Phạm Chí Dũng on pre-recorded video to join the UPR side event in Geneva – photo of RSF.
To: His Excellency Nguyen Tan Dung – Prime Minister.
Cc : His Excellency Pham Binh Minh – Deputy Prime Minister and Minister of Foreign Affairs.
Mr. Tran Dai Quang – Minister of Public Security.
Ho Chi Minh City, February 5, 2014.
After the exit blocked at Tan Son Nhat airport on Feb 1, 2014, until now I still could not really doubt that persons in the high level of the Vietnam government had attempt to “silence Pham Chi Dung” – a phrase that UN Watch (a UN NGO to monitor human rights) used to condemn a day after the incident occurred.
However, opinions of some independent and “non-independent” observers in Vietnam said that did not exclude the possibility that the intervention has quietly and rudely come from a real power inside the ruling party and the state – a group of persons, by quitely delicate reasons and not lack of domestically political complexity and persistently nice obsession from a Northern regime, often makes attempt to still a group who is inclined to the West. Even in the perception of “Northern group “, a kind of agreement such as Trans-Pacific Strategic Economic Partnership Agreement (TPP) is not necessary or should be prevented.
Blocking me from leaving the country happened just ahead of the Universal Periodic Review on Vietnam in Geneva on Feb 5, 2014. On the UPR side event, UN Watch invited me as a featured speaker, my message is considered as one of the fundamental contributions that the Human Rights Council of the United Nations based to review the national report of Vietnam about the announcement of “being done 80 % requirement of the UN human rights” as well as the justification “always taking care and ensuring human rights”, as Foreign Minister Pham Binh Minh said.
Here are the main contents of the complaint letter:
I. Despite the enthusiasm and goodwill of the UN Office of the High Commissioner for Human Rights, U.S. State Department and the international community placing a hope from Ministry of Foreign Affairs of Vietnam, my trip to Geneva on Feb 1, 2014 was barred and the passport was seized by Department of Immigration Management of the Ministry of Public Security and the public security agency of HCM City at Tan Son Nhat airport.
With reason of “ID checks on passport”, two security officers immediately forcedly took away the cellphone I was trying to make a call for help. Then, in a separate room, a security officer in plainclothes introduced himself as an officer of the Bureau of Public Security PA81, HCM City, informed me that I was not allowed to leave because “the hostile forces will take the advantages of the side events in Switzerland to distort and defame the State of Vietnam”.
I was amazed to hear such oral order. I really doubted that the security officer was not aware of the State of Vietnam has been approved to be a member of the Human Rights Council of the United Nations with the overwhelming proportion of the aye votes to 96 % – like a nation that the progressive community on the world almost absolutely has a great hope in their “heart politics“.
By unreasonable action of the security agencies, I could not shake off the mood to be questioned about what is considered “not false” involving 14 commitments that Vietnam has committed before the UN HRC in August 2013 and UPR in early February 2014.
One of the key requirements of the UN Human Rights Council in Vietnam UPR is the participation of civil society organizations, and the UN bodies entirely encourage civil groups and individuals like me to join the UPR in a true characteristic but not fake.
In reality the right of freedom of traveling in Vietnam is very different with the government’s commitment. In mid January 2014, a blogger in Ho Chi Minh City Nguyen Ho Nhat Thanh had been barred from boarding a flight to the United States, though this blogger had the U.S. visa. According to blogger Thanh, the security agencies simply gave a very vague reason is to “protect national security and social order and safety”.
According to primary statistics of democracy activists and human rights defenders in Vietnam, from early 2013 to now, there are about 10 individuals being blocked, similar to my case.
It is said that there currently has a list of up to 2,000 people being barred by security agencies, among them are former prisoners of conscience and dissidents.
On Feb 3, 2014 , the Association of Travel Ban in Vietnam was established as an opposite, independent group. An incomplete list from this association shows at least 40 people being barred or seized pass port due to political opinions and dissents by police security agencies.
II . Regardless UPR event taking place on Feb 5, 2014 in Switzerland, such a move of security agencies in preventing me has seriously violated the right to freedom of traveling of citizens – that are recognized in Article 12 of the International Covenant on civil and political rights, for which Vietnam has signed since 1982; serious violations of Article 23 of the Vietnamese Constitution effective on Jan 1, 2014, describes “citizens have the right to freedom of traveling and residing within the country, have the right to go abroad and back home from foreign countries. The implementation of these rights prescribed by law”.
As a citizen, I do not violate any provision of the immigration law in Vietnam. While the statement of security police of Tan Son Nhat airport noted that “discovered Pham Chi Dung not permitted to leave at the request of police department in Ho Chi Minh City”. I have never been notified about not allowing to exit.
In the statement No. 166/BB-A72-TSN dated Feb 1, 2014, police of Tan Son Nhat airport based on Decree No. 136/2007/ND-CP dated July 17, 2007 to bar me. Contrarily I have not violated any provisions of Article 21 of Decree No. 136/2007/ND-CP, describes that “Vietnamese citizens in the country are not allowed to exit in one of the following cases:
1 . Being under prosecution or criminal charge related to criminal investigations .
2 . Being obliged to execute the criminal sentence.
3 . Being obliged to execute civil sentence, economic, waiting to resolve civil disputes, economics .
4 . Being obliged to abide by the decisions of administrative sanctions, tax obligations and other financial obligations unless there is a bail in terms of money, properties or other measures to ensure that the obligation to perform .
5 . For reasons of preventing the spread of dangerous diseases.
6 . For reasons of national security and social order and safety .
7 . There are administrative violations of immigration under the provisions of the law.
From another perspective corner, Paragraph 3 of Article 12 of the International Covenant on Civil and Political Rights stating these rights would “not be subject to any restrictions except limitations prescribed by law and are necessary to protect national security, public order, health or social morals, or the rights of freedoms of other persons, and must be consistent with the other rights recognized by this Convention”. As Article 12 of the Vietnamese Constitution provides that “the Socialist Republic of Vietnam …compliance with UN Charter and international treaties which the Socialist Republic of Vietnam is a party … “ .
Thus the limited freedom of traveling must be prescribed by law. Decree No. 136/2007/ND-CP which is not a legal law and can not be invoked to prevent me or any other citizen from exit.
Supposed that Decree No. 136/2007/ND-CP was applicable, then such prevention also has violated the procedures provided therein . Paragraph 1 of Article 22 of the decree stipulates the authority to decision not to allow exit for citizen as follows:
- only investigation agencies, procuracy , courts or law enforcement agencies may decide not to allow exit under paragraphs 1, 2 and 3 of Article 21;
- Minister and President of the People’s Committees of provinces and cities have rights to decide not allow exit under paragraph 4 of Article 21;
- Minister of Health in accordance with paragraph 5;
- Minister of Public Security with paragraph 6 and
- Heads of the Immigration Management – Ministry of Public Security decided under paragraph 7 of Article 21.
“At the request of the police department in Ho Chi Minh City” as quoted in the statement No. 166/BB-A72-TSN (mentioned above) is not the decision of the Police department in Ho Chi Minh city (in this case The Ho Chi Minh city police department also does not have jurisdiction, but only Minister of Public Seciruty). But the decision not to allow exit signed in the statement is Lieutenant Colonel Pham Quoc Hung, deputy head of border station at Tan Son Nhat airport. Therefore, the decision of the statement No. 166/BB-A72-TSN is a complete administrative decision and it is unlawful.
III . Action to prevent exit for people like me is very bad picture of the State of Vietnam in eyes of the international community, can prove more lively and updatedly that the Socialist Republic of Vietnam – a newly elected member of the Human Rights Council – has blatantly violated the commitments on human rights, violated the international conventions to which Vietnam is a party and violated the constitution of this state.
In this case , I absolutely have the right and can sue the police department in Ho Chi Minh City who violated the law. I also absolutely have the right to sue the Socialist Republic of Vietnam to the Human Rights Council of the United Nations on this violation, similar to cases of Peltonen sueing Finland (code No. 4922/92) or Celepli to Sweden (code No. 456/91) …
Also in this case, I will ask the HRC considering strictly to require the Government of Vietnam severely addressing delinquent actions, respecting for international covenants, the country’s constitution and taking appropriate measures to end impunity to the same incidents.
The travel ban accompanying with many problems on human rights, civil rights, welfare of the people and politics remain deeply regressed, despite the state of Vietnam, called themselves as “of the people, by the people and for the people “, always promisses “to improve”.
Vietnam had suddenly glimmered a hope when the new year message of the Prime Minister used 20 times the word “democracy“, and signs of temporary reform with “reforming the regime“, “abolishing monopoly“, and especially the phrase “grasping the flag of democracy” and “people has the right to do everything not prohibited by law“.
If what is regarding as “Heart politics”, it should and must be presented at the right time and no chance for delay. That attitude needs to win over barriers and overcome conservatism and extremism, not to let any force impeding the road of integration of Vietnamese people into the world, especially integration and reconciliation on human rights.
Today Feb 5, 2014 is the day of the UPR on human rights in Vietnam taking place in Geneva, I officially write a “Complaint Letter on preventing Pham Chi Dung from going abroad” sending to HE Mr. Nguyen Tan Dung – Prime Minister and the relevant agencies as Ministry of Foreign Affairs and Ministry of Public Security of Vietnam.
Pursuant to the International Convention on Civil and Political Rights, 14 commitments of the State of Vietnam before the United Nations Human Rights Council, a member status of the UN Human Rights Council, the Constitution and documents relating to immigration procedures, I request that my case and other similar cases should be solved in respecting procedures for entry and exit, respecting civil rights, not being harassed or insulted by any act arbitrarily or illegally from any regulatory body.
Dated: February 5, 2014
Pham Chi Dung
Independent Journalist
Address: 298/4 Nguyen Trong Tuyen street, Ward 1, Tan Binh District, Ho Chi Minh City, Vietnam.
(English translation by [rollinglinks]Trang Thien Long[/rollinglinks])
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February 5, 2014
COMPLAINT LETTER ON PREVENTING PHAM CHI DUNG FROM GOING ABROAD
by Defend the Defenders • Pham Chi Dung
Phạm Chí Dũng on pre-recorded video to join the UPR side event in Geneva – photo of RSF.
To: His Excellency Nguyen Tan Dung – Prime Minister.
Cc : His Excellency Pham Binh Minh – Deputy Prime Minister and Minister of Foreign Affairs.
Mr. Tran Dai Quang – Minister of Public Security.
Ho Chi Minh City, February 5, 2014.
After the exit blocked at Tan Son Nhat airport on Feb 1, 2014, until now I still could not really doubt that persons in the high level of the Vietnam government had attempt to “silence Pham Chi Dung” – a phrase that UN Watch (a UN NGO to monitor human rights) used to condemn a day after the incident occurred.
However, opinions of some independent and “non-independent” observers in Vietnam said that did not exclude the possibility that the intervention has quietly and rudely come from a real power inside the ruling party and the state – a group of persons, by quitely delicate reasons and not lack of domestically political complexity and persistently nice obsession from a Northern regime, often makes attempt to still a group who is inclined to the West. Even in the perception of “Northern group “, a kind of agreement such as Trans-Pacific Strategic Economic Partnership Agreement (TPP) is not necessary or should be prevented.
Blocking me from leaving the country happened just ahead of the Universal Periodic Review on Vietnam in Geneva on Feb 5, 2014. On the UPR side event, UN Watch invited me as a featured speaker, my message is considered as one of the fundamental contributions that the Human Rights Council of the United Nations based to review the national report of Vietnam about the announcement of “being done 80 % requirement of the UN human rights” as well as the justification “always taking care and ensuring human rights”, as Foreign Minister Pham Binh Minh said.
Here are the main contents of the complaint letter:
I. Despite the enthusiasm and goodwill of the UN Office of the High Commissioner for Human Rights, U.S. State Department and the international community placing a hope from Ministry of Foreign Affairs of Vietnam, my trip to Geneva on Feb 1, 2014 was barred and the passport was seized by Department of Immigration Management of the Ministry of Public Security and the public security agency of HCM City at Tan Son Nhat airport.
With reason of “ID checks on passport”, two security officers immediately forcedly took away the cellphone I was trying to make a call for help. Then, in a separate room, a security officer in plainclothes introduced himself as an officer of the Bureau of Public Security PA81, HCM City, informed me that I was not allowed to leave because “the hostile forces will take the advantages of the side events in Switzerland to distort and defame the State of Vietnam”.
I was amazed to hear such oral order. I really doubted that the security officer was not aware of the State of Vietnam has been approved to be a member of the Human Rights Council of the United Nations with the overwhelming proportion of the aye votes to 96 % – like a nation that the progressive community on the world almost absolutely has a great hope in their “heart politics“.
By unreasonable action of the security agencies, I could not shake off the mood to be questioned about what is considered “not false” involving 14 commitments that Vietnam has committed before the UN HRC in August 2013 and UPR in early February 2014.
One of the key requirements of the UN Human Rights Council in Vietnam UPR is the participation of civil society organizations, and the UN bodies entirely encourage civil groups and individuals like me to join the UPR in a true characteristic but not fake.
In reality the right of freedom of traveling in Vietnam is very different with the government’s commitment. In mid January 2014, a blogger in Ho Chi Minh City Nguyen Ho Nhat Thanh had been barred from boarding a flight to the United States, though this blogger had the U.S. visa. According to blogger Thanh, the security agencies simply gave a very vague reason is to “protect national security and social order and safety”.
According to primary statistics of democracy activists and human rights defenders in Vietnam, from early 2013 to now, there are about 10 individuals being blocked, similar to my case.
It is said that there currently has a list of up to 2,000 people being barred by security agencies, among them are former prisoners of conscience and dissidents.
On Feb 3, 2014 , the Association of Travel Ban in Vietnam was established as an opposite, independent group. An incomplete list from this association shows at least 40 people being barred or seized pass port due to political opinions and dissents by police security agencies.
II . Regardless UPR event taking place on Feb 5, 2014 in Switzerland, such a move of security agencies in preventing me has seriously violated the right to freedom of traveling of citizens – that are recognized in Article 12 of the International Covenant on civil and political rights, for which Vietnam has signed since 1982; serious violations of Article 23 of the Vietnamese Constitution effective on Jan 1, 2014, describes “citizens have the right to freedom of traveling and residing within the country, have the right to go abroad and back home from foreign countries. The implementation of these rights prescribed by law”.
As a citizen, I do not violate any provision of the immigration law in Vietnam. While the statement of security police of Tan Son Nhat airport noted that “discovered Pham Chi Dung not permitted to leave at the request of police department in Ho Chi Minh City”. I have never been notified about not allowing to exit.
In the statement No. 166/BB-A72-TSN dated Feb 1, 2014, police of Tan Son Nhat airport based on Decree No. 136/2007/ND-CP dated July 17, 2007 to bar me. Contrarily I have not violated any provisions of Article 21 of Decree No. 136/2007/ND-CP, describes that “Vietnamese citizens in the country are not allowed to exit in one of the following cases:
1 . Being under prosecution or criminal charge related to criminal investigations .
2 . Being obliged to execute the criminal sentence.
3 . Being obliged to execute civil sentence, economic, waiting to resolve civil disputes, economics .
4 . Being obliged to abide by the decisions of administrative sanctions, tax obligations and other financial obligations unless there is a bail in terms of money, properties or other measures to ensure that the obligation to perform .
5 . For reasons of preventing the spread of dangerous diseases.
6 . For reasons of national security and social order and safety .
7 . There are administrative violations of immigration under the provisions of the law.
From another perspective corner, Paragraph 3 of Article 12 of the International Covenant on Civil and Political Rights stating these rights would “not be subject to any restrictions except limitations prescribed by law and are necessary to protect national security, public order, health or social morals, or the rights of freedoms of other persons, and must be consistent with the other rights recognized by this Convention”. As Article 12 of the Vietnamese Constitution provides that “the Socialist Republic of Vietnam …compliance with UN Charter and international treaties which the Socialist Republic of Vietnam is a party … “ .
Thus the limited freedom of traveling must be prescribed by law. Decree No. 136/2007/ND-CP which is not a legal law and can not be invoked to prevent me or any other citizen from exit.
Supposed that Decree No. 136/2007/ND-CP was applicable, then such prevention also has violated the procedures provided therein . Paragraph 1 of Article 22 of the decree stipulates the authority to decision not to allow exit for citizen as follows:
“At the request of the police department in Ho Chi Minh City” as quoted in the statement No. 166/BB-A72-TSN (mentioned above) is not the decision of the Police department in Ho Chi Minh city (in this case The Ho Chi Minh city police department also does not have jurisdiction, but only Minister of Public Seciruty). But the decision not to allow exit signed in the statement is Lieutenant Colonel Pham Quoc Hung, deputy head of border station at Tan Son Nhat airport. Therefore, the decision of the statement No. 166/BB-A72-TSN is a complete administrative decision and it is unlawful.
III . Action to prevent exit for people like me is very bad picture of the State of Vietnam in eyes of the international community, can prove more lively and updatedly that the Socialist Republic of Vietnam – a newly elected member of the Human Rights Council – has blatantly violated the commitments on human rights, violated the international conventions to which Vietnam is a party and violated the constitution of this state.
In this case , I absolutely have the right and can sue the police department in Ho Chi Minh City who violated the law. I also absolutely have the right to sue the Socialist Republic of Vietnam to the Human Rights Council of the United Nations on this violation, similar to cases of Peltonen sueing Finland (code No. 4922/92) or Celepli to Sweden (code No. 456/91) …
Also in this case, I will ask the HRC considering strictly to require the Government of Vietnam severely addressing delinquent actions, respecting for international covenants, the country’s constitution and taking appropriate measures to end impunity to the same incidents.
The travel ban accompanying with many problems on human rights, civil rights, welfare of the people and politics remain deeply regressed, despite the state of Vietnam, called themselves as “of the people, by the people and for the people “, always promisses “to improve”.
Vietnam had suddenly glimmered a hope when the new year message of the Prime Minister used 20 times the word “democracy“, and signs of temporary reform with “reforming the regime“, “abolishing monopoly“, and especially the phrase “grasping the flag of democracy” and “people has the right to do everything not prohibited by law“.
If what is regarding as “Heart politics”, it should and must be presented at the right time and no chance for delay. That attitude needs to win over barriers and overcome conservatism and extremism, not to let any force impeding the road of integration of Vietnamese people into the world, especially integration and reconciliation on human rights.
Today Feb 5, 2014 is the day of the UPR on human rights in Vietnam taking place in Geneva, I officially write a “Complaint Letter on preventing Pham Chi Dung from going abroad” sending to HE Mr. Nguyen Tan Dung – Prime Minister and the relevant agencies as Ministry of Foreign Affairs and Ministry of Public Security of Vietnam.
Pursuant to the International Convention on Civil and Political Rights, 14 commitments of the State of Vietnam before the United Nations Human Rights Council, a member status of the UN Human Rights Council, the Constitution and documents relating to immigration procedures, I request that my case and other similar cases should be solved in respecting procedures for entry and exit, respecting civil rights, not being harassed or insulted by any act arbitrarily or illegally from any regulatory body.
Dated: February 5, 2014
Pham Chi Dung
Independent Journalist
Address: 298/4 Nguyen Trong Tuyen street, Ward 1, Tan Binh District, Ho Chi Minh City, Vietnam.
(English translation by [rollinglinks]Trang Thien Long[/rollinglinks])