Vietnam Defend the Defenders’ Weekly Report for April 18-24, 2022: Blogger Le Trong Hung’s Appeal Hearing Held Secretly Without Lawyers, His Family Uninformed

Defend the Defenders | April 24, 2022

During the week of April 18-24, Vietnam’s authorities held a secret appeal hearing of blogger Le Trong Hung, who was arrested on March 27 last year on the allegation of “conducting anti-state propaganda” under Article 117 of the Criminal Code and sentenced to five years in prison and five years of probation in late 2021 for his online activities which aim to promote civil rights. The Higher People’s Court upheld the sentence in the appeal hearing without presence of Mr. Hung’s lawyers and his relatives.

UN Human Rights and the UN Environment Programme expressed grave concern over the arrest, detention and sentencing of environmental human rights defenders in Vietnam on charges of tax evasion. Among victims are prominent activists Nguy Thi Khanh, Dang Dinh Bach, and Mai Phan Loi.

The Special Rapporteurs of the UN Human Rights Council have sent a Joint Allegation Letter (VNM 2.2022) to the Government of Vietnam on  February 18, 2022. The JAL addressed information received concerning the sentencing of woman human rights defender Ms. Huynh Thuc Vy and environmental rights defender Mr. Dang Dinh Bach, in connection with the exercise of their freedom of expression and human rights activities.

A group of seven groups, including Defend the Defenders, has issued a joint statement calling on the international community, particularly countries not to elect Vietnam to the UN Human Rights Council for the 2023-2025 term since the authoritarian regime in Vietnam continues to suppress local dissent and activists along supporting Russia’s aggression in Ukraine. 

On Tuesday, authorities in the Central Highlands province of Lam Dong will hold the first-instance hearing to try local human rights defender Dinh Van Hai on the allegation of “conducting anti-state propaganda” under Article 117 for his online posting which aims to report human rights abuse and criticize the regime’s socio-political policies. The handicap activist faces imprisonment of between seven and 12 years in prison if convicted.

Appeal of Blogger Le Trong Hung Rejected, Five-year Imprisonment Upheld in Closed Hearing

Defend the Defenders: On April 19, the Higher People’s Court in Hanoi carried out a closed hearing and rejected the appeal of a Hanoi-based blogger named Le Trong Hung, according to his family.

In a secret hearing without lawyers and his relatives, the court upheld the sentence of the 42-year-old blogger and sent him back to prison. On December 31 last year, the People’s Court of Hanoi convicted him of “conducting anti-state propaganda” under Article 117 of the Criminal Code and sentenced him to five years in prison and five years of probation.

His wife, Mrs. Le Na told Defend the Defenders that she has been informed about the appeal hearing two days later when she conducted a prison visit to provide him with food and medical supplies. She has yet been allowed to meet face-to-face with him since his arrest in late March 2021.

She remembered that on April 19, she and a number of activists in Hanoi were placed de facto under house arrest when the local authorities sent plainclothes agents to station near their private residences, probably wanting to prevent them from gathering to the court’s areas.

The state-controlled media has not covered the news on Hung’s appeal hearing with exception of the journal Kiem Sat of the Supreme People’s Procuracy. On April 20, the journal wrote that the hearing was carried out because Hung has appealed, claiming his activities should be classified as “abusing democratic freedom” under Article 331 of the Criminal Code but not “conducting anti-state propaganda” by which he was convicted.

On the meeting with his family on April 24, Hung said he was unexpectedly taken to the appeal hearing and he remained silent during the formal hearing. 

Hung is among 31 activists and bloggers being convicted last year. As many as 20 others were also found guilty of “conducting anti-state propaganda” while seven others were convicted of “abusing democratic freedom.” The UN Human Rights Committee and the international community have called on Vietnam’s authoritarian regime to remove the two articles 11 and 331 from the country’s Criminal Code because the two articles are often used to silence local dissent.

Trial against Handicap Activist Dinh Van Hai Scheduled on April 26

Defend the Defenders: A half year after arresting handicap activist Dinh Van Hai, Vietnam’s authoritarian regime has decided to carry out the first-instance hearing to try him on the allegation “conducting anti-state propaganda” under Article 117 of the Criminal Code.

The trial will be carried out by the Lam Dong province’s People’s Court in its headquarter in Da Lat City, a famous tourist site in Vietnam’s Central Highlands.

It seems that Mr. Hai will be tried without a lawyer. He has been held incommunicado since his arrest on October 7 last year. His relatives are allowed to supply food and medicines and make money deposit for him once a month only.

United Nations Entities Concerned by Arrest and Sentencing of Environmental Human Rights Defenders in Vietnam

BANGKOK (22 April 2022) – UN Human Rights and the UN Environment Programme expressed grave concern over the arrest, detention and sentencing of environmental human rights defenders in Viet Nam on charges of tax evasion.

Since June 2021, four prominent environmental human rights defenders have been arrested, detained and sentenced up to 5 years in prison, on charges of income tax evasion. They were accused of not paying income taxes on the foreign non-governmental funding received by their organization for their work on environmental protection.

“The use of income tax evasion charges to stifle critical voices is not a new practice in Viet Nam. However, this time the charge of income tax evasion is being used against registered non-profit organizations whose work focuses on environmental protection,” said Cynthia Veliko, South-East Asia Representative for the UN Human Rights Office in Bangkok.

“It is imperative to stop the use of all punitive measures routinely leveled against human rights and environmental rights advocates in Viet Nam. Human rights and environmental work, including raising issues of public concern, are not criminal offences,” Veliko said.

The continued arrest and sentencing of environmental advocates raises concern about  the repressive restrictions on fundamental freedoms and seeks to create an environment that prevents human rights defenders from exercising their rights, an issue previously highlighted by the High Commissioner for Human Rights, the UN Human Rights Mechanisms, including Special Procedures of the UN Human Rights Council, Treaty Bodies and the Universal Periodic Review.

“We urge the authorities to ensure that environmental advocates and civil society organizations working on the environment in Viet Nam can operate freely, without fear and intimidation and that their rights to freedom of expression, peaceful assembly and association are protected and upheld,” said Dechen Tsering, the UN Environment Programme’s Regional Director for Asia and the Pacific.

UN Human Rights and the UN Environment Programme noted that the right to a clean, healthy and sustainable environment should be universally protected. Civil society which peacefully advocates for the right to a healthy environment is a fundamental partner in addressing the triple planetary crisis of climate change, biodiversity loss and pollution and to achieve sustainable development.

The United Nations entities called on all Member States to uphold everyone’s right to participate in environmental protection and decision-making and to recognize the importance that environmental advocates play in contributing to the achievement of sustainable development. They also called for concrete steps to prevent and stop the use of legislation to hinder or limit unduly the ability of environmental human rights defenders to exercise their work, including by reviewing and amending relevant legislation and its implementation in order to ensure compliance with international human rights law.

“The promotion and protection of human rights as well as work and advocacy for a healthy environment are much-needed, now more than ever, to protect our collective future and that of our planet,” Veliko said. “Such laudable work must never be considered a crime.”

(https://bangkok.ohchr.org/viet-nam-rights-defenders/)

Joint Allegation Letter Regarding Sentencing HRD Huynh Thuc Vy and Environmental Activist Dang Dinh Bach

The Special Rapporteurs of the UN Human Rights Council have sent a Joint Allegation Letter (VNM 2.2022) to the Government of Vietnam on  February 18, 2022. The JAL addressed information received concerning the sentencing of woman human rights defender Ms. Huynh Thuc Vy and environmental rights defender Mr. Dang Dinh Bach, in connection with the exercise of their freedom of expression and human rights activities. The Government of Viet Nam has not yet replied to the communication.

Socialist Republic of Vietnam versus Pham Thi Doan Trang: Unfair conviction of Vietnamese leading HRD

TrialWatch, April 2022

The trial of Pham Thi Doan Trang, a well-known journalist, author, and human rights activist, was marred by significant flaws from her arrest through sentencing, including violations of her right to be free from arbitrary detention, her right to legal assistance, her right to cross-examine witnesses and contest the evidence against her, and her right to an independent and impartial tribunal.

The charges themselves—conducting “anti-state propaganda” by writing, storing, and disseminating material “against the Socialist Republic of Vietnam”–and her nine-year sentence violate her substantive right to freedom of expression and the principle of legality.

With respect to procedure, Ms. Trang was detained without access to a lawyer for over a year in the leadup to her trial, ostensibly to allow the investigation to proceed, but the evidence consisted largely of publicly-available materials (some dating back several years) and much of it had apparently been compiled even before her arrest in 2020. Indeed, a careful review of the indictment, which was filed about ten months after her arrest, suggests that the long delay in bringing Ms. Trang’s case to trial was not justified by the complexity of the charges against her.

Then, at trial, although Ms. Trang’s legal team requested that witnesses be summoned for questioning, the Court rejected this request and decided its verdict and Ms. Trang’s sentence in a matter of hours at the end of one day. The Court relied without explanation on the “opinion assessment conclusion of the competent authority” that the materials at issue constituted “distorted information, defaming the People’s Government, spreading psychological warfare, spreading fake news to cause dismay among the people, and sabotage the Socialist Republic of Vietnam,” effectively outsourcing the key question to be decided to a different government body.

Taken together, the entire process, from her prolonged pretrial detention to the charges on their face to her rapid conviction and excessive sentence in a judgment devoid of a clear explanation of why she was guilty, suggests that this was an abuse of process and Ms. Trang was being punished for exercising her rights to political opinion and expression.

For full report: https://cfj.org/wp-content/uploads/2022/04/ENG-Pham-Doan-Trang-Fairness-Report-April-2022.pdf?fbclid=IwAR3WLET4U1VyHAVdAYlRtxFDQPV3z40HXXhjPvgtMaScElLl44nMPq8QB-4

Vietnamese Organizations are calling on the UN’s Members not to Elect Vietnam to the UN Human Rights Council for the 2023-2025 Term

California, USA, April 15, 2022— A coalition of Vietnamese organizations and individuals issued an open letter urging the United Nations members to prevent Vietnam from participating in the United Nations Human Rights Council for the 2023-2025 term. These organizations include Vietnam Human Rights Network (Mạng Lưới Nhân Quyền Việt Nam), Defend The Defenders (Người Bảo vệ Nhân quyền), Assembly For Democracy Of Vietnam (Họp Mặt Dân Chủ), Humanistic Socialist Party (Đảng Nhân Bản Xã Hội), The Great Viet Party (Đại Việt Quốc Dân Đảng), Vietnam Democracy Federation (Lực Lượng Dân Tộc Cứu Nguy Tổ Quốc), The Independent Journalists Association of VietNam (Hội Nhà Báo Độc Lập Việt Nam), and Vietnam Democracy Radio (Đài phát thanh Đáp Lời Sông Núi).

Following are the reasons this open letter calls for the intervention. 

In recent days, the world has been overly indignant at the Russian Federation’s invasion of Ukraine. Those who still have a conscience are heartbroken at tens of millions of Ukrainians having to flee their homes in many towns destroyed by Russian bombs and thousands massacred, including women and children.

Faced with this heinous crime, on April 7, 2022, the United Nations General Assembly adopted a resolution to suspend Russia from the United Nations Human Rights Council. Ninety-three countries voted in favor, 58 abstained, and 24 opposed.

The Socialist Republic of Vietnam was among those who voted against it.

Indeed, those who have followed Vietnam’s stance since the early days of the war in Ukraine are not surprised by the significance of this vote. Vietnam abstained twice when the United Nations General Assembly voted to condemn Russia’s aggression on March 2 and 16. Vietnam’s support for Russia is just the policy of the Communist Party of Vietnam – a totalitarian regime that has ruled the country for more than half a century. This policy completely contradicts the Vietnamese people’s aspirations.

However, despite the record of systematic human rights violations that have lasted for decades and the support for the pro-war stance of dictator Vladimir Putin, the totalitarian regime in Vietnam intends to run for the United Nations Human Rights Council for the 2023-2025 term.

Faced with the risk of the UN Human Rights Council being abused by members with the worst human rights records, Vietnamese organizations and individuals who sign the Open Letter call on the United Nations members not to elect Vietnam to the United Nations Human Rights Council for the 2023-2025 term.

“Before looking for membership of the Council, the Vietnamese government must improve its human rights record, strictly enforce international human rights conventions on human rights, and contribute to the international community to build a peaceful and prosperous world,” the open letter reads.

For more information, please contact Tung Nguyen, DPA. 

Vietnam Human Rights Network Coordinator

Email: vnhrnet@vietnamhumanrights.net

OPEN LETTER

Do not elect Vietnam to the United Nations Human Rights Council for the 2023-2025 term.

To: The members of the United Nations

In recent days, the world has been overly indignant at the Russian Federation’s invasion of Ukraine. Those who still have a conscience are heartbroken at tens of millions of Ukrainians having to flee their homes in many towns destroyed by Russian bombs and thousands massacred, including women and children.

Faced with this heinous crime, on the 7 of April 2022, the United Nations General Assembly adopted a resolution to suspend Russia from the United Nations Human Rights Council. Ninety-three countries voted in favor, 58 abstained, and 24 opposed.

The Socialist Republic of Vietnam was among those who voted against it.

Indeed, those who have followed Vietnam’s stance since the early days of the war in Ukraine are not surprised by the significance of this vote. Vietnam abstained twice when the United Nations General Assembly voted to condemn Russia’s aggression on the 2 and 16 of March. Vietnam’s support for Russia is just the policy of the Communist Party of Vietnam – a totalitarian regime that has ruled the country for more than half a century. This policy completely contradicts the Vietnamese people’s aspirations.

However, despite the record of systematic human rights violations that have lasted for decades and the support for the pro-war stance of dictator Vladimir Putin, the totalitarian regime in Vietnam intends to run for the United Nations Human Rights Council for the 2023-2025 term.

Faced with the risk of the UN Human Rights Council being abused by members with the worst human rights records, we, the undersigned Vietnamese organizations and individuals, urgently call on the United Nations members not to elect Vietnam to the United Nations Human Rights Council for the 2023-2025 term.

Before looking for membership of the Council, the Vietnamese government must improve its human rights record, strictly enforce international human rights conventions on human rights, and contribute to the international community to build a peaceful and prosperous world.

On the 18th of April 2022

Signed parties:

Vietnam Human Rights Network (Mạng Lưới Nhân Quyền Việt Nam) 

Defend the Defenders (Người Bảo Vệ Nhân Quyền) 

Assembly for Democracy of Vietnam (Họp Mặt Dân Chủ)

Humanistic Socialist Party (Đảng Nhân Bản Xã Hội) 

The Great Viet Party (Đại Việt Quốc Dân Đảng)

Vietnam Democratic Deferation (Lực Lượng Dân Tộc Cứu Nguy Tổ Quốc)

The Independent Journalists Association of Vietnam (Hội Nhà Báo Độc Lập Việt Nam)

Vietnam Democracy Radio (Đài phát thanh Đáp Lời Sông Núi)

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For more information, please contact Tung Nguyen, DPA

Vietnam Human Rights Network Coordinator

Email: vnhrnet@vietnamhumanrights.net