Defend the Defenders | April 08, 2018
The People’s Court of Hanoi has found prominent human rights defender Nguyen Van Dai and five other members of the unsanctioned Brotherhood for Democracy guilty of allegation of subversion under Article 79 of the country’s 1999 Penal Code, giving them a total of 66 years in prison and 17 years of probation afterward.
At the short trial on April 5, only five wives of Nguyen Van Dai, Nguyen Trung Ton, Nguyen Bac Truyen, Truong Minh Duc and Pham Van Troi and the mother of Le Thu Ha were allowed to enter the courtroom. Foreign diplomats from the EU, the US, Germany and Australia were permitted to observe the first-instance hearing in a separate room via TV screen.
Authorities in Hanoi kept many local activists under house arrest while detained dozens of others to prevent them from gathering near the court areas to support the defendants. Many detained activists, including land petitioner Trinh Ba Tu, were brutally beaten by police in custody before being released in late evening of Thursday.
After sentencing the activists, Vietnam’s government has been condemned by many foreign governments including the EU, the US, and Germany as well as international NGOs.
===== April 3 =====
Families of Six Pro-democracy Activists Yet to Be Granted With Permissions to Attend Their Upcoming Trial
Defend the Defenders: Families of six key members of the unsanctioned Brotherhood for Democracy have yet to be granted with permissions to attend their first-instance hearing on allegation of subversion on April 5-6, Defend the Defenders has learned.
On the afternoon of April 3, wives of prominent human rights attorney Nguyen Van Dai, Protestant pastor Nguyen Trung Ton, engineer Pham Van Troi, Nguyen Bac Truyen, and veteran journalist Truong Minh Duc came to the People’s Court of Hanoi to request the permissions from the court. However, representatives of the court received their requests without giving decisions about the matter.
The five wives said they will come back to the court tomorrow to send their requests.
Without the court’s permisions, the wives and relatives of the defendants cannot be allowed to attend the open trial.
Defend the Defenders has also learned that the court had granted permissions for some diplomatic corporations including the EU Delegation in Vietnam, the US Embassy and the Australian Embassy to send their diplomats to observe the trial. In many cases in the past, Vietnam’s authorities denied to grant similar permissions.
It is unclear whether foreign diplomats will be allowed to enter the courtroom or just observe the trial via tele screen in an another room, as it happened in some cases.
The family of Ms. Le Thu Ha, assistant of lawyer Nguyen Van Dai, has also yet to get such a permission.
Mr. Nguyen Van Dai and Ms. Le Thu Ha were arrested on December 16, 2015 and charged with “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code.
On July 30 last year, Vietnam’s communist government arrested Pham Van Troi, Nguyen Trung Ton, Truong Minh Duc and Nguyen Bac Truyen and charged them with “carrying out attempts to overthrow the people’s administration” under Article 79 of the Penal Code. The first three are senior members of the online pro-democracy group while Nguyen Bac Truyen is its co-founder but left the organization several years before being detained.
On the same day, Vietnam also charged Mr. Dai and Ms. Ha with subversion.
If convicted, the six defendants face life imprisonment or even death penalty, according to the current Vietnamese law.
All of them, with exception of Ms. Ha, are former prisoners of conscience, had served three or for years in prison on allegation of “conducting anti-state propaganda” due to their peaceful activities which aim to promote human rights and multi-democracy.
Vietnam says political hearings are open, however, activists and some cases even relatives of defendants are not allowed to enter courtrooms as authorities fill the courtrooms with plainclothes agents and pro-government people. In many cases, authorities deny foreign diplomats’ request to attend, taking technical issues as excuse.
In all political hearings in the past, security forces blocked all roads leading to the courtrooms, and in many cases, police detained, beat and robbed dozens activists and relatives of defendants.
The Brotherhood for Democracy is the center of Vietnam’s ongoing crackdown on political dissidents, human rights defenders, social activists and bloggers.
Afther the mass arrest in late July last year, Vietnam has arrested four other members of the organizations namely Nguyen Van Tuc, Nguyen Trung Truc, Tran Thi Xuan and Vu Van Hung. The first three were charged with subversion while the last was alleged with “inflicting injuries” under Article 134 of the 2015 Penal Code.
Since the begining of 2017, Vietnam has arrested at least 46 activists and convicted around 25 with lengthy sentences of between three and 16 years in prison. Among convicted are female activists Nguyen Ngoc Nhu Quynh and Tran Thi Nga, who have two kids each and received ten and nine years imprisonment, respectively.
Many foreign governments and international human rights organizations have condemned Vietnam’s ongoing persecution against local activists, demanding Vietnam to release all political prisoners and respect basic rights enshrined in the country’s 2013 Constitution and the International Covenant on Civil and Political Rights in which Vietnam is a signatory party.
===== April 4 =====
Hanoi Court Verbally Promises to Allow Families of Six Pro-democracy Activists to Attend Their Trial Tomorrow
Defend the Defenders: The People’s Court of Hanoi has given verbal promise to allow the families of six pro-democracy activists to attend their first-instance hearing scheduled on April 5-6, Defend the Defenders has learned.
Accordingly, on the morning of April 4, the court agreed to allow the wives of prominent human rights attorney Nguyen Van Dai, Protestant pastor Nguyen Trung Ton, engineer Pham Van Troi, veteran journalist and Vice President of the Viet Labor Movement Truong Minh Duc, and lawyer Nguyen Bac Truyen, as well as the mother of Ms. Le Thu Ha to enter the courtroom where the court will hear their case.
The court’s move came after the wives went to the court on the afternoon of April 3 and the morning of April 4 to submit their request to observe the open trial in the courtroom where the six human rights activists will be tried for “carrying out attempts to overthrow the people’s administration” under Article 79 of the Penal Code.
However, the court denied to grant a written form of approval so it is still to wait whether the wives and the mother will be permitted to enter the courtroom.
Some foreign diplomatic corporations, including the EU Delegation in Vietnam, the Embassies of the US and Australia were allowed to send their representatives to observe the hearing. In many cases in the past, Vietnam denied to grant similar access to the court.
Two days ahead of the trial, the New York-based organization Human Rights Watch released its statementcalling on Vietnam’s communist government to drop all charges against the six democracy and human rights campaigners and release them immediately and unconditionally.
“The only crime that these activists have committed is to campaign tirelessly for democracy and defend victims of human rights abuses,” said Brad Adams, Asia director. “The Vietnamese government should thank them for their efforts to improve the country instead of arresting and putting them on trial.”
Some activists, including former prisoner of conscience Nguyen Xuan Nghia, who left the Brotherhood for Democracy after two months joining, was warned by local authorities not to go to the court areas to support the defendants.
In all political hearings in the past, along with filling in the courtroom with police, plainclothes agents and pro-government individuals and denying others to get access to the courtroom, Vietnam deployed huge numbers of police and militia to block all roads leading to the court areas and suppressed activists, not allowing them to gather near court areas to support the defendants. In many cases, police and plainclothes agents violently dispersed them, detaining, beating and robbing them before releasing them when the courts issued final decisions.
===== April 5 =====
Vietnam Court Holds Trial of Six Pro-democracy Activists on Alleged Subversion
Defend the Defenders: On April 5, the People’s Court of Vietnam’s capital city of Hanoi holds the first-instance hearing of six pro-democracy activists members of the unsanctioned Brotherhood for Democracy (BFD) on allegation of subversion under Article 79 of the country’s 1999 Penal Code.
The defendants are prominent human rights attorney Nguyen Van Dai, Protestant pastor Nguyen Trung Ton, engineer Pham Van Troi, lawyer Nguyen Bac Truyen, veteran journalist and Vice President of the unregistered Viet Labor Movement Truong Minh Duc, and English teacher Le Thu Ha.
Nguyen Van Dai, Pham Van Troi, Nguyen Trung Ton and Nguyen Bac Truyen established BFD in 2013 with aim to promote human rights and multi-party democracy. The latest left the online organization several years ago.
Mr. Nguyen Van Dai and Ms. Le Thu Ha were arrested in late 2015 and charged with “conducting anti-state propaganda” under Article 88 of the 1999 Penal Code. When Vietnam’s authorities arrested the four others on July 30 last year, they charged the six human rights defenders with “carrying out attempts to overthrow the people’s administration” under Article 79 of the same code.
With exception of Ms. Le Thu Ha, the five remaining activists were former prisoners of conscience, had served between three and seven years in prison before being re-arrested for peaceful democratic activities. They have also been persecuted by security forces, including close surveillance, kidnap, torture and interrogation.
On the day of the trial, only five wives of the five male activists and the mother of Ms. Le Thu Ha were allowed to be in the courtroom while foreign diplomats were placed in a separate room to obseve the trial via TV screen.
Hanoi’s authorities have been deploying huge numbers of police, mobile police, plainclothes agents and militia to block all the roads leading to the court areas. They have also sent plainclothes agents to private residences of local activists in a bid to prevent them from going to the court’s areas to support the imprisoned activists.
In early morning, police arrested dozens of activists who tried to go to the court. Among detainees are Nguyen Thuy Hanh, Truong Minh Dung, former prisoner of consciences Can Thi Theu and Vu Thi Hai, and land petitioner Trinh Ba Phuong.
BFD is the main target of the Vietnamese ongoing crackdown on local dissent. After the mass arrest in July last year, Vietnam has detained four other members of the organization namely Nguyen Van Tuc, Nguyen Trung Truc, Tran Thi Xuan and Vu Van Hung. The first three were charged with subversion while the latest was alleged with “inflicting injuries” under Article 34 of the 2015 Penal Code.
According to the current Vietnamese law, individuals accused of subversion may face life imprisonment or even death penalty if convicted.
Since the begining of 2017, Vietnam has detained nearly 50 activists and convicted around 20 of them, giving them lengthy sentences of between three and 16 years in prison. Among convicted activists are female human rights defenders Nguyen Ngoc Nhu Quynh and Tran Thi Nga, who have kids in a school age. Quynh was sentenced to ten years in prison while Nga was given nine years in jail and five years under house arrest.
——————–
Six Vietnamese Pro-democracy Activists Convicted, Sentenced to Total 66 Years in Prison and 17 Years under House Arrest
Defend the Defenders: On April 5, the People’s Court of Hanoi found six pro-democracy activists members of the unsanctioned Brotherhood for Democracy guilty of subversion, sentencing them to a total 66 years in prison and 17 years under house arrest afterward.
The court made its decision in late evening of Thursday.
Particularly, human rights attorney Nguyen Van Dai, co-founder of the online pro-democracy group, was sentenced to 15 years in prison and five years under house arrest while Protestant pastor Nguyen Trung Ton and veteran journalist Truong Minh Duc, who is also vice president of the unregistered Viet Labor Movement were given 12 years in prison and three years under house arrest each.
Nguyen Bac Truyen, one of the organization’s co-founders but left it several years ago, was sentenced to 11 years in jail and three years of probation.
Ms. Le Thu Ha was sentenced to nine years in prison and two years under house arrest while Pham Van Troi, also co-founder of the organization and once headed it, was given the lightest sentence with seven years in prison and one year of probation.
During the one-day open trial, only five wives of the male defendants and the mother of Ms. Le Thu Ha were allowed to enter the courtroom in the center of Hanoi while foreign diplomats were placed in a separate room to observe the trial via TV screening.
Security forces in Hanoi placed many activists under de facto house arrest to prevent them from going to the court areas to support the imprisoned activists. They also detained dozens of other activists who tried to march to the court areas, keeping them in different locations until the trial ended. Some activists were reportedly brutally beaten in custody.
Mr. Nguyen Van Dai and Ms. Le Thu Ha were arrested on late 2015 with an initial charge of “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code.
The four others were arrested on July 30 last year with allegation of “carrying out attempts to overthrow the people’s administration” under Article 79 of the same code. On the same day, Vietnam also changed the charge against Mr. Nguyen Van Dai and Ms. Le Thu Ha to subversion.
Their arrests and convictions are part of the Vietnamese ongoing crackdown on local dissent amid rising social disatisfaction on the government’s bad economic management, systemic corruption and concession of the country’s sovereignty to China.
Since the beginning of 2017, Vietnam has arrested at least 45 activists and convicted at least 25 of them, sentencing them to lengthy sentences of between three and 16 years in prison.
Many foreign government and international human rights organizations have condemned Vietnam’s ongoing persecution against local political dissidents, human rights defenders, social activists and bloggers, calling on the communist government to release all political prisoners and prisoners of conscience.
According to the latest statistics of Amnesty International, Vietnam is holding nearly 100 prisoners of conscience.
===== April 6 =====
Vietnam Condemned Internationally After Imprisoning Six Pro-democracy Activists
Defend the Defenders: Vietnam’s communist government has been slammed by many foreign countries and international human rights organizations after jailing six pro-democracy activists on alleged subversion under Article 79 of the country’s 1999 Penal Code.
Few hours after the trial of prominent human rights attorney Nguyen Van Dai, Protestant pastor Nguyen Trung Ton, engineer Pham Van Troi, enterpreneur Nguyen Bac Truyen, veteran journalist and labor activist Truong Minh Duc and English teacher Le Thu Ha in which the People’s Court of Hanoi sentenced them to a total 66 years in prison and 17 years under probation after they complete the imprisonments, Spokesperson for Foreign Affairs and Security Policy/European Neighbourhood Policy and Enlargement Negotiations Maja Kocijancic of the European Union (EU) said the conviction and sentences of the six human rights defenders “as part of an extensive enforcement of the national security provisions of the Penal Code continues the negative trend of prosecuting and sentencing human rights activists and bloggers in Vietnam.”
In the statement, the Spokesperson said the imprisoned activists “have peacefully advocated the promotion and protection of human rights as guaranteed by the Vietnamese Constitution, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights,” adding their sentences are in direct breach of these international obligations, which Vietnam has itself signed up to, and which the European Union expects full respect for.
The official also pledged to continue to monitor and work with the authorities and all relevant stakeholders to improve the human rights situation in Vietnam.
On the same day, Spokesperson Heather Nauert of the US Department of State issued a press releasesaying the US is “deeply troubled that a Vietnamese court has convicted and sentenced peaceful activists Nguyen Van Dai, Le Thu Ha, Pham Van Troi, Nguyen Trung Ton, Nguyen Bac Truyen and Truong Minh Duc to harsh prison sentences under the vague charge of “activities aimed at overthrowing the people’s administration.”
Noting that individuals have the right to the fundamental freedoms of expression, association, and peaceful assembly, both online and offline, the spokesperson said the US is deeply concerned by the Vietnamese government’s efforts to restrict these rights, through a disturbing trend of increased arrests, convictions, and harsh sentences of peaceful activists.
The US calls on Vietnam to release all prisoners of conscience immediately, and to allow all individuals in Vietnam to express their views freely and assemble peacefully without fear of retribution, the official said.
The official also urges the Vietnamese government to ensure its actions and laws, including the Penal Code, are consistent with the human rights provisions of Vietnam’s Constitution, and Vietnam’s international obligations and commitments.
On April 6, German Commissioner for Human Rights Policy and Humanitarian Aid Dr. Bärbel Kofler issued a statement, saying the convictions of the six activists members of the unsanctioned Brotherhood for Democracy is a great concern. She expressed her concern about the lack of rule of law in the investigation and the trial.
The Federal Government of Germany, members of parliament, numerous German and international organizations and civil society actors are campaigning for the release of these activists, the Commissioner said, adding incumbent German President Frank-Walter Steinmeier, in his visit to Vietnam in October 2016 on his capacity of foreign minister, campaigned for release of Mr. Nguyen Van Dai.
In his press releaseon April 6, Minister Harriett Baldwin of the Foreign Office said the British Government is deeply concerned by the conviction of six Vietnamese activists on Thursday and Vietnam should not criminalize peaceful expression of views.
On Thursday, Reporters Without Borders (RSF) issued a statementurging Vietnam’s partners to press for an end to the government’s intolerable current crackdown. The trial of the six activists on the same day was exceptional in the seemingly endless series of trials of citizen-journalists in Vietnam because of the unprecedented severity of the sentences, the RSF said.
“The only crime committed by these Brotherhood for Democracy members was posting articles calling for respect for human rights in Vietnam. The severity of the sentences has only one explanation – it was meant to intimidate those who dare to raise issues in the public interest,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk.
As a result of this unprecedented crackdown, Vietnam has lost all credibility on the international stage and its partners must draw the unavoidable conclusions” he noted.
RSF urges EU member countries to veto the free trade agreement with Vietnam that was supposed to be approved in 2018. It calls on the US to raise human rights issues in trade talks with Vietnam in the coming weeks to ensure respect for press freedom.
Prior to the Thursday’s trial, Human Rights Watch urges Vietnam to drop all charges against the six activists and release them immediately
“The only crime that these activists have committed is to campaign tirelessly for democracy and defend victims of human rights abuses,” said Brad Adams, Asia director. “The Vietnamese government should thank them for their efforts to improve the country instead of arresting and putting them on trial.”
The six jailed activists are listed as prisoners of conscience by Amnesty International. Earlier this week, the London-based human rights organization announced that Vietnam is holding at least 97 prisoners of conscience.
One day before the first-instance hearing, 46 Vietnamese civil organizations and hundreds of activists issued a joint statement requesting the Vietnamese government to release the jailed activists immediately and uncondictionally.
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April 8, 2018
Vietnam Human Rights Defenders’ Weekly Report for April 2-8, 2018: Hanoi Gives Lengthy Sentences to Pro-democracy Activists for Subversion
by Nhan Quyen • [Human Rights], DEFENDER’S WEEKLY
Defend the Defenders | April 08, 2018
The People’s Court of Hanoi has found prominent human rights defender Nguyen Van Dai and five other members of the unsanctioned Brotherhood for Democracy guilty of allegation of subversion under Article 79 of the country’s 1999 Penal Code, giving them a total of 66 years in prison and 17 years of probation afterward.
At the short trial on April 5, only five wives of Nguyen Van Dai, Nguyen Trung Ton, Nguyen Bac Truyen, Truong Minh Duc and Pham Van Troi and the mother of Le Thu Ha were allowed to enter the courtroom. Foreign diplomats from the EU, the US, Germany and Australia were permitted to observe the first-instance hearing in a separate room via TV screen.
Authorities in Hanoi kept many local activists under house arrest while detained dozens of others to prevent them from gathering near the court areas to support the defendants. Many detained activists, including land petitioner Trinh Ba Tu, were brutally beaten by police in custody before being released in late evening of Thursday.
After sentencing the activists, Vietnam’s government has been condemned by many foreign governments including the EU, the US, and Germany as well as international NGOs.
===== April 3 =====
Families of Six Pro-democracy Activists Yet to Be Granted With Permissions to Attend Their Upcoming Trial
Defend the Defenders: Families of six key members of the unsanctioned Brotherhood for Democracy have yet to be granted with permissions to attend their first-instance hearing on allegation of subversion on April 5-6, Defend the Defenders has learned.
On the afternoon of April 3, wives of prominent human rights attorney Nguyen Van Dai, Protestant pastor Nguyen Trung Ton, engineer Pham Van Troi, Nguyen Bac Truyen, and veteran journalist Truong Minh Duc came to the People’s Court of Hanoi to request the permissions from the court. However, representatives of the court received their requests without giving decisions about the matter.
The five wives said they will come back to the court tomorrow to send their requests.
Without the court’s permisions, the wives and relatives of the defendants cannot be allowed to attend the open trial.
Defend the Defenders has also learned that the court had granted permissions for some diplomatic corporations including the EU Delegation in Vietnam, the US Embassy and the Australian Embassy to send their diplomats to observe the trial. In many cases in the past, Vietnam’s authorities denied to grant similar permissions.
It is unclear whether foreign diplomats will be allowed to enter the courtroom or just observe the trial via tele screen in an another room, as it happened in some cases.
The family of Ms. Le Thu Ha, assistant of lawyer Nguyen Van Dai, has also yet to get such a permission.
Mr. Nguyen Van Dai and Ms. Le Thu Ha were arrested on December 16, 2015 and charged with “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code.
On July 30 last year, Vietnam’s communist government arrested Pham Van Troi, Nguyen Trung Ton, Truong Minh Duc and Nguyen Bac Truyen and charged them with “carrying out attempts to overthrow the people’s administration” under Article 79 of the Penal Code. The first three are senior members of the online pro-democracy group while Nguyen Bac Truyen is its co-founder but left the organization several years before being detained.
On the same day, Vietnam also charged Mr. Dai and Ms. Ha with subversion.
If convicted, the six defendants face life imprisonment or even death penalty, according to the current Vietnamese law.
All of them, with exception of Ms. Ha, are former prisoners of conscience, had served three or for years in prison on allegation of “conducting anti-state propaganda” due to their peaceful activities which aim to promote human rights and multi-democracy.
Vietnam says political hearings are open, however, activists and some cases even relatives of defendants are not allowed to enter courtrooms as authorities fill the courtrooms with plainclothes agents and pro-government people. In many cases, authorities deny foreign diplomats’ request to attend, taking technical issues as excuse.
In all political hearings in the past, security forces blocked all roads leading to the courtrooms, and in many cases, police detained, beat and robbed dozens activists and relatives of defendants.
The Brotherhood for Democracy is the center of Vietnam’s ongoing crackdown on political dissidents, human rights defenders, social activists and bloggers.
Afther the mass arrest in late July last year, Vietnam has arrested four other members of the organizations namely Nguyen Van Tuc, Nguyen Trung Truc, Tran Thi Xuan and Vu Van Hung. The first three were charged with subversion while the last was alleged with “inflicting injuries” under Article 134 of the 2015 Penal Code.
Since the begining of 2017, Vietnam has arrested at least 46 activists and convicted around 25 with lengthy sentences of between three and 16 years in prison. Among convicted are female activists Nguyen Ngoc Nhu Quynh and Tran Thi Nga, who have two kids each and received ten and nine years imprisonment, respectively.
Many foreign governments and international human rights organizations have condemned Vietnam’s ongoing persecution against local activists, demanding Vietnam to release all political prisoners and respect basic rights enshrined in the country’s 2013 Constitution and the International Covenant on Civil and Political Rights in which Vietnam is a signatory party.
===== April 4 =====
Hanoi Court Verbally Promises to Allow Families of Six Pro-democracy Activists to Attend Their Trial Tomorrow
Defend the Defenders: The People’s Court of Hanoi has given verbal promise to allow the families of six pro-democracy activists to attend their first-instance hearing scheduled on April 5-6, Defend the Defenders has learned.
Accordingly, on the morning of April 4, the court agreed to allow the wives of prominent human rights attorney Nguyen Van Dai, Protestant pastor Nguyen Trung Ton, engineer Pham Van Troi, veteran journalist and Vice President of the Viet Labor Movement Truong Minh Duc, and lawyer Nguyen Bac Truyen, as well as the mother of Ms. Le Thu Ha to enter the courtroom where the court will hear their case.
The court’s move came after the wives went to the court on the afternoon of April 3 and the morning of April 4 to submit their request to observe the open trial in the courtroom where the six human rights activists will be tried for “carrying out attempts to overthrow the people’s administration” under Article 79 of the Penal Code.
However, the court denied to grant a written form of approval so it is still to wait whether the wives and the mother will be permitted to enter the courtroom.
Some foreign diplomatic corporations, including the EU Delegation in Vietnam, the Embassies of the US and Australia were allowed to send their representatives to observe the hearing. In many cases in the past, Vietnam denied to grant similar access to the court.
Two days ahead of the trial, the New York-based organization Human Rights Watch released its statementcalling on Vietnam’s communist government to drop all charges against the six democracy and human rights campaigners and release them immediately and unconditionally.
“The only crime that these activists have committed is to campaign tirelessly for democracy and defend victims of human rights abuses,” said Brad Adams, Asia director. “The Vietnamese government should thank them for their efforts to improve the country instead of arresting and putting them on trial.”
Some activists, including former prisoner of conscience Nguyen Xuan Nghia, who left the Brotherhood for Democracy after two months joining, was warned by local authorities not to go to the court areas to support the defendants.
In all political hearings in the past, along with filling in the courtroom with police, plainclothes agents and pro-government individuals and denying others to get access to the courtroom, Vietnam deployed huge numbers of police and militia to block all roads leading to the court areas and suppressed activists, not allowing them to gather near court areas to support the defendants. In many cases, police and plainclothes agents violently dispersed them, detaining, beating and robbing them before releasing them when the courts issued final decisions.
===== April 5 =====
Vietnam Court Holds Trial of Six Pro-democracy Activists on Alleged Subversion
Defend the Defenders: On April 5, the People’s Court of Vietnam’s capital city of Hanoi holds the first-instance hearing of six pro-democracy activists members of the unsanctioned Brotherhood for Democracy (BFD) on allegation of subversion under Article 79 of the country’s 1999 Penal Code.
The defendants are prominent human rights attorney Nguyen Van Dai, Protestant pastor Nguyen Trung Ton, engineer Pham Van Troi, lawyer Nguyen Bac Truyen, veteran journalist and Vice President of the unregistered Viet Labor Movement Truong Minh Duc, and English teacher Le Thu Ha.
Nguyen Van Dai, Pham Van Troi, Nguyen Trung Ton and Nguyen Bac Truyen established BFD in 2013 with aim to promote human rights and multi-party democracy. The latest left the online organization several years ago.
Mr. Nguyen Van Dai and Ms. Le Thu Ha were arrested in late 2015 and charged with “conducting anti-state propaganda” under Article 88 of the 1999 Penal Code. When Vietnam’s authorities arrested the four others on July 30 last year, they charged the six human rights defenders with “carrying out attempts to overthrow the people’s administration” under Article 79 of the same code.
With exception of Ms. Le Thu Ha, the five remaining activists were former prisoners of conscience, had served between three and seven years in prison before being re-arrested for peaceful democratic activities. They have also been persecuted by security forces, including close surveillance, kidnap, torture and interrogation.
On the day of the trial, only five wives of the five male activists and the mother of Ms. Le Thu Ha were allowed to be in the courtroom while foreign diplomats were placed in a separate room to obseve the trial via TV screen.
Hanoi’s authorities have been deploying huge numbers of police, mobile police, plainclothes agents and militia to block all the roads leading to the court areas. They have also sent plainclothes agents to private residences of local activists in a bid to prevent them from going to the court’s areas to support the imprisoned activists.
In early morning, police arrested dozens of activists who tried to go to the court. Among detainees are Nguyen Thuy Hanh, Truong Minh Dung, former prisoner of consciences Can Thi Theu and Vu Thi Hai, and land petitioner Trinh Ba Phuong.
BFD is the main target of the Vietnamese ongoing crackdown on local dissent. After the mass arrest in July last year, Vietnam has detained four other members of the organization namely Nguyen Van Tuc, Nguyen Trung Truc, Tran Thi Xuan and Vu Van Hung. The first three were charged with subversion while the latest was alleged with “inflicting injuries” under Article 34 of the 2015 Penal Code.
According to the current Vietnamese law, individuals accused of subversion may face life imprisonment or even death penalty if convicted.
Since the begining of 2017, Vietnam has detained nearly 50 activists and convicted around 20 of them, giving them lengthy sentences of between three and 16 years in prison. Among convicted activists are female human rights defenders Nguyen Ngoc Nhu Quynh and Tran Thi Nga, who have kids in a school age. Quynh was sentenced to ten years in prison while Nga was given nine years in jail and five years under house arrest.
——————–
Six Vietnamese Pro-democracy Activists Convicted, Sentenced to Total 66 Years in Prison and 17 Years under House Arrest
Defend the Defenders: On April 5, the People’s Court of Hanoi found six pro-democracy activists members of the unsanctioned Brotherhood for Democracy guilty of subversion, sentencing them to a total 66 years in prison and 17 years under house arrest afterward.
The court made its decision in late evening of Thursday.
Particularly, human rights attorney Nguyen Van Dai, co-founder of the online pro-democracy group, was sentenced to 15 years in prison and five years under house arrest while Protestant pastor Nguyen Trung Ton and veteran journalist Truong Minh Duc, who is also vice president of the unregistered Viet Labor Movement were given 12 years in prison and three years under house arrest each.
Nguyen Bac Truyen, one of the organization’s co-founders but left it several years ago, was sentenced to 11 years in jail and three years of probation.
Ms. Le Thu Ha was sentenced to nine years in prison and two years under house arrest while Pham Van Troi, also co-founder of the organization and once headed it, was given the lightest sentence with seven years in prison and one year of probation.
During the one-day open trial, only five wives of the male defendants and the mother of Ms. Le Thu Ha were allowed to enter the courtroom in the center of Hanoi while foreign diplomats were placed in a separate room to observe the trial via TV screening.
Security forces in Hanoi placed many activists under de facto house arrest to prevent them from going to the court areas to support the imprisoned activists. They also detained dozens of other activists who tried to march to the court areas, keeping them in different locations until the trial ended. Some activists were reportedly brutally beaten in custody.
Mr. Nguyen Van Dai and Ms. Le Thu Ha were arrested on late 2015 with an initial charge of “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code.
The four others were arrested on July 30 last year with allegation of “carrying out attempts to overthrow the people’s administration” under Article 79 of the same code. On the same day, Vietnam also changed the charge against Mr. Nguyen Van Dai and Ms. Le Thu Ha to subversion.
Their arrests and convictions are part of the Vietnamese ongoing crackdown on local dissent amid rising social disatisfaction on the government’s bad economic management, systemic corruption and concession of the country’s sovereignty to China.
Since the beginning of 2017, Vietnam has arrested at least 45 activists and convicted at least 25 of them, sentencing them to lengthy sentences of between three and 16 years in prison.
Many foreign government and international human rights organizations have condemned Vietnam’s ongoing persecution against local political dissidents, human rights defenders, social activists and bloggers, calling on the communist government to release all political prisoners and prisoners of conscience.
According to the latest statistics of Amnesty International, Vietnam is holding nearly 100 prisoners of conscience.
===== April 6 =====
Vietnam Condemned Internationally After Imprisoning Six Pro-democracy Activists
Defend the Defenders: Vietnam’s communist government has been slammed by many foreign countries and international human rights organizations after jailing six pro-democracy activists on alleged subversion under Article 79 of the country’s 1999 Penal Code.
Few hours after the trial of prominent human rights attorney Nguyen Van Dai, Protestant pastor Nguyen Trung Ton, engineer Pham Van Troi, enterpreneur Nguyen Bac Truyen, veteran journalist and labor activist Truong Minh Duc and English teacher Le Thu Ha in which the People’s Court of Hanoi sentenced them to a total 66 years in prison and 17 years under probation after they complete the imprisonments, Spokesperson for Foreign Affairs and Security Policy/European Neighbourhood Policy and Enlargement Negotiations Maja Kocijancic of the European Union (EU) said the conviction and sentences of the six human rights defenders “as part of an extensive enforcement of the national security provisions of the Penal Code continues the negative trend of prosecuting and sentencing human rights activists and bloggers in Vietnam.”
In the statement, the Spokesperson said the imprisoned activists “have peacefully advocated the promotion and protection of human rights as guaranteed by the Vietnamese Constitution, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights,” adding their sentences are in direct breach of these international obligations, which Vietnam has itself signed up to, and which the European Union expects full respect for.
The official also pledged to continue to monitor and work with the authorities and all relevant stakeholders to improve the human rights situation in Vietnam.
On the same day, Spokesperson Heather Nauert of the US Department of State issued a press releasesaying the US is “deeply troubled that a Vietnamese court has convicted and sentenced peaceful activists Nguyen Van Dai, Le Thu Ha, Pham Van Troi, Nguyen Trung Ton, Nguyen Bac Truyen and Truong Minh Duc to harsh prison sentences under the vague charge of “activities aimed at overthrowing the people’s administration.”
Noting that individuals have the right to the fundamental freedoms of expression, association, and peaceful assembly, both online and offline, the spokesperson said the US is deeply concerned by the Vietnamese government’s efforts to restrict these rights, through a disturbing trend of increased arrests, convictions, and harsh sentences of peaceful activists.
The US calls on Vietnam to release all prisoners of conscience immediately, and to allow all individuals in Vietnam to express their views freely and assemble peacefully without fear of retribution, the official said.
The official also urges the Vietnamese government to ensure its actions and laws, including the Penal Code, are consistent with the human rights provisions of Vietnam’s Constitution, and Vietnam’s international obligations and commitments.
On April 6, German Commissioner for Human Rights Policy and Humanitarian Aid Dr. Bärbel Kofler issued a statement, saying the convictions of the six activists members of the unsanctioned Brotherhood for Democracy is a great concern. She expressed her concern about the lack of rule of law in the investigation and the trial.
The Federal Government of Germany, members of parliament, numerous German and international organizations and civil society actors are campaigning for the release of these activists, the Commissioner said, adding incumbent German President Frank-Walter Steinmeier, in his visit to Vietnam in October 2016 on his capacity of foreign minister, campaigned for release of Mr. Nguyen Van Dai.
In his press releaseon April 6, Minister Harriett Baldwin of the Foreign Office said the British Government is deeply concerned by the conviction of six Vietnamese activists on Thursday and Vietnam should not criminalize peaceful expression of views.
On Thursday, Reporters Without Borders (RSF) issued a statementurging Vietnam’s partners to press for an end to the government’s intolerable current crackdown. The trial of the six activists on the same day was exceptional in the seemingly endless series of trials of citizen-journalists in Vietnam because of the unprecedented severity of the sentences, the RSF said.
“The only crime committed by these Brotherhood for Democracy members was posting articles calling for respect for human rights in Vietnam. The severity of the sentences has only one explanation – it was meant to intimidate those who dare to raise issues in the public interest,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk.
As a result of this unprecedented crackdown, Vietnam has lost all credibility on the international stage and its partners must draw the unavoidable conclusions” he noted.
RSF urges EU member countries to veto the free trade agreement with Vietnam that was supposed to be approved in 2018. It calls on the US to raise human rights issues in trade talks with Vietnam in the coming weeks to ensure respect for press freedom.
Prior to the Thursday’s trial, Human Rights Watch urges Vietnam to drop all charges against the six activists and release them immediately
“The only crime that these activists have committed is to campaign tirelessly for democracy and defend victims of human rights abuses,” said Brad Adams, Asia director. “The Vietnamese government should thank them for their efforts to improve the country instead of arresting and putting them on trial.”
The six jailed activists are listed as prisoners of conscience by Amnesty International. Earlier this week, the London-based human rights organization announced that Vietnam is holding at least 97 prisoners of conscience.
One day before the first-instance hearing, 46 Vietnamese civil organizations and hundreds of activists issued a joint statement requesting the Vietnamese government to release the jailed activists immediately and uncondictionally.
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