Latest Count: Vietnam Holds 246 Prisoners of Conscience
Press Release, October 1, 2018
According to the Now!Campaign, which consists of 14 international and Vietnamese civil society organizations, the government of Vietnam is holding at least 246 in prisons or similar forms of detention compared to 165 cases in November 2017, when the campaign was launched. This makes the country the second largest jailer of dissidents in the region, only behind Myanmar.
The above number includes 219 who have been convicted – typically of political crimes such as “propaganda against the state” and “injuring the national unity”– and 26 others held in pre-trial detention, as well as one (Venerable Thich Quang Do, the Supreme Patriarch of the Unified Buddhist Church of Vietnam) under indefinite house arrest. Bloggers, lawyers, unionists, land rights activists, political dissidents, and followers of non-registered minority religions have been arrested and detained for peacefully exercising their internationally and constitutionally protected rights, principally the right to freedom of expression, freedom of peaceful assembly and freedom of religion or belief. The list does not include individuals who have engaged in or advocated violence.
In the first nine months of 2018, Vietnam has arrested 24 human rights activists. By the end of September, it has convicted 33 activists and sentenced themto a total of 225.5years in prison and 56 years of probation.In addition, 60 persons wereconvicted in connection to themass demonstrationsthat started inmid-June, where tens of thousands of protesters opposed the two bills on Special Economic Zones and Cyber Security. Thedemonstrators were sentenced to a total of 113 years and five months in prison and 89 months of probation.
Thirty-two of the prisoners of conscience identified by the NOW! Campaign are female. With one exception, all of these women come from the majority Kinh ethnic group. The one exception, Rmah Hruth, is an ethnic Jarai woman who was sentenced to five years’ imprisonment in March 2014. In total, 148people, or 60.2 % of the list, are ethnic Kinh. The second largest ethnic grouping on the list are Montagnards, a loose set of religious and ethnic minorities who live in the mountains of the Central Highlands. They account for 75 people, 30.5% of those on the list. Two of those on the list are Khmer Krom. At the time of writing, the NOW! Campaign has yet to confirm the ethnicity of the seven others on the list.
Mostprisoners of conscience have been charged withor convictedof allegationsunder Articles 79, 87 and 88 of the1999Penal Codeor Article 109, 117 and 331 in the 2015 Penal Code:
– 38 activists convicted and six charged with subversion (Article 79 of 1999 Penal Code or Article 109 in the 2015 Penal Code);
– 13 activists convicted and five charged with anti-state propaganda (Article 88 of the 1999 Penal Code or Article 117 of the 2015 Penal Code);
– 36 people from ethnic minorities were convicted for undermining the national unity policy (Article 87 of the 1999 Penal Code);
– 12 activists wereconvicted oror charged with “abusing democratic freedom” (Article 258 of the 1999 Penal Code or Article 331 of the 2015 Penal Code);
– 65 individuals were convictedofor charged with “disrupting public orders” (under Article 245 of the 1999 Penal Code or Article 318 of the 2015 Penal Code). Sixty of them were imprisoned for participatingor being suspected of planning to participatein the mid-June demonstrations and their aftermath;
– The charge(s) for 53 individuals are unknown or have yet been announced by authorities.
Background:Vietnam’s government continues its intensified crackdown on local dissent by convicting many activists and arresting numerous other government critics, bloggers, Facebook users,nonviolentdemonstrators, and other critics of the government
In order to deal with growing social disatisfaction and silence activists as well as discourage critics, the government has applied severe measures, including sentencing democracy activists and human rights defenders to lengthy sentences, arresting outspoken bloggers and charging them with patently political “crimes”, and employing harsh measuresto prevent street demonstrations.
Arrestsin the aftermath of the June demonstrations: Between July 1 and September 30, Vietnam arrested 19 activists and bloggers. Halfof them were charged underprovisions of the Penal Code while the charges againstthe remaining nine have not been announced.
University student Huynh Duc Thanh Binh was chargedwith “attempting to overthrow the government” under Article 109 of the 2015 Penal Code, while Nguyen Ngoc Anh, Nguyen Trung Linh, and Huynh Truong Ca were charged with “[m]aking, storing, [or] spreading information, materials, [or]items for the purpose of opposing the government of the Socialist Republic of Vietnam” under Article 117. Bloggers Le Anh Hung, Nguyen Hong Nguyen, Truong Dinh Khang, Bui Manh Dong, and Doan Khanh Vinh Quang were charged with “abusing democratic freedom” under Article 331. Doan Khanh Vinh Quang and Bui Manh Dongwere originally accused of “[i]llegal provision or use of information on computer networks or telecommunications networks” under Article 288 but later tried under Article 331.
In addition, Ms. Hoang Thi Thu Vang, 52, was arrested on September 3, 2018 and charged with “Disruption of security” under Article 118 of the Penal Code. She is held incommunicado in Ho Chi Minh City.
All of these dissidents have been held incommunicado during the investigation period. They are not permitted to meet with their lawyers, and their families are not allowed to visit them in person and must turn over to the prison authorities food, medicine and other personal necessities intended for the detainees.
On July 7and 8, police arrested Huynh Duc Thinh, the father of Huynh Duc Thanh Binhwhose case is discussed above, and Tran Long Phi as well as Vietnamese American Michael Nguyen Phuong Minh. The first three had been participating in a peaceful demonstration in June to protest the new laws on Special Economic Zones and Cyber Security. While Binh was charged with subversion, the charges against the other threehave not been announced.
Duringand aroundthe Independence Day holiday (September 2),thepolice in Ho Chi Minh City (aka Saigon) reportedly arrested a dozen members of the unregistered group Hien Phap (Constitution),which seeks to promote human rightsthat are constitutionally guaranteed to all citizens by distributing copies of Vietnam’s 2013 Constitution. Police were said to have releasedsome of them but still to be holdingeight members of the group for investigation. On September 1, police announced the arrest of only Huynh Truong Ca, who was later charged under Article 117. The families of bloggers Ngo Van Dung, Doan Thi Hong and Do The Hoa said they hadnot yet been informed by police of the arrest and detention of their relatives or of any charges against them.
Convictions: In the past three months, Vietnam convicted eight activists named Le Dinh Luong, Nguyen Trung Truc, Dao Quang Thuc, Do Cong Duong, Doan Khanh Vinh Quang, Bui Manh Dong, Nguyen Hong Nguyen and Truong Dinh Khang, and upheld the 13-year sentence of Nguyen Van Tuc but reduced the sentence of Nguyen Viet Dung by one year, to six years in prison and five years of probation.
Messrs. Luong, Thuc and Truc were all convicted of “subversion”andwere sentenced to 20 years, 13 years,and 12 years in prison, respectively, followed by five years of probationeach,for their social media advocacy of human rights, multi-party democracy, and environmental justice. The sentence of Mr. Luong was the highest imposed on a peaceful dissidentin many years.
On September 22, Mr. Nguyen Hong Nguyen and Ms. Truong Dinh Khang were convicted for “abusing democratic freedoms” and sentenced to two years and one year,respectively,for posting and sharing articles that were critical of the government on their Facebook accounts. In thenext five days, authorities in Can Tho City sentenced Doan Khanh Vinh Quang to 27 months and Bui Manh Dong to 30 months in prison onthe same charge.
Do Cong Duong, who had petitioned for the return of confiscated land and exposed corruption among government officials in Tu Son Town,Bac Ninh Province, was sentenced to four years in prison for “disrupting public order” because he had filmed a forced eviction. He now faces a second trial, expected to take place in October, on an additional charge of “abusing democratic freedoms” under Article 331.
Of the60 protesters who had, or had been suspected of having, participatedin themid-June mass demonstrationswere convicted of “disrupting public order” under Article 318 of the Penal Code, 52 were sentenced to between eight months and 54 months in prison and the remaining eight were given between five and 12 months of probation.
On October 5, Vietnam will hold the first-instance trial hearing against democracy activist Luu Van Vinh and his associates Nguyen Van Duc Do, Phan Trung, Nguyen Quoc Hoan and Tu Cong Nghia. They were all linked to the Coalition for Self-Determination for the Vietnamese People, which was founded by Mr. Vinh. They were arrested in early November 2016 and charged with subversion. They have been inpre-trialdetention since their arrests.
Mistreatment in prison: In July-August, imprisoned human rights activists Tran Thi Nga and Nguyen Ngoc Nhu Quynh (Mother Mushroom) were reportedly mistreated in prison. Ms. Nga was beaten and given death threats by an inmate.On September 29, Nga was denied of her family’s visit and her family is concerned about her safety. The last time she met with her family was July 26.
Ms. Quynh was also threatened by an inmate and provided with poor-quality food. Quynh conducted a long-lasting hunger strike on July 7-23 in a bid to protest the prison’s inhumane treatment.
Mr. Tran Huynh Duy Thuc, who is serving his 16-year imprisonment in the Prison camp No. 6 in the central province of Nghe An, conducted hunger strike on August 14-September 16 in a bid to protest the prison’s bad treatment which aims to force him to make wrong confession.
The Ministry of Public Security is applying a common practice to send convicted human rights activists after the final hearings to serve their sentences to prison camps far from their families as additional punishment for those who refuse to admit wrongdoings.The victims include Tran Huynh Duy Thuc, Nguyen Ngoc Nhu Quynh, and Tran Thi Nga who were sent to prisons located between 1,000 km and 2,000 km from their families. The following table lists a number of illustrative cases.
Releasefrom prison:On August 10, Ms. Tran Thi Thuy completedher 8-year imprisonment for “conducting anti-state propaganda” under Article 88 of the 1999 Penal Code. She is now serving five yearsof probation.
=============
The term “prisoner of conscience” (POC) was coined by Peter Benenson in the 1960s. It refers to any individual “imprisoned for his/her political, religious or conscientiously held beliefs, ethnic origin, sex, colour, language, national or social origin, economic status, birth, sexual orientation or other status who have not used violence or advocated violence or hatred.”
The NOW! Campaign is a joint campaign initiated by Boat People SOS calling upon the government of Vietnam to release all prisoners of conscience immediately and unconditionally. The campaign is supported by 14 non-government organizations:
Boat People SOS (BPSOS)
Front Line Defenders (FLD)
Civil Right Defenders (CRD)
Christian Solidarity Worldwide (CSW)
Defend the Defenders (DTD)
Stefanus Alliance International
Asian Parliamentatian for Human Rights (APHR)
The 88 Project
Independent Journalists Association of Vietnam (IJAVN)
Progressive Voice-Burma
Vietnam Women for Human Rights (VNWHR)
Campaign to Abolish Torture in Vietnam (VN-CAT)
World Organisation Against Torture (OMCT)
Montagnard Human Rights Organization (MHRO)
Join NOW! and call on the government of Vietnam to release immediately and unconditionally all prisoners of conscience and peaceful human rights activists being held in pre-trial detention. For more information, visit www.vietnampocs.com.
============
Appendix: List of Vietnamese Prisoners of Conscience as of September 30, 2018
No. |
Full name |
Gender |
DOB |
Charge(s) |
Sentence |
1 |
Dao Quang Thuc |
male |
1960 |
79 |
14 years |
2 |
Le Dinh Luong |
male |
1965 |
79 |
20 years |
3 |
Nguyen Van Tuc |
male |
1974 |
79 |
13 years |
4 |
Nguyen Trung Truc |
male |
1963 |
79 |
12 years |
5 |
Nguyen Trung Ton |
male |
1971 |
79 |
12 years |
6 |
Truong Minh Duc |
male |
1960 |
79 |
12 years |
7 |
Pham Van Troi |
male |
1972 |
79 |
7 years |
8 |
Nguyen Bac Truyen |
male |
1968 |
79 |
11 years |
9 |
Tran Thi Xuan |
female |
1976 |
79 |
9 years |
10 |
Nguyen Viet Dung |
male |
1976 |
88 |
6 years |
11 |
Tran Hoang Phuc |
male |
1994 |
88 |
6 years |
12 |
Vu Quang Thuan |
male |
1966 |
88 |
8 years |
13 |
Nguyen Van Dien |
male |
1980 |
88 |
6 years six months |
14 |
Hoang Duc Binh |
male |
1983 |
330, 331 |
14 years |
15 |
Phan Kim Khanh |
male |
1983 |
88 |
6 years |
16 |
Tran Huynh Duy Thuc |
male |
1966 |
79 |
16 years |
17 |
Nguyen Van Oai |
male |
1981 |
257, 304 |
5 years |
18 |
Tran Thi Nga |
female |
1977 |
88 |
9 years |
19 |
Nguyen Van Hoa |
male |
1995 |
88 |
7 years |
20 |
Ho Van Hai (Ho Hai) |
male |
1957 |
88 |
4 years |
21 |
Nguyen Ngoc Nhu Quynh |
female |
1979 |
88 |
10 years |
22 |
Le Thanh Tung |
male |
1968 |
79 |
12 years |
23 |
Tran Anh Kim |
male |
1949 |
79 |
13 years |
24 |
Nguyen Huu Quoc Duy |
male |
1985 |
88 |
3 years |
25 |
Nguyen Huu Vinh |
male |
1956 |
258 |
5 years |
26 |
Ngo Hao |
male |
1943 |
79 |
15 years |
27 |
Dinh Nguyen Kha |
male |
1988 |
88 |
6 years |
28 |
Nguyen Dang Minh Man |
female |
1985 |
79 |
8 years |
29 |
Ho Duc Hoa |
male |
1974 |
79 |
13 years |
30 |
Nguyen Hoang Quoc Hung |
male |
1981 |
89 |
9 years |
31 |
Bui Hieu Vo |
male |
1962 |
88 |
4 years six months |
32 |
Pham Thi Phuong |
female |
1945 |
79 |
11 years |
33 |
Phan Van Thu |
male |
1948 |
79 |
life prison |
34 |
Le Xuan Phuc |
male |
1951 |
79 |
15 years |
35 |
Le Trong Cu |
male |
1966 |
79 |
12 years |
36 |
Le Duy Loc |
male |
1956 |
79 |
12 years |
37 |
Nguyen Ky Lac |
male |
1956 |
79 |
12 years |
No. |
Full name |
Gender |
DOB |
Charge(s) |
Sentence |
38 |
Do Thi Hong |
female |
1957 |
79 |
13 years |
39 |
Ta Khu |
male |
1947 |
79 |
16 years |
40 |
Tran Phi Dung |
male |
1984 |
79 |
13 years |
41 |
Tran Quan |
male |
1966 |
79 |
13 years |
42 |
Vo Ngoc Cu |
male |
1951 |
79 |
16 years |
43 |
Vo Thanh Le |
male |
1955 |
79 |
16 years |
44 |
Vo Tiet |
male |
1952 |
79 |
16 years |
45 |
Vuong Tan Son |
male |
1953 |
79 |
17 years |
46 |
Doan Dinh Nam |
male |
1951 |
79 |
16 years |
47 |
Doan Van Cu |
male |
1962 |
79 |
14 years |
48 |
Le Duc Dong |
male |
1983 |
79 |
12 years |
49 |
Luong Nhat Quang |
male |
1987 |
79 |
12 years |
50 |
Phan Thanh Tuong |
male |
1987 |
79 |
10 years |
51 |
Vu Van Hung |
male |
1966 |
134 |
1 year |
52 |
Nguyen Nam Phong |
male |
1980 |
330 |
2 years |
53 |
Le Thi Hong Hanh |
female |
1979 |
245 |
3 years |
54 |
Bui Van Trung |
male |
1964 |
245 |
6 years |
55 |
Bui Van Tham |
male |
1987 |
245, 247 |
6 years |
56 |
Nguyen Hoang Nam |
male |
1982 |
245 |
4 years |
57 |
Pastor A Dao |
male |
81 |
91 |
5 years |
58 |
Ly A Thao |
male |
1994 |
199 |
3 years |
59 |
Ly A Lau |
male |
1990 |
199 |
3 years |
60 |
Ly A Kha |
male |
1989 |
199 |
3 years |
61 |
Ly A Lau |
male |
1981 |
199 |
3 years |
62 |
Ly A Vu |
male |
1990 |
199 |
3 years |
63 |
Ly A Sung |
male |
1984 |
199 |
3 years |
64 |
Ly A Cho |
male |
1989 |
199 |
3 years |
65 |
Giang A Vu |
male |
1984 |
199 |
3 years |
66 |
A Gyun |
male |
1980 |
87 |
5 years |
67 |
A Tik |
male |
1952 |
87 |
8 years |
68 |
Dinh Ku |
male |
1972 |
87 |
7 years |
69 |
Thin |
male |
1979 |
87 |
6 years |
70 |
Tran Minh Loi |
male |
1968 |
290 |
6 years |
71 |
A Gron |
male |
1943 |
Unknown |
5 years |
72 |
A Jen |
male |
1984 |
Unknown |
9 years |
73 |
Y Hriam Kpa |
male |
1976 |
87 |
6 years, six months |
74 |
Y Lao Mlo |
male |
1987 |
87 |
8 years |
75 |
Nguyen Van Huu |
male |
1957 |
Unknown |
6 years |
76 |
Nguyen Van Thien |
male |
1961 |
258 |
4 years |
77 |
Ngo Thi Minh Uoc |
female |
1959 |
88 |
4 years |
No. |
Full name |
Gender |
DOB |
Charge(s) |
Sentence |
78 |
Rmah Hruth |
male |
unknown |
unknown |
5 years |
79 |
A Quyn |
male |
1973 |
87 |
9 years six months |
80 |
Dieu Bre |
male |
1969 |
unknown |
4.5 years |
81 |
Venerable Thach Thuol |
male |
1985 |
91 |
six months |
82 |
Pastor Y Yich |
male |
1969 |
46, 49 and 87 |
12 months |
83 |
Dinh Ngo |
male |
1987 |
unknown |
7 years |
84 |
Pastor A Byo |
male |
1967 |
87 |
4 years |
85 |
Y Drim Nie |
male |
1972 |
unclear |
8 years |
86 |
Nguyen Dinh |
male |
1968 |
79 |
14 years |
87 |
Nguyen Thai Binh |
male |
1986 |
79 |
12 years |
88 |
Phan Thanh Y |
male |
1948 |
79 |
12 years |
89 |
Tu Thien Luong |
male |
1950 |
79 |
16 years |
90 |
A Tach (aka Ba Hloi) |
male |
1959 |
87 |
11 years |
91 |
Y Yem Hwing |
male |
1972 |
Unknown |
8 years |
92 |
Chi |
male |
1984 |
87 |
8 years |
93 |
Run |
male |
1971 |
87 |
9 years |
94 |
A Yum (aka Balk) |
male |
1940 |
87 |
8 years |
95 |
Buyk/Byuk |
male |
1945 |
87 |
8 years |
96 |
John “Chinh” |
male |
1952 |
87 |
9 years |
97 |
Pastor Runh |
male |
1979 |
unknown |
10 years |
98 |
A Hyum, (aka Ba Kol) |
male |
1940 |
87 |
8 years |
99 |
Siu Thai (aka Ama Thuong) |
male |
1978 |
87 |
10 years |
100 |
Kpuil Le |
male |
|
87 |
8 years |
101 |
Kpuil Mel |
male |
|
87 |
9 years |
102 |
Pastor Y Muk Nie |
male |
1968 |
unknown |
9 years |
103 |
Kpa Sinh |
male |
1959 |
87 |
8 years |
104 |
Rah Lan Blom |
male |
1976 |
87 |
9 years |
105 |
Rah Lan Mlih |
male |
1966 |
87 |
9 years |
106 |
Ro Mah Klit |
male |
1946 |
87 |
8 years |
107 |
Siu Brom |
male |
1967 |
87 |
10 years |
108 |
Siu Hlom |
male |
1967 |
87 |
12 years |
109 |
Ro Mah Pro |
male |
1964 |
87 |
8 years |
110 |
Rmah Hlach (aka Ama Blut) |
male |
1968 |
87 |
12 years |
111 |
Siu Koch (aka Ama Lien) |
male |
1985 |
87 |
9 years |
112 |
Noh |
male |
1959 |
87 |
12 years |
113 |
Ro Lan Ju (aka Ama Suit) |
male |
1968 |
87 |
9 years |
114 |
Siu Ben (aka Ama Yon) |
male |
|
87 |
12 years |
115 |
Kpa Binh |
male |
1976 |
87 |
9 years |
116 |
Rmah Pro |
male |
1964 |
87 |
unclear |
No. |
Full name |
Gender |
DOB |
Charge(s) |
Sentence |
117 |
Pastor Siu Nheo |
male |
1955 |
Unknown |
10 years |
118 |
Nhi (aka Ba Tiem) |
male |
1958 |
87 |
10 years |
119 |
Pinh |
male |
1967 |
87 |
9 years |
120 |
Roh |
male |
1962 |
87 |
10 years |
121 |
Y Ty Ksor |
male |
1989 |
Unknown |
14 years |
122 |
Siu Bler |
male |
1962 |
Unknown |
17 years |
123 |
Pastor Y Ngun Knul |
male |
1968 |
Unknown |
18 years |
124 |
Y Kur Bdap |
male |
1971 |
Unknown |
17 years |
125 |
Venerable Thich Quang Do |
male |
1928 |
87 |
House arrest |
126 |
Bui Thi Bich Tuyen |
female |
1982 |
245 |
3 years |
127 |
Kpuih Khuong |
male |
|
Unknown |
Unknown |
128 |
Rmah Khil |
male |
|
Unknown |
Unknown |
129 |
Rmah Bloanh |
male |
|
Unknown |
Unknown |
130 |
A Kuin (aka Ba Chan) |
male |
1974 |
Unknown |
Unknown |
131 |
Ngu (aka Ba San) |
male |
1972 |
Unknown |
Unknown |
132 |
Dieu By O |
male |
1967 |
Unknown |
Unknown |
133 |
Dinh Yum |
male |
1963 |
Unknown |
Unknown |
134 |
Ro Mah Pla (aka Rmah Bla; aka Ama Em) |
male |
1968 |
Unknown |
Unknown |
135 |
Siu Thinh (aka Ama Kham) |
male |
1978 |
Unknown |
Unknown |
136 |
Dinh Ly |
male |
|
Unknown |
Unknown |
137 |
Rung |
male |
1979 |
Unknown |
Unknown |
138 |
Dinh Lu |
male |
1976 |
Unknown |
Unknown |
139 |
Dinh Hron |
male |
1981 |
Unknown |
Unknown |
140 |
Phan Thanh Tuong |
male |
1987 |
Unknown |
Unknown |
141 |
Trang A Cho |
male |
1985 |
Unknown |
Unknown |
142 |
Roh Ma Dai |
male |
1989 |
Unknown |
Unknown |
143 |
Puih Bop |
male |
1959 |
Unknown |
Unknown |
144 |
Ksor Kam (Ama H’Trum) |
male |
1965 |
Unknown |
Unknown |
145 |
Ro Lan Kly (Ama Blan) |
male |
1962 |
Unknown |
Unknown |
146 |
Dinh Nong |
male |
1965 |
Unknown |
Unknown |
147 |
Ksor Phit |
male |
1970 |
Unknown |
Unknown |
148 |
Siu Dik |
male |
1970 |
Unknown |
Unknown |
149 |
Ksor Pup (Ama Hyung) |
male |
|
Unknown |
Unknown |
150 |
Siu Doang |
male |
1983 |
Unknown |
Unknown |
151 |
Nguyen Van Thong |
male |
1965 |
Unknown |
Unknown |
152 |
Y Jim Eban |
male |
|
Unknown |
Unknown |
153 |
Nguyen Tien Thinh |
male |
|
Unknown |
Unknown |
154 |
Hoang Van Thu |
male |
|
Unknown |
Unknown |
155 |
Nguyen Le Chau Binh |
male |
|
Unknown |
Unknown |
No. |
Full name |
Gender |
DOB |
Charge(s) |
Sentence |
156 |
Nguyen Nhu Y |
male |
1986 |
318 |
15 months |
157 |
Ta Thanh Duy |
male |
1971 |
318 |
15 months |
158 |
Trương Thanh Kiệt |
male |
2002 |
318 |
5-month probation |
157 |
Nguyễn Đoàn Phước Mỹ |
male |
2002 |
318 |
6-month probation |
160 |
Nguyen Huu Thanh |
male |
1991 |
318 |
8 months |
161 |
Nguyen Thi Nhu Hoa |
female |
1975 |
318 |
9 months |
162 |
Nguyen Thi Lung |
female |
1978 |
318 |
12 months |
163 |
Nguyen Van Nghia |
male |
1989 |
318 |
24 months |
164 |
Nguyen Van Minh |
male |
1966 |
318 |
30 months |
165 |
Nguyen Van Hung |
male |
1992 |
318 |
30 months |
166 |
Nguyen Phuong Dong |
male |
1994 |
318 |
30 months |
167 |
Nguyen Van Manh |
male |
1994 |
318 |
30 months |
168 |
Nguyen Dinh Vu |
male |
1977 |
318 |
24 months |
169 |
Tran Thi Ngoc |
female |
1968 |
318 |
24 months |
170 |
Nguyen Minh Hai |
male |
2001 |
318 |
18 months of probation |
171 |
Pham Van Sang |
male |
2002 |
318 |
42 months |
172 |
Do Van Ngoc |
male |
1996 |
318 |
42 months |
173 |
Ngo Van Dat |
male |
1989 |
318 |
36 months |
174 |
Nguyen Chuong |
male |
1995 |
318 |
36 months |
175 |
Ngo Duc Duyen |
male |
1998 |
318 |
30 months |
176 |
Pham Thanh Nam |
male |
1990 |
318 |
30 months |
177 |
Le Van Liem |
male |
1996 |
318 |
30 months |
178 |
Nguyen Ngoc Sang |
male |
1996 |
318 |
30 months |
179 |
Nguyen Van Meo |
male |
1970 |
318 |
2 years |
180 |
Nguyen Minh Kha |
male |
2000 |
318 |
2 years |
181 |
NguyenThi Lan Anh |
female |
1997 |
318 |
10 months |
182 |
Dinh Kha Ly |
female |
1987 |
318 |
10 months |
183 |
NguyenDinh Truong |
male |
2001 |
318 |
12-month probation |
184 |
Pham Van Linh |
male |
2001 |
318 |
12-month probation |
185 |
NguyenThi Truc Ly |
female |
1997 |
318 |
12-month probation |
186 |
NguyenThi Thuy |
female |
1976 |
318 |
12-month probation |
187 |
Tran Nguyen Duy Quang |
male |
1985 |
318 |
18 months |
188 |
Pham Ngoc Hanh |
female |
1994 |
318 |
16 months |
189 |
Nguyen Thi Ngoc Lieu |
female |
1973 |
318 |
10 months |
No. |
Full name |
Gender |
DOB |
Charge(s) |
Sentence |
190 |
Nguyen Thi Ngoc Phuong |
female |
1988 |
318 |
10 months |
191 |
Nguyen Thi Truc Anh |
female |
1994 |
318 |
10 months |
192 |
Dinh Ma Phong |
male |
1990 |
318 |
10 months |
193 |
Nguyen Thi Thuy Dung |
female |
1999 |
318 |
10 months |
194 |
Ho Cong Di |
male |
1997 |
318 |
10 months |
195 |
Pham Ngoc Huyen |
female |
1997 |
318 |
10 months |
196 |
Vo Nhu Huynh |
female |
1995 |
318 |
8 months |
197 |
Doan Van Thuong |
male |
1974 |
318 |
10 months |
198 |
Nguyen Thanh Toan |
male |
1983 |
318 |
10 months |
199 |
Diep Ut Tien |
female |
1997 |
318 |
10 months |
200 |
Nguyen Thi Tuan |
female |
1986 |
318 |
12-month probation |
201 |
Nguyen Hong nguyen |
male |
1980 |
331 |
2 years |
202 |
Truong Dinh Khang |
female |
1992 |
331 |
1 year |
203 |
Doan Khanh Vinh Quang |
male |
1976 |
331 |
27 months |
204 |
Tran Thi Hoang Nguyen |
female |
1998 |
104 |
5 years |
205 |
Pham Thanh |
male |
1987 |
318 |
4 years, six months |
206 |
Dang Ngoc Tan |
male |
2000 |
318 |
4 years |
207 |
Dang Van Tuan |
male |
1985 |
318 |
4 years |
208 |
Bui Thanh Tu |
male |
1990 |
318 |
4 years |
209 |
Nguyen Van Tien |
male |
1998 |
318 |
4 years |
210 |
Nguyen Van Thuan |
male |
1999 |
318 |
3 years, 6 months |
211 |
Nguyen Ngoc Binh |
male |
1992 |
318 |
3 years, 6 months |
212 |
Nguyen Van Tan |
male |
1990 |
318 |
3 years, 6 months |
213 |
Do Van Thang |
male |
1999 |
318 |
3 years, 6 months |
214 |
Nguyen Tan Vu |
male |
2000 |
318 |
3 years, 6 months |
215 |
Ho Van Tam |
male |
1989 |
318 |
3 years |
216 |
Nguyen Van Hung |
male |
1995 |
318 |
3 years |
217 |
Nguyen Van Hieu |
male |
1998 |
318 |
3 years |
218
|
Tran Van Xi |
male |
1995 |
318 |
3 years |
219 |
Ngo Duc Thuan |
male |
2000 |
318 |
2 years |
220 |
Bui Manh Dong |
male |
1978 |
331 |
30 months |
221 |
Tu Cong Nghia |
male |
1993 |
79 (109) |
Pre-trial detention |
222 |
Phan Trung |
male |
1976 |
79 (109) |
Pre-trial detention |
No. |
Full name |
Gender |
DOB |
Charge(s) |
Sentence |
223 |
Nguyen Quoc Hoan |
male |
1977 |
79 (109) |
Pre-trial detention |
224 |
Nguyen Van Duc Do |
male |
1975 |
79 (109) |
Pre-trial detention |
225 |
Luu Van Vinh |
male |
1967 |
79 (109) |
Pre-trial detention |
226 |
Nguyen Danh Dung |
male |
1987 |
258 |
Pre-trial detention |
227 |
Nguyen Huu Dang |
male |
1983 |
88 (117) |
Pre-trial detention |
228 |
Tran Tuan Kiet |
male |
|
258 (331) |
Pre-trial detention |
229 |
HuynhTruong Ca |
male |
1971 |
117 |
Pre-trial detention |
230 |
Tran Hoang Lan |
Female |
N/A |
Unknown |
Pre-trial detention |
231 |
Ho Van Cuong |
male |
N/A |
Unknown |
Pre-trial detention |
232 |
Hung Hung |
male |
N/A |
Unknown |
Pre-trial detention |
233 |
Ngo Van Dung
|
male |
1969 |
Unknown |
Pre-trial detention |
234 |
Doan Thi Hong
|
female |
1983 |
Unknown |
Pre-trial detention |
235 |
Ngo The Hoa
|
male |
1968 |
Unknown |
Pre-trial detention |
236 |
Tran Phuong |
male |
N/A |
Unknown |
Pre-trial detention |
237 |
Tran Long Phi |
male |
1996 |
N/A |
Pre-trial detention |
238 |
Huynh Duc Thanh Binh |
male |
1996 |
109 |
Pre-trial detention |
239 |
Huynh Duc Thinh |
male |
|
N/A |
Pre-trial detention |
240 |
Le Anh Hung |
male |
1973 |
331 |
Pre-trial detention |
241 |
Nguyen Duy Son |
male |
1981 |
331 |
Pre-trial detention |
242 |
Nguyen Van Truong |
male |
1976 |
331 |
Pre-trial detention |
No. |
Full name |
Gender |
DOB |
Charge(s) |
Sentence |
243 |
Nguyen Văn Quang |
male |
1987 |
117 |
Pre-trial detention |
244 |
Nguyen Trung Linh |
male |
1968 |
117 |
Pre-trial detention |
245 |
Nguyen Ngoc Anh |
male |
1980 |
117 |
Pre-trial detention |
246 |
Hoang Thi Thu Vang |
female |
1966 |
118 |
Pre-trial detention |
Note: Article 79 in the 1999 Penal Code, or 109 in the 2015 Penal Code: “attempting to overthrow the government”
Article 88 in the 1999 Penal Code: Conducting anti-state propaganda, while Article 117 in the 2015 Penal Code: with “Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam”
Article 318 in the 2015 Penal Code (or 245 in the 1999 Penal Code): Disrupting public disorders
Article 331 in the in the 2015 Penal Code: Abusing democratic freedom
Article 87 in the 1999 Penal Code: Undermining the unity policy.
Article 118 in the Penal Code (Article 89 in the 1999 Penal Code): Disruption of security
October 3, 2018
Vietnam Holds 246 Prisoners of Conscience: Now!Campaign
by Nhan Quyen • [Human Rights]
Latest Count: Vietnam Holds 246 Prisoners of Conscience
Press Release, October 1, 2018
According to the Now!Campaign, which consists of 14 international and Vietnamese civil society organizations, the government of Vietnam is holding at least 246 in prisons or similar forms of detention compared to 165 cases in November 2017, when the campaign was launched. This makes the country the second largest jailer of dissidents in the region, only behind Myanmar.
The above number includes 219 who have been convicted – typically of political crimes such as “propaganda against the state” and “injuring the national unity”– and 26 others held in pre-trial detention, as well as one (Venerable Thich Quang Do, the Supreme Patriarch of the Unified Buddhist Church of Vietnam) under indefinite house arrest. Bloggers, lawyers, unionists, land rights activists, political dissidents, and followers of non-registered minority religions have been arrested and detained for peacefully exercising their internationally and constitutionally protected rights, principally the right to freedom of expression, freedom of peaceful assembly and freedom of religion or belief. The list does not include individuals who have engaged in or advocated violence.
In the first nine months of 2018, Vietnam has arrested 24 human rights activists. By the end of September, it has convicted 33 activists and sentenced themto a total of 225.5years in prison and 56 years of probation.In addition, 60 persons wereconvicted in connection to themass demonstrationsthat started inmid-June, where tens of thousands of protesters opposed the two bills on Special Economic Zones and Cyber Security. Thedemonstrators were sentenced to a total of 113 years and five months in prison and 89 months of probation.
Thirty-two of the prisoners of conscience identified by the NOW! Campaign are female. With one exception, all of these women come from the majority Kinh ethnic group. The one exception, Rmah Hruth, is an ethnic Jarai woman who was sentenced to five years’ imprisonment in March 2014. In total, 148people, or 60.2 % of the list, are ethnic Kinh. The second largest ethnic grouping on the list are Montagnards, a loose set of religious and ethnic minorities who live in the mountains of the Central Highlands. They account for 75 people, 30.5% of those on the list. Two of those on the list are Khmer Krom. At the time of writing, the NOW! Campaign has yet to confirm the ethnicity of the seven others on the list.
Mostprisoners of conscience have been charged withor convictedof allegationsunder Articles 79, 87 and 88 of the1999Penal Codeor Article 109, 117 and 331 in the 2015 Penal Code:
– 38 activists convicted and six charged with subversion (Article 79 of 1999 Penal Code or Article 109 in the 2015 Penal Code);
– 13 activists convicted and five charged with anti-state propaganda (Article 88 of the 1999 Penal Code or Article 117 of the 2015 Penal Code);
– 36 people from ethnic minorities were convicted for undermining the national unity policy (Article 87 of the 1999 Penal Code);
– 12 activists wereconvicted oror charged with “abusing democratic freedom” (Article 258 of the 1999 Penal Code or Article 331 of the 2015 Penal Code);
– 65 individuals were convictedofor charged with “disrupting public orders” (under Article 245 of the 1999 Penal Code or Article 318 of the 2015 Penal Code). Sixty of them were imprisoned for participatingor being suspected of planning to participatein the mid-June demonstrations and their aftermath;
– The charge(s) for 53 individuals are unknown or have yet been announced by authorities.
Background:Vietnam’s government continues its intensified crackdown on local dissent by convicting many activists and arresting numerous other government critics, bloggers, Facebook users,nonviolentdemonstrators, and other critics of the government
In order to deal with growing social disatisfaction and silence activists as well as discourage critics, the government has applied severe measures, including sentencing democracy activists and human rights defenders to lengthy sentences, arresting outspoken bloggers and charging them with patently political “crimes”, and employing harsh measuresto prevent street demonstrations.
Arrestsin the aftermath of the June demonstrations: Between July 1 and September 30, Vietnam arrested 19 activists and bloggers. Halfof them were charged underprovisions of the Penal Code while the charges againstthe remaining nine have not been announced.
University student Huynh Duc Thanh Binh was chargedwith “attempting to overthrow the government” under Article 109 of the 2015 Penal Code, while Nguyen Ngoc Anh, Nguyen Trung Linh, and Huynh Truong Ca were charged with “[m]aking, storing, [or] spreading information, materials, [or]items for the purpose of opposing the government of the Socialist Republic of Vietnam” under Article 117. Bloggers Le Anh Hung, Nguyen Hong Nguyen, Truong Dinh Khang, Bui Manh Dong, and Doan Khanh Vinh Quang were charged with “abusing democratic freedom” under Article 331. Doan Khanh Vinh Quang and Bui Manh Dongwere originally accused of “[i]llegal provision or use of information on computer networks or telecommunications networks” under Article 288 but later tried under Article 331.
In addition, Ms. Hoang Thi Thu Vang, 52, was arrested on September 3, 2018 and charged with “Disruption of security” under Article 118 of the Penal Code. She is held incommunicado in Ho Chi Minh City.
All of these dissidents have been held incommunicado during the investigation period. They are not permitted to meet with their lawyers, and their families are not allowed to visit them in person and must turn over to the prison authorities food, medicine and other personal necessities intended for the detainees.
On July 7and 8, police arrested Huynh Duc Thinh, the father of Huynh Duc Thanh Binhwhose case is discussed above, and Tran Long Phi as well as Vietnamese American Michael Nguyen Phuong Minh. The first three had been participating in a peaceful demonstration in June to protest the new laws on Special Economic Zones and Cyber Security. While Binh was charged with subversion, the charges against the other threehave not been announced.
Duringand aroundthe Independence Day holiday (September 2),thepolice in Ho Chi Minh City (aka Saigon) reportedly arrested a dozen members of the unregistered group Hien Phap (Constitution),which seeks to promote human rightsthat are constitutionally guaranteed to all citizens by distributing copies of Vietnam’s 2013 Constitution. Police were said to have releasedsome of them but still to be holdingeight members of the group for investigation. On September 1, police announced the arrest of only Huynh Truong Ca, who was later charged under Article 117. The families of bloggers Ngo Van Dung, Doan Thi Hong and Do The Hoa said they hadnot yet been informed by police of the arrest and detention of their relatives or of any charges against them.
Convictions: In the past three months, Vietnam convicted eight activists named Le Dinh Luong, Nguyen Trung Truc, Dao Quang Thuc, Do Cong Duong, Doan Khanh Vinh Quang, Bui Manh Dong, Nguyen Hong Nguyen and Truong Dinh Khang, and upheld the 13-year sentence of Nguyen Van Tuc but reduced the sentence of Nguyen Viet Dung by one year, to six years in prison and five years of probation.
Messrs. Luong, Thuc and Truc were all convicted of “subversion”andwere sentenced to 20 years, 13 years,and 12 years in prison, respectively, followed by five years of probationeach,for their social media advocacy of human rights, multi-party democracy, and environmental justice. The sentence of Mr. Luong was the highest imposed on a peaceful dissidentin many years.
On September 22, Mr. Nguyen Hong Nguyen and Ms. Truong Dinh Khang were convicted for “abusing democratic freedoms” and sentenced to two years and one year,respectively,for posting and sharing articles that were critical of the government on their Facebook accounts. In thenext five days, authorities in Can Tho City sentenced Doan Khanh Vinh Quang to 27 months and Bui Manh Dong to 30 months in prison onthe same charge.
Do Cong Duong, who had petitioned for the return of confiscated land and exposed corruption among government officials in Tu Son Town,Bac Ninh Province, was sentenced to four years in prison for “disrupting public order” because he had filmed a forced eviction. He now faces a second trial, expected to take place in October, on an additional charge of “abusing democratic freedoms” under Article 331.
Of the60 protesters who had, or had been suspected of having, participatedin themid-June mass demonstrationswere convicted of “disrupting public order” under Article 318 of the Penal Code, 52 were sentenced to between eight months and 54 months in prison and the remaining eight were given between five and 12 months of probation.
On October 5, Vietnam will hold the first-instance trial hearing against democracy activist Luu Van Vinh and his associates Nguyen Van Duc Do, Phan Trung, Nguyen Quoc Hoan and Tu Cong Nghia. They were all linked to the Coalition for Self-Determination for the Vietnamese People, which was founded by Mr. Vinh. They were arrested in early November 2016 and charged with subversion. They have been inpre-trialdetention since their arrests.
Mistreatment in prison: In July-August, imprisoned human rights activists Tran Thi Nga and Nguyen Ngoc Nhu Quynh (Mother Mushroom) were reportedly mistreated in prison. Ms. Nga was beaten and given death threats by an inmate.On September 29, Nga was denied of her family’s visit and her family is concerned about her safety. The last time she met with her family was July 26.
Ms. Quynh was also threatened by an inmate and provided with poor-quality food. Quynh conducted a long-lasting hunger strike on July 7-23 in a bid to protest the prison’s inhumane treatment.
Mr. Tran Huynh Duy Thuc, who is serving his 16-year imprisonment in the Prison camp No. 6 in the central province of Nghe An, conducted hunger strike on August 14-September 16 in a bid to protest the prison’s bad treatment which aims to force him to make wrong confession.
The Ministry of Public Security is applying a common practice to send convicted human rights activists after the final hearings to serve their sentences to prison camps far from their families as additional punishment for those who refuse to admit wrongdoings.The victims include Tran Huynh Duy Thuc, Nguyen Ngoc Nhu Quynh, and Tran Thi Nga who were sent to prisons located between 1,000 km and 2,000 km from their families. The following table lists a number of illustrative cases.
Releasefrom prison:On August 10, Ms. Tran Thi Thuy completedher 8-year imprisonment for “conducting anti-state propaganda” under Article 88 of the 1999 Penal Code. She is now serving five yearsof probation.
=============
The term “prisoner of conscience” (POC) was coined by Peter Benenson in the 1960s. It refers to any individual “imprisoned for his/her political, religious or conscientiously held beliefs, ethnic origin, sex, colour, language, national or social origin, economic status, birth, sexual orientation or other status who have not used violence or advocated violence or hatred.”
The NOW! Campaign is a joint campaign initiated by Boat People SOS calling upon the government of Vietnam to release all prisoners of conscience immediately and unconditionally. The campaign is supported by 14 non-government organizations:
Boat People SOS (BPSOS)
Front Line Defenders (FLD)
Civil Right Defenders (CRD)
Christian Solidarity Worldwide (CSW)
Defend the Defenders (DTD)
Stefanus Alliance International
Asian Parliamentatian for Human Rights (APHR)
The 88 Project
Independent Journalists Association of Vietnam (IJAVN)
Progressive Voice-Burma
Vietnam Women for Human Rights (VNWHR)
Campaign to Abolish Torture in Vietnam (VN-CAT)
World Organisation Against Torture (OMCT)
Montagnard Human Rights Organization (MHRO)
Join NOW! and call on the government of Vietnam to release immediately and unconditionally all prisoners of conscience and peaceful human rights activists being held in pre-trial detention. For more information, visit www.vietnampocs.com.
============
Appendix: List of Vietnamese Prisoners of Conscience as of September 30, 2018
Note: Article 79 in the 1999 Penal Code, or 109 in the 2015 Penal Code: “attempting to overthrow the government”
Article 88 in the 1999 Penal Code: Conducting anti-state propaganda, while Article 117 in the 2015 Penal Code: with “Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam”
Article 318 in the 2015 Penal Code (or 245 in the 1999 Penal Code): Disrupting public disorders
Article 331 in the in the 2015 Penal Code: Abusing democratic freedom
Article 87 in the 1999 Penal Code: Undermining the unity policy.
Article 118 in the Penal Code (Article 89 in the 1999 Penal Code): Disruption of security