Amnesty International, June 1, 2017
Joint Open Letter signed by 26 organizations and individuals calling for the immediate and unconditional release of Pastor Nguyen Cong Chinh, a prisoner of conscience serving an 11-year prison term since 2011. The letter also calls for an end to the harassment of his family.
Open Letter
Vietnam must immediately release prisoner of conscience Pastor Nguyen Cong Chinh and end harassment of his family
May 23, 2017
To: President Tran Dai Quang,
Prime Minister Nguyen Xuan Phuc, and
National Assembly Chair Nguyen Thi Kim Ngan of the Socialist Republic of Vietnam
We, the undersigned organizations and individuals, call on the authorities of the Socialist Republic of Vietnam to: release Pastor Nguyen Cong Chinh unconditionally and immediately; carry out a prompt, impartial, independent and effective investigation into allegations of his mistreatment while in prison and allegations that his wife, Mrs. Tran Thi Hong, was tortured by the local authorities of Hoa Lu Ward, Pleiku City, Gia Lai Province, while in custody in 2016; bring any identified perpetrators to justice in fair trials; and provide reparations to Pastor Chinh and Mrs. Tran Thi Hong in accordance with Vietnam’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
Lutheran Pastor Nguyen Cong Chinh was sentenced to 11 years of imprisonment in 2012 after having been convicted of “undermining national unity policy” under Article 87 of Vietnam’s Penal Code, “by maintaining ties with the dissident groups and distributing material deemed to have slandered government authorities”. He was arbitrarily detained and jailed solely for peacefully practicing his faith and exercising his human rights to freedom of thought, conscience and religion and freedom of expression. His non-violent activities in criticizing government policies cannot justify his imprisonment and the abusive treatment and denial of his rights by prison authorities. These include verbal and physical abuse from other prisoners in collusion with or without intervention of prison officials, denial of medical treatment, detention in solitary confinement for a prolonged period, and denial of the rights to practice his religion and to buy additional food from the canteen to supplement the poor prison diet. Cumulatively, his alleged treatment in prison would constitute torture or other cruel, inhuman or degrading treatment or punishment as prohibited under the ICCPR, the CAT and the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
Additionally, Pastor Chinh’s family members, including his wife Mrs. Hong Tran, have also been the alleged victims of harassment which may amount to torture or ill-treatment. On 14 April 2016 at the Hoa Lu Ward, Pleiku City, Gia Lai Province, Vietnam, Mrs. Hong alleges that several unidentified men – whom she believes were undercover public security agents – forced her into a vehicle and took her to the People’s Committee Office where she says she was violently assaulted for more than three hours while being asked about her meeting with a US delegation on International Religious Freedom held on 30 March 2016. She also alleges she was the victim of several other violent incidents perpetrated by State authorities in May of the same year while being questioned about her activism.
Under international treaties binding the state, torture and other cruel, inhuman or degrading treatment or punishment is prohibited in all circumstances and torture is a crime under international law. According to the most recent Constitution (2013), the state “acknowledges, respects, protects and guarantees human rights”, guarantees that “the citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assembly, form associations and hold demonstrations” , whereas Article 24 guarantees “freedom of belief and religion” and the equality of all religions before the law.
As government leaders of the Socialist Republic of Vietnam, you are in the position to take steps to ensure that national laws and Constitutional provisions which comply with Vietnam’s international obligations are properly enforced.
We respectfully urge that your government immediately and unconditionally release Pastor Nguyen Cong Chinh and fully restore his legal rights; carry out prompt, impartial, independent and effective investigations into the allegations of torture and other ill-treatment made by Pastor Chinh and his wife Mrs. Hong and bring any identified perpetrators to justice following fair trials and provide reparations to Pastor Chinh and Mrs. Tran Thi Hong in accordance with Vietnam’s obligations under the ICCPR and CAT; respect international human rights laws and standards generally including the rights to freedom of thought, conscience and religion, speech, peaceful assembly and association in particular.
The community of civil society organizations and human rights advocates in Southeast Asia and around the world continue to monitor closely the situation of Mrs. Tran Thi Hong and Pastor Nguyen Cong Chinh, and we will continue to do so until he is released and the criminal conviction is expunged through appropriate legal processes.
SIGNED:
- Vietnamese Women for Human Rights – VIETNAM
- Boat People SOS – UNITED STATES OF AMERICA
- International Commission of Jurists – GENEVA, SWITZERLAND
- Civil Rights Defenders – SWEDEN
- Freedom House – UNITED STATES OF AMERICA
- International Institute for Religious Freedom – (BONN – BRASILIA – CAPE TOWN –
COLOMBO)
- Christian Solidarity Worldwide – UNITED KINGDOM
- Amnesty International – UNITED KINGDOM
- Norwegian Helsinki Committee – NORWAY
- Center for Inquiry – UNITED STATES OF AMERICA
- Church of Scientology National Affairs Office – WASHINGTON, DC
- Coalition for a Free and Democratic Vietnam – UNITED STATES OF AMERICA
- Committee for Religious Freedom in Vietnam – UNITED STATES OF AMERICA
- Vietnamese Unified Buddhist Sangha – VIETNAM
- Con Dau Parishioners Association – VIETNAM
- Montagnard Human Rights Organization – NC, UNITED STATES OF AMERICA
- Greg Mitchell, Co-Chair, International Religious Freedom Roundtable ; President, The
Mitchell Firm – UNITED STATES OF AMERICA
- The Russian Orthodox Church of America – UNITED STATES OF AMERICA
- C. Nasser Ahmad – UNITED STATES OF AMERICA
- Jubilee Campaign USA – UNITED STATES OF AMERICA
- Religious Freedom Institute – UNITED STATES OF AMERICA
- Dhruba Basu, Participatory Research in Asia – INDIA
- Bhawana Bhatta, Women Dialogue Forum – NEPAL
- Shui Meng Ng, Sombath Initiative – LAOS
- Anushani Alagarajah – Researcher and Activist – SRI LANKA
- Tanathorn Tananont, Human Rights Lawyer – THAILAND
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June 4, 2017
VIET NAM: IMMEDIATELY RELEASE PRISONER OF CONSCIENCE PASTOR NGUYEN CONG CHINH AND END HARASSMENT OF HIS FAMILY
by Nhan Quyen • [Human Rights], Nguyen Cong Chinh (Nguyen Thanh Long)
Amnesty International, June 1, 2017
Joint Open Letter signed by 26 organizations and individuals calling for the immediate and unconditional release of Pastor Nguyen Cong Chinh, a prisoner of conscience serving an 11-year prison term since 2011. The letter also calls for an end to the harassment of his family.
Open Letter
Vietnam must immediately release prisoner of conscience Pastor Nguyen Cong Chinh and end harassment of his family
May 23, 2017
To: President Tran Dai Quang,
Prime Minister Nguyen Xuan Phuc, and
National Assembly Chair Nguyen Thi Kim Ngan of the Socialist Republic of Vietnam
We, the undersigned organizations and individuals, call on the authorities of the Socialist Republic of Vietnam to: release Pastor Nguyen Cong Chinh unconditionally and immediately; carry out a prompt, impartial, independent and effective investigation into allegations of his mistreatment while in prison and allegations that his wife, Mrs. Tran Thi Hong, was tortured by the local authorities of Hoa Lu Ward, Pleiku City, Gia Lai Province, while in custody in 2016; bring any identified perpetrators to justice in fair trials; and provide reparations to Pastor Chinh and Mrs. Tran Thi Hong in accordance with Vietnam’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
Lutheran Pastor Nguyen Cong Chinh was sentenced to 11 years of imprisonment in 2012 after having been convicted of “undermining national unity policy” under Article 87 of Vietnam’s Penal Code, “by maintaining ties with the dissident groups and distributing material deemed to have slandered government authorities”. He was arbitrarily detained and jailed solely for peacefully practicing his faith and exercising his human rights to freedom of thought, conscience and religion and freedom of expression. His non-violent activities in criticizing government policies cannot justify his imprisonment and the abusive treatment and denial of his rights by prison authorities. These include verbal and physical abuse from other prisoners in collusion with or without intervention of prison officials, denial of medical treatment, detention in solitary confinement for a prolonged period, and denial of the rights to practice his religion and to buy additional food from the canteen to supplement the poor prison diet. Cumulatively, his alleged treatment in prison would constitute torture or other cruel, inhuman or degrading treatment or punishment as prohibited under the ICCPR, the CAT and the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
Additionally, Pastor Chinh’s family members, including his wife Mrs. Hong Tran, have also been the alleged victims of harassment which may amount to torture or ill-treatment. On 14 April 2016 at the Hoa Lu Ward, Pleiku City, Gia Lai Province, Vietnam, Mrs. Hong alleges that several unidentified men – whom she believes were undercover public security agents – forced her into a vehicle and took her to the People’s Committee Office where she says she was violently assaulted for more than three hours while being asked about her meeting with a US delegation on International Religious Freedom held on 30 March 2016. She also alleges she was the victim of several other violent incidents perpetrated by State authorities in May of the same year while being questioned about her activism.
Under international treaties binding the state, torture and other cruel, inhuman or degrading treatment or punishment is prohibited in all circumstances and torture is a crime under international law. According to the most recent Constitution (2013), the state “acknowledges, respects, protects and guarantees human rights”, guarantees that “the citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assembly, form associations and hold demonstrations” , whereas Article 24 guarantees “freedom of belief and religion” and the equality of all religions before the law.
As government leaders of the Socialist Republic of Vietnam, you are in the position to take steps to ensure that national laws and Constitutional provisions which comply with Vietnam’s international obligations are properly enforced.
We respectfully urge that your government immediately and unconditionally release Pastor Nguyen Cong Chinh and fully restore his legal rights; carry out prompt, impartial, independent and effective investigations into the allegations of torture and other ill-treatment made by Pastor Chinh and his wife Mrs. Hong and bring any identified perpetrators to justice following fair trials and provide reparations to Pastor Chinh and Mrs. Tran Thi Hong in accordance with Vietnam’s obligations under the ICCPR and CAT; respect international human rights laws and standards generally including the rights to freedom of thought, conscience and religion, speech, peaceful assembly and association in particular.
The community of civil society organizations and human rights advocates in Southeast Asia and around the world continue to monitor closely the situation of Mrs. Tran Thi Hong and Pastor Nguyen Cong Chinh, and we will continue to do so until he is released and the criminal conviction is expunged through appropriate legal processes.
SIGNED:
COLOMBO)
Mitchell Firm – UNITED STATES OF AMERICA