VIET NAM: ALL PRISONERS OF CONSCIENCE MUST BE IMMEDIATELY AND UNCONDITIONALLY RELEASED

amnesty international

Amnesty International’s Secretary General and the Directors of offices in Australia, Cote d’Ivoire, France, Germany, Japan, South Korea, Nepal, Netherlands, New Zealand, Norway, the Philippines, Spain, Sweden, Thailand, and the USA have called on Viet Nam’s National Day amnesty to include all prisoners of conscience. The 51 prisoners of conscience named by Amnesty International includes individuals imprisoned solely for the peaceful exercise of their rights, including the rights to freedom of expression, peaceful assembly, and association. The list includes blogger Ta Phong Tan, Catholic priest Father Nguyen Van Ly and blogger and IT entrepreneur Tran Huynh Duy Thuc.

Amnesty International | Sep 2, 2015

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 

2 September 2015

AI Index: ASA 41/2360/2015

Viet Nam: All prisoners of conscience must be immediately and unconditionally released

Amnesty International is calling on Viet Nam to immediately and unconditionally release all prisoners  of conscience under  an amnesty  marking the 70th anniversary  of National  Day on 2 September 2015.  Salil Shetty,  Amnesty International’s Secretary  General has written to President Truong Tan Sang urging that  the special  prisoner  amnesty  of up to 17,000 prisoners  should  include  prisoners  of conscience.1  The Directors of Amnesty International offices in Australia,  Cote d’Ivoire, France,  Germany, Japan, South  Korea, Nepal,  Netherlands, New Zealand,  Norway, the Philippines, Spain,  Sweden,  Thailand,  and the USA have also written similar letters  to Viet Nam’s Minister of Foreign Affairs.

The non-exhaustive list of 51  prisoners  of conscience named  by Amnesty International includes individuals  imprisoned solely for the peaceful exercise  of their rights,  including the rights to freedom  of expression, peaceful assembly, and association. The list includes blogger Ta Phong Tan, Catholic priest  Father  Nguyen Van Ly and blogger and IT entrepreneur Tran Huynh Duy Thuc. These three  prisoners  of conscience have been sentenced to  prison terms  between  eight and 16  years solely for peacefully  speaking  out on issues  that  concern  them,  including  human  rights.

Ta Phong Tan, a former policewoman, was sentenced to 10  years’ imprisonment in September 2012, with five years’ house  arrest  on release. She was convicted  under  Article 88  for “conducting propaganda” against  the state. She is one of the founders  of the independent Free Journalists’ Club of Viet Nam in 2007 which aimed  to encourage freedom  of expression  as an alternative to state-controlled media.  She is well known for her blog called  Conglysuthat  (“Justice and Truth”) which included articles  on social injustice, human  rights abuses and national  sovereignty.  Ta Phong Tan has undertaken three  different  hunger  strikes  to protest  against  harsh  conditions and abusive  treatment in prison,  most recently  for 23  days in May-June 2015. She is in poor health, with arthritis, high blood pressure, and other medical  conditions.

Father Nguyen Van Ly has spent  more than  20  years’ in prison since  the mid-1970s for peacefully  advocating  for religious freedom  and democracy. In April 2006 Father  Ly co- founded  Bloc 8406, an internet-based pro-democracy movement  which advocates for the respect of human  rights,  and gained  thousands of online supporters. Less than  a year later,  he was arrested, unfairly tried and convicted  of “conducting propaganda”  against  the state. He received an eight-year  prison sentence, with five years’ house  arrest  on release. In detention, he has suffered  from poor health, including  an initially un-diagnosed stroke in November 2009 which caused paralysis;  although  he was granted  “temporary parole” in March 2010 on medical  grounds,  he was returned to prison in July 2011 – still in poor health  – to continue his sentence.

Tran Huynh Duy Thuc is a peaceful advocate  of economic, social and administrative reform, and respect for human  rights.  On 20  January  2010, he was convicted  of “attempting to overthrow” the state  under  Article 79  of the Penal  Code and sentenced to 16  years’ imprisonment, with five years’ house  arrest  on release. During the trial, he declared that  he was tortured  while in detention to force a confession, which he refused. According to witnesses present at the trial, the judges  deliberated for only 15  minutes before issuing  the judgement. It took 45  minutes to read out, indicating it had been prepared beforehand.

Other prisoners  of conscience on the list include  peaceful bloggers,  labour rights and land rights activists, political  and religious activists  and followers, human  rights defenders and social justice  advocates.  Twenty-two members of the peaceful Bia Son religious environmental group in Phu Yen province received  between  10  years and life imprisonment for criticizing  government  policies  and allegedly planning  to establish a “new state”.

None of those  prisoners  of conscience have used  or advocated violence,  but are imprisoned solely for peacefully  exercising  their rights to freedom  of expression, peaceful assembly  or association. Most of them  have been  convicted  after unfair trials under vaguely-worded provisions of Viet Nam’s 1999 Penal  Code, such  as Article 79  (aiming to “overthrow” the state), Article 88  (conducting “propaganda” against  the state), Article 258 (“Abusing democratic freedoms…”) or other trumped up charges.

Salil Shetty’s  letter  urges Viet Nam’s government  to ensure  that  peaceful activists, human rights defenders, journalists and other individuals  are able to carry out their legitimate activities  without fear of reprisals, harassment, intimidation, arrest,  prosecution and imprisonment, in compliance with Viet Nam’s obligations  under  the International Covenant on Civil and Political  Rights and other international human  rights law and standards, including  the UN Declaration  on Human  Rights Defenders.

Background

Conditions  in Viet Nam’s prisons  are harsh,  and many of the prisoners  of conscience are in poor health  and have been  subjected to abusive  treatment in detention. Most are held in prisons  far from their families,  making visits difficult.  Pressure and other forms of coercion are often applied  to make them  confess  to the crimes  they are accused of.

As a state  party to the International Covenant on Civil and Political  Rights,  Viet Nam has the duty to respect and protect  the rights set out in this core human  rights treaty, including  the absolute prohibition  on torture  and other ill-treatment. A handful  of prisoners  of conscience have been  released in the last year before the end of their sentences, but others  remain  to be immediately and unconditionally released.  ENDS/

View report here.