Vietnam Defend the Defenders’ Weekly Report for February 14-27, 2022: Prison Sentence of Blogger Tran Quoc Khanh Upheld

Defend the Defenders | February 27, 2022

At the appeal hearing on February 17, the Higher People’s Court in Hanoi rejected the appeal of blogger Tran Quoc Khanh and upheld his sentence of six years and six months given by the People’s Court of Ninh Binh in the first-instant hearing in late October last year for the charge “conducting anti-state propaganda” under Article 117 of the country’s Criminal Code. During the appeal, Mr. Khanh remained without legal assistance as the Supreme People’s Court has not granted permission for his lawyer Le Dinh Viet.

The Higher People’s Court in Ho Chi Minh City has scheduled the appeal hearing of Mr. Le Huu Minh Tuan, a member of the unregistered professional group Independent Journalists Association of Vietnam (IJAVN), on February 28. At the trial on January 15 last year, Mr. Tuan was convicted of “conducting anti-state propaganda” per Article 117 of the Criminal Code, together with IJAVN’s President Pham Chi Dung and Vice President Nguyen Tuong Thuy. Both Mr. Tuan and Mr. Thuy were sentenced to 11 years in prison while Dr. Dung was given 15 years of imprisonment. It is unlikely Tuan will be freed or get a lighter sentence.

The authorities in Hanoi have decided to bring local blogger Le Van Dung (aka Le Dung Vova) to court on March 11 to try him on the allegation of “conducting anti-state propaganda” under Article 88 of the Penal Code which was replaced by the Criminal Code from 2018. Mr. Dung faces imprisonment of between three and 12 years in prison if convicted.

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Imprisoned IJAVN’s Member Le Huu Minh Tuan to Go to Appeal on February 28

Defend the Defenders: The Higher People’s Court in Ho Chi Minh City will carry out an appeal hearing of Mr. Le Huu Minh Tuan, a member of the unregistered professional group Independent Journalists Association of Vietnam (IJAVN), on February 28, Defend the Defenders has learned.

The hearing will be held in the headquarters of the People’s Court of Ho Chi Minh City. At the first-hearing on January 15 last year, Mr. Tuan was convicted of “conducting anti-state propaganda” under Article 117 of the country’s Criminal Code and sentenced to 11 years in prison.

In the same case, IJAVN’s President Pham Chi Dung was sentenced to 15 years in prison, the toughest imprisonment for the allegation. Meanwhile, his deputy Nguyen Tuong Thuy was given 11 years in prison. Mr. Dung refused to appeal the sentence as he thinks it is useless to challenge the court’s decision while Mr. Thuy’s right to appeal was denied.

According to Saigon-based human rights lawyer Dang Dinh Manh, who provides legal assistance for Mr. Tuan, his client has a little chance to get freed or sentence reduction as the Vietnamese authoritarian regime has no intention to respect the people’s right to freedom of expression.

Mr. Tuan is among many Vietnamese activists whose arrests and detentions are considered arbitrary by UN Working Group on Arbitrary Detention. You can find the group’s opinion about his case:https://www.ohchr.org/_layouts/15/WopiFrame.aspx?sourcedoc=/Documents/Issues/Detention/Opinions/Session90/A_HRC_WGAD_2021_11.docx&action=default&DefaultItemOpen=1

Trial against Blogger Le Dung Vova Scheduled on March 11

Defend the Defenders: The People’s Court of Hanoi has decided to hold the first-instance hearing on March 11 to try local blogger Le Van Dung (aka Le Dung Vova) on the allegation of “conducting anti-state propaganda” under Article 88 of the country’s Penal Code which was replaced by Criminal Code from 2018.

The hearing will be open at the headquarters of the People’s Court of Hanoi in the capital city. However, his family has yet received permission to attend the trial.

Mr. Dung, 52, was arrested on June 30 last year and charged with “conducting anti-state propaganda” under Article 117 of the Criminal Code. However, after investigation, the Hanoi Police Department changed to Article 88 of the Penal Code.

According to the code, Mr. Dung is facing imprisonment of between three and 12 years in prison, even 20 years, if convicted.

Mr. Dung has been involved in social affairs since 2011 when he actively participated in peaceful demonstrations in Hanoi to protest China’s expansionism in the East Sea (South China Sea). He has taken part in CHTV, a news and forum channel on Youtube and Facebook to address many hot topics in Vietnam, including China and its aggression in the resource-rich East Sea, land grabbing across the country, injustice, corruption, etc. 

In late 2021, another member of CHTV, Mr. Le Trong Hung, was convicted of the same charge and sentenced to five years in prison.

Blogger Tran Quoc Khanh’s Prison Sentence Upheld

Defend the Defenders: On February 17, during the appeal hearing, the Higher People’s Court in Hanoi rejected the appeal of blogger Tran Quoc Khanh and upheld his sentence of six years and six months given by the People’s Court of Ninh Binh province at the first-instance hearing in October last year.

According to his family, some of his relatives were permitted to attend the hearing. However, Khanh was without a lawyer. During a break time, he told his brother that he has invited Hanoi-based lawyer Le Dinh Viet to provide legal assistance for him for the appeal. However, the attorney told Radio Free Asia (RFA) that he has not received a notice from the court so he could not meet Mr. Khanh and attend the hearing.

Mr. Khanh, 62, was arrested in March 2021 and charged with “conducting anti-state propaganda” under Article 117 of the Criminal Code for his online activities, particularly posting and sharing articles criticizing policies of the authoritarian regime.

His arrest was made after he announced his intention to register as an independent candidate for the country’s highest legislative body National Assembly in the May 2021 election. Le Trong Hung, another blogger with the same plan, was also arrested at that time and later sentenced to five years in prison for the same allegation.

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