tam commune together with Hanoi People’s Committee’s Chairman Nguyen Duc Chung to settle the incident, local farmers questioned the role of the legislators elected by the local residents.

“Why didn’t you come earlier to review the case and help us?” was the farmers’ question when he met them, said Quoc who was elected as a candidate in Dong Nai province.

Mr. Quoc also raised his concern that the Parliament has no plans to work on the bills of demonstration and associations.

Demonstration is the citizens’ right enshrined in the Constitution, so the Parliament needs to build it as soon as possible to allow citizens to exercise their right, he said.

He urged the Parliament to be more active in law building.

Legislator Bui Van Xuyen from Thai Binh said the government has not paid enough attention in developing some bills, including the bills on associations and demonstration.

The National Assembly discussed the bill on associations in its previous session, saying it needs to be perfected but this session is ignoring the bill, he noted.

===== May 26 =====

Vietnam Upholds Sentences against Political Activists Tran Anh Kim and Le Thanh Tung

Defend the Defenders: On May 26, the Higher People’s Court in Vietnam’s capital city of Hanoi rejected the appeals of two political activists, Tran Anh Kim and Le Thanh Tung, finding them guilty of conducting “attempts to overthrow the people’s government” under Article 79 of the country’s Penal Code.

The court upheld the 13-year imprisonment sentence for 68-year-old Kim and 12-year sentence for Mr. Tung handed by the People’s Court of the northern province of Thai Binh in December 2016. In addition, the two will be placed under house arrest for five and four years respectively, after completing their terms.

According to the indictment, Mr. Kim, 67, had the intention to establish an organization called “People Forces for Democracy Promotion” with the participation of army officers to overthrow the current regime and replace it with a democratic government. The two activists planned to publicize their organization on September 21, 2015, but Vietnam’s security forces arrested Mr. Kim a few hours before the organization’s debut.

Mr. Kim, a former lieutenant of the Vietnam People’s Army and deputy head of the military political department of Thai Binh city before the 1990s, is a former political prisoner. From 1995-2005, he participated in a number of groups which promoted multi-party democracy, including the 8406 Bloc. He assisted farmers whose land was illegally seized by local authorities in seeking justice and participated in anti-corruption campaigns.

Mr. Kim was honored with the Hellman/Hammett Prize awarded by the New York-based organization Human Rights Watch in 2009.

He was arrested in July 2009 and charged with attempting to “overthrow the people’s government” under Article 79 of the Penal Code. He was later sentenced to five-and-a-half years in jail and released in July 2015.

Mr. Tung is also a former prisoner of conscience, who completed his four-year term mid-2015. Mr. Tung is a member of pro-democracy Bloc 8406. After being freed, Mr. Tung committed to continue to fight for multi-party democracy in Vietnam.

Tung was re-arrested mid-December 2015 when he went to work in the Central Highlands province of Gia Lai.

Human rights lawyer Vo An Don, who is among the group of lawyers defending the accused, said his clients are innocent as their activities were simply unrealized ideas.

In order to prevent activists to attend the “open appeal” of Kim and Tung, security forces in Hanoi and many localities prevented them from going out of their private residences on Thursday and Friday. All roads leading to the courtroom were blocked.

The sentences of Kim and Tung were upheld amid an intensified crackdown against local dissidents, social activists and human rights defenders. Recently, Vietnam has arrested and issued national warrants for numerous activists, including Vice Chairman of the Viet Labor Movement Hoang Duc Binh, member of Vietnam Pathway Bach Hong Quyen and former prisoner of conscience Thai Van Dung. A number of other activists have been held for lengthy periods of time without being brought to court, such as human rights lawyer Nguyen Van Dai and his assistant Le Thu Ha, well-known blogger and human rights defender Nguyen Ngoc Nhu Quynh, political activist Luu Van Vinh and his friends, and human rights activist Tran Thi Nga.

Both Kim and Tung are among 82 prisoners of conscience whom the London-based Amnesty International has urged Vietnam to free unconditionally and immediately.

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Crimean Tatar Activist Wins 2017 Award for Human Rights Defenders at Risk

Front Line Defenders: Defending human rights activists and political prisoners is some of the most dangerous work a lawyer can do in Crimea. After years taking on these risky cases, Crimean Tatar lawyer Emil Kurbedinov was today awarded a top international prize for human rights activists.

In Dublin, on 26 May 2017, Irish NGO Front Line Defenders named Emil the 2017 Laureate of its annual Award for Human Rights Defenders at Risk.

Since the occupation of Crimea by the Russian Federation, Emil has defended the persecuted Crimean Tatar minority, civil society activists and journalists. He also provides emergency response and documentation of rights violations during raids and searches of activists’ homes. In January 2017, Emil was on his way to the house of an activist that had been raided, when masked representatives from Crimea’s Centre for Counteracting Extremism detained him and took him to a local directorate of the Russian Federal Security Service (FSB) for interrogation. A district court found him guilty of “propagandising for extremist organisations” and sentenced him to ten days in detention.

In addition to Emil Kurbedinov from Ukraine, the finalists for the 2017 Award include activists from Vietnam, South Africa, Kuwait and Nicaragua.

Vietnamese blogger Pham Thanh Nghien spent four years in prison for her work publicizing violations against and defending the rights of relatives of fishermen killed by Chinese patrols. Following her release, she was kept under house arrest, during which time she spearheaded numerous human rights campaigns and co-founded the renowned Vietnamese Bloggers’ Network. Nghien has had her home raided, been blocked from attending medical appointments, had a padlock placed on her door from the outside, and been refused a marriage certificate. Nghien has also survived numerous physical assaults aimed at stopping her powerful, peaceful work uncovering and publicizing human rights violations in Vietnam.

For more details: Crimean Tatar Activist Wins 2017 Award for Human Rights Defenders at Risk