Mr. Nguyen Van Dai one week prior to his arrest in mid December last year
Civil Rights Defenders, January 07, 2016
In a statement released today, Civil Rights Defenders joins 25 civil society groups in calling on the Vietnamese authorities to immediately release and drop charges against human rights defenders Mr Nguyễn Vãn Ðài and Ms Lê Thu Hà, who have been in police custody in Hanoi after their arrest three weeks ago. The police have charged Ðài, a former prisoner of conscience, and his colleague Hà with “anti-state propaganda” under Article 88 of the Penal Code, which carries a prison sentence of between three and 20 years.
The signatories have also highlighted concerns that the two defenders may be at risk of torture and other ill treatment in detention. Ðài was still recovering from injuries he sustained ten days before his arrest when he and three other activists were viciously attacked by stick-wielding, masked assailants in Nghe An province. The police have reportedly denied Ðài access to his lawyer and family members.
“Brave human rights defenders like Ðài and Hà do not belong behind bars and must be allowed to freely conduct their legitimate work defending and educating others about the rights guaranteed by the Vietnamese Constitution and by international law,” says Robert Hårdh, Executive Director of Civil Rights Defenders.
Ðài and Hà’s arrests came a month before the 12th National Congress of the ruling Communist Party of Vietnam (CPV). Past party congresses were usually preceded by an escalation of crackdown on human rights advocates and dissidents.
There have been multiple incidents of violence against and arbitrary detention of human rights defenders, petitioners, religious followers, and their family members in 2015. Civil Rights Defenders has highlighted an alarming rise in such incidents in the second half of the year. Since Ðài and Hà’s arrests on 16th December, there have been reports of attacks targeting at least ten more activists and two young children of a woman activist.
The United Nations Human Rights Office for South East Asia has expressed its serious concern at Ðài’s arrest and called for his immediate release. Several concerned governments have also criticised the arrest. Germany’s Commissioner for Human Rights Policy and Humanitarian Aid expresses shock and calls for his release and charges against him be dropped. The European Union spokesperson says the arrest “goes against Vietnam’s international human rights obligations” and calls for his immediate release as well as a full investigation into the assault against him. The European Union’s ambassador and ambassadors of EU Member States in Vietnam issued a joint statement expressing serious concerns over the arrest and calling for the release of “all peaceful advocates of human rights in the country.” A statement by the US ambassador to Vietnam echoes the EU’s concerns and calls. Legislators in Australia, Canada, and the United States have also issued similar statements of concern.
“The growing international concerns should make it very clear to the Vietnamese authorities that their treatment of human rights defenders is unacceptable,” says Robert Hårdh. “The on-going arbitrary detention of Ðài, Hà and other prisoners of conscience is reinforcing Vietnam’s reputation as a country under the rule of fear, not the rule of law.”
—————————–
The full text of the joint civil society statement.
JOINT STATEMENT CALLING FOR THE RELEASE OF NGUYEN VAN DAI AND LE THU HA
January 6, 2016
On 16 December 2015, prominent human rights lawyer, Mr. Nguyen Van Dai, 46, and his colleague, Ms. Le Thu Ha, 33, were arrested at their home and office in Hanoi, Vietnam, respectively. Both have been charged with “conducting propaganda against the Socialist Republic of Vietnam” under Article 88 of the Vietnamese Penal Code, a law that has been routinely and arbitrarily invoked by the government to suppress critical voices.
Mr. Nguyen and Ms. Le are being held in B14 prison in Hanoi. Requests by activists to visit them have been rejected and there are concerns that they are at risk of torture and other ill-treatment. If convicted, Mr. Nguyen and Ms. Ha could face up to 20 years in prison.
We appeal to the Vietnamese government to honor its international and domestic obligations and to release Mr. Nguyen and Ms. Le immediately and unconditionally.
We also call on the international community to act and put pressure on the Vietnamese government regarding these cases which have a severe chilling effect on freedom of expression in Vietnam.
During Mr. Nguyen’s arrest, his home was searched thoroughly by approximately 20 police officers. His laptop, bank documents and many other personal items were confiscated, while his apartment remains under tight surveillance. Mr. Nguyen is a well-known peaceful campaigner for a multi-party democracy and the protection of human rights in Vietnam. He has devoted his life to providing legal assistance to the most vulnerable and marginalied people in society.
Mr. Nguyen has repeatedly been subjected to unwarranted persecution for undertaking his legitimate work. In 2007, he was convicted under Article 88 of the Penal Code (employing propaganda against the state) and sentenced to 4 years in prison and place under 4 years of house arrest. At the time, he had been holding seminars to teach students about the fundamentals of a free society and the rule of law.
Since Mr. Nguyen’s release from prison in 2011, he had been subjected to countless incidents of harassment and surveillance by police officers. He was still recovering from injuries sustained from a vicious assault by masked assailants on December 6, 2015, after he had attended a meeting to mark International Human Rights Day. He was badly beaten, robbed and thrown on the street.
Vietnam has ratified the International Covenant on Civil and Political Rights (ICCPR), which protects the right to freedom of opinion and expression (Article 19), and the right to liberty and security of a person, which includes the right not to be subjected to arbitrary arrest and detention (Article 9).
The UN Basic Principles on the Role of Lawyers specifically affirm that lawyers are “entitled to freedom of expression, belief, association and assembly” and that, “they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights”. The Basic Principles also set out a number of guarantees to ensure that lawyers are able to fulfill their professional roles without undue interference. Furthermore, Vietnam’s Constitution protects the right to freedom of opinion and speech (Article 25) and guarantees that no citizen may be arrested without a warrant and that the arrest and detention must be in accordance with the law (Article 20).
We therefore strongly urge the Vietnamese authorities to comply with Vietnam’s human rights obligations, and drop all charges against Mr. Nguyen and Ms. Le, who have been peacefully carrying out activities to promote and protect human rights.
We further urge the international community to strongly intervene at the highest possible levels to support the expeditious release of both human rights defenders.
Signed
- Amnesty International –ENGLAND
- Christine Nguyenian Solidarity Worldwide – ENGLAND
- Front Line Defenders – IRELAND
- CIVICUS: World Alliance for Citizen Participation – SOUTH AFRICA
- Civil Rights Defenders – SWEDEN
- International Service for Human Rights – SWITZERLAND
- International Commission of Jurists – SWITZERLAND
- Freedom House – USA
- Human Rights Foundation – USA
- Humanitarian China – USA
- National Congress of Vietnamese Americans – USA
- People In Need – CZECH REPUBLIC
- Van Lang – CZECH REPUBLIC
- Asian Forum for Human Rights and Development (FORUM-ASIA) – THAILAND
- Foundation for Community Educational Media – THAILAND
- SHANAH – BURMA
- Commission for the Disappeared and Victims of Violence (KontraS) – INDONESIA
- The Institute for Policy Research and Advocacy (ELSAM) – INDONESIA
- Legal Aid Center for the Press (LBH Pers) – INDONESIA
- ASEAN SOGIE Caucus – PHILIPPINES
- Vietnamese Overseas Initiative for Conscience Empowerment (VOICE) – USA, AUSTRALIA, CANADA & EUROPE
- Brotherhood for Democracy – VIETNAM
- Civil Society Forum – VIETNAM
- No-U Mien Trung – VIETNAM
- Vietnam Path Movement – VIETNAM
- Vietnamese Political & Religious Prisoners Friendship Association – VIETNAM
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January 8, 2016
Vietnam Must End Arbitrary Detention of Human Rights Defenders
by Nhan Quyen • [Human Rights], Le Thu Ha, Nguyen Van Dai
Mr. Nguyen Van Dai one week prior to his arrest in mid December last year
Civil Rights Defenders, January 07, 2016
In a statement released today, Civil Rights Defenders joins 25 civil society groups in calling on the Vietnamese authorities to immediately release and drop charges against human rights defenders Mr Nguyễn Vãn Ðài and Ms Lê Thu Hà, who have been in police custody in Hanoi after their arrest three weeks ago. The police have charged Ðài, a former prisoner of conscience, and his colleague Hà with “anti-state propaganda” under Article 88 of the Penal Code, which carries a prison sentence of between three and 20 years.
The signatories have also highlighted concerns that the two defenders may be at risk of torture and other ill treatment in detention. Ðài was still recovering from injuries he sustained ten days before his arrest when he and three other activists were viciously attacked by stick-wielding, masked assailants in Nghe An province. The police have reportedly denied Ðài access to his lawyer and family members.
“Brave human rights defenders like Ðài and Hà do not belong behind bars and must be allowed to freely conduct their legitimate work defending and educating others about the rights guaranteed by the Vietnamese Constitution and by international law,” says Robert Hårdh, Executive Director of Civil Rights Defenders.
Ðài and Hà’s arrests came a month before the 12th National Congress of the ruling Communist Party of Vietnam (CPV). Past party congresses were usually preceded by an escalation of crackdown on human rights advocates and dissidents.
There have been multiple incidents of violence against and arbitrary detention of human rights defenders, petitioners, religious followers, and their family members in 2015. Civil Rights Defenders has highlighted an alarming rise in such incidents in the second half of the year. Since Ðài and Hà’s arrests on 16th December, there have been reports of attacks targeting at least ten more activists and two young children of a woman activist.
The United Nations Human Rights Office for South East Asia has expressed its serious concern at Ðài’s arrest and called for his immediate release. Several concerned governments have also criticised the arrest. Germany’s Commissioner for Human Rights Policy and Humanitarian Aid expresses shock and calls for his release and charges against him be dropped. The European Union spokesperson says the arrest “goes against Vietnam’s international human rights obligations” and calls for his immediate release as well as a full investigation into the assault against him. The European Union’s ambassador and ambassadors of EU Member States in Vietnam issued a joint statement expressing serious concerns over the arrest and calling for the release of “all peaceful advocates of human rights in the country.” A statement by the US ambassador to Vietnam echoes the EU’s concerns and calls. Legislators in Australia, Canada, and the United States have also issued similar statements of concern.
“The growing international concerns should make it very clear to the Vietnamese authorities that their treatment of human rights defenders is unacceptable,” says Robert Hårdh. “The on-going arbitrary detention of Ðài, Hà and other prisoners of conscience is reinforcing Vietnam’s reputation as a country under the rule of fear, not the rule of law.”
—————————–
The full text of the joint civil society statement.
JOINT STATEMENT CALLING FOR THE RELEASE OF NGUYEN VAN DAI AND LE THU HA
January 6, 2016
On 16 December 2015, prominent human rights lawyer, Mr. Nguyen Van Dai, 46, and his colleague, Ms. Le Thu Ha, 33, were arrested at their home and office in Hanoi, Vietnam, respectively. Both have been charged with “conducting propaganda against the Socialist Republic of Vietnam” under Article 88 of the Vietnamese Penal Code, a law that has been routinely and arbitrarily invoked by the government to suppress critical voices.
Mr. Nguyen and Ms. Le are being held in B14 prison in Hanoi. Requests by activists to visit them have been rejected and there are concerns that they are at risk of torture and other ill-treatment. If convicted, Mr. Nguyen and Ms. Ha could face up to 20 years in prison.
We appeal to the Vietnamese government to honor its international and domestic obligations and to release Mr. Nguyen and Ms. Le immediately and unconditionally.
We also call on the international community to act and put pressure on the Vietnamese government regarding these cases which have a severe chilling effect on freedom of expression in Vietnam.
During Mr. Nguyen’s arrest, his home was searched thoroughly by approximately 20 police officers. His laptop, bank documents and many other personal items were confiscated, while his apartment remains under tight surveillance. Mr. Nguyen is a well-known peaceful campaigner for a multi-party democracy and the protection of human rights in Vietnam. He has devoted his life to providing legal assistance to the most vulnerable and marginalied people in society.
Mr. Nguyen has repeatedly been subjected to unwarranted persecution for undertaking his legitimate work. In 2007, he was convicted under Article 88 of the Penal Code (employing propaganda against the state) and sentenced to 4 years in prison and place under 4 years of house arrest. At the time, he had been holding seminars to teach students about the fundamentals of a free society and the rule of law.
Since Mr. Nguyen’s release from prison in 2011, he had been subjected to countless incidents of harassment and surveillance by police officers. He was still recovering from injuries sustained from a vicious assault by masked assailants on December 6, 2015, after he had attended a meeting to mark International Human Rights Day. He was badly beaten, robbed and thrown on the street.
Vietnam has ratified the International Covenant on Civil and Political Rights (ICCPR), which protects the right to freedom of opinion and expression (Article 19), and the right to liberty and security of a person, which includes the right not to be subjected to arbitrary arrest and detention (Article 9).
The UN Basic Principles on the Role of Lawyers specifically affirm that lawyers are “entitled to freedom of expression, belief, association and assembly” and that, “they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights”. The Basic Principles also set out a number of guarantees to ensure that lawyers are able to fulfill their professional roles without undue interference. Furthermore, Vietnam’s Constitution protects the right to freedom of opinion and speech (Article 25) and guarantees that no citizen may be arrested without a warrant and that the arrest and detention must be in accordance with the law (Article 20).
We therefore strongly urge the Vietnamese authorities to comply with Vietnam’s human rights obligations, and drop all charges against Mr. Nguyen and Ms. Le, who have been peacefully carrying out activities to promote and protect human rights.
We further urge the international community to strongly intervene at the highest possible levels to support the expeditious release of both human rights defenders.
Signed