June 5, 2013
ICJ highlights the need for protection of lawyers in Viet Nam
May 30, 2013 –
Advocacy: Legal submissions
The ICJ today addressed the Human Rights Council, and the Special Rapporteur on the independence of judges and lawyers, concerning the need for protection of lawyers in Viet Nam.
[pullquote]The ICJ recalls that article 16 of the UN Basic Principles on the Role of Lawyers states that “governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and that they shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics”.[/pullquote]
In an interactive dialogue with the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, the ICJ emphasised that legal aid (the subject of the Special Rapporteur’s report to the Council) is fruitless without proper protection of the legal profession. Referring to articles 16-18 of the UN Basic Principles on the Role of Lawyers, the ICJ drew attention to challenges faced by human rights lawyers in Viet Nam, particularly those who have been disbarred and not allowed to practice in their work representing victims of discrimination and land confiscation.
The ICJ urged the Government of Viet Nam to extend to the Special Rapporteur an invitation to undertake a mission to Viet Nam and to cooperate with her and allow her to effectively consider these and other obstacles to the effective functioning of the legal profession in the country.
The statement was delivered under Item 3 (promotion and protection of all human rights) of the agenda of the Human Rights Council’s 23rd regular session (27 May to 14 June 2013).
***
United Nations Human Rights Council
23rd Regular Session, 27 May to 14 June 2013
Agenda Item 3
ICJ Oral Statement in the Interactive Dialogue with the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul
PROTECTION OF THE LEGAL PROFESSION IN VIET NAM
30May 2013
Check against delivery
Madam Special Rapporteur on the independence of judges and lawyers,
The International Commission of Jurists (ICJ)welcomes your report and especially appreciates the fact that it emphasizes the important role legal aid plays in ensuring the protection of victims of human rights violations.
The ICJ emphasises that legal aid is often ineffective without proper protection of the legal profession. We therefore draw your attention, and that of this Council, to certain challenges faced by human rights lawyers in Viet Nam, particularly those who have been disbarred and not allowed to practice law in their work representing victims of discrimination and land confiscation. These lawyers include Le Quoc Quan, Nguyen Van Dai, Huynh Van Dong, Le Thi Cong Nhan, Le Cong Dinh and Le Tran Luat. Many of them were charged and convicted under articles 79 and 88 of the Viet Nam’sPenal Code, which criminalises conduct by those who seek to overthrow the Government or those who conduct propaganda against the Government. Currently, Le Cong Dinh and Nguyen Van Dai are under house arrest, while Huynh Van Dong, Le Thi Cong Nhan and Le Tran Luat are no longer under arrest or in detention, but are under constant surveillance. What are alleged to be fabricated charges of tax evasion have been made against Le Quoc Quan, who was arrested in December 2012 and is still awaiting trial.
The ICJ recalls that article 16 of the UN Basic Principles on the Role of Lawyers states that “governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and that they shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics”. Articles 17 and 18 affirm that “where the security of lawyers is threatened… they shall be adequately safeguarded by the authorities” and that “lawyers shall not be identified with their clients’ or their clients’ causes…”. Without adherence to these principles, access to justice through legal aid is typically frustrated.
Against this background, Madam Special Rapporteur, we urge the Government of Viet Nam to extend to you an invitation to undertake a mission to Viet Nam and to cooperate with you and allow you to effectively consider these and other obstacles to the effective functioning of the legal profession in the country.
Finally, Madam Rapporteur, the ICJ wishes to reiterate its support to the mandate you hold and to remind States of their obligation to cooperate with your and all other Special Procedure mandates, including with respect to allegation lettersand urgent appeals.
I thank you.
[stextbox id=”info”]Statement delivered by:
Ms Ilaria Vena, ICJ Centre for the Independence of Judges and Lawyers
Further contact:
Ms Emerlynne Gil (emerlynne.gil@icj.org), ICJ Asia Pacific Programme[/stextbox]
P.O. Box, 91, Rue des Bains, 33, 1211 Geneva 8, Switzerland
Tel: +41(0) 22 979 3800 – Fax: +41(0) 22 979 3801 – Website: http://www.icj.org – E-mail: info@icj.org
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