The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Vietnam.
Brief description of the situation:
The Observatory has been informed by the Vietnam Committee on Human Rights about acts of harassment and intimidation against Mr. Hoang Minh Chinh, former Dean of the Hanoi Institute of Marxist-Leninist Philosophy and a vocal advocate of democratic reform.
According to the information received, Mr. Hoang Minh Chinh, suffering from prostate cancer, was authorised to undergo treatment in the United States in late August 2005. During his stay, he testified before the Congressional International Relations Committee, spoke at Harvard University and made a number of declarations about the lack of democratic freedom in Vietnam, which were widely denounced in the Vietnamese official media. Returning to Vietnam on November 13, 2005, Mr. Hoang Minh Chinh and his wife went to stay with their daughter, in Saigon, instead of going directly back to their home in Hanoi, since he was still weak from his illness. Mr. Minh Chinh applied to stay in Saigon for a period of convalescence, but the police gave him a 10-day temporary residence permit, which expired on November 23, 2005 (indeed, according to Vietnamese law, residence permits have to be obtained from the local police each time one wants to overnight in another place than one’s place of official residence).
On November 19, 2005, a local security agent warned Mr. Hoang Minh Chinh’s daughter that her father’s presence caused serious unrest and dissatisfaction in the neighbourhood because he was a “traitor and an enemy of the people”. They allegedly said that police would not protect him if any violence broke out, and that he must go back to Hanoi when his permit expired.
Two days later, a crowd of 50 people gathered outside his daughter’s house, stabbed the gate with knives and threw eggs at his son-in-law’s car. A few moments later, a neighbour threw buckets of water with sulphuric acid through his front door. Although no one was harmed, Mr. Hoang Minh Chinh and his family all fell sick and dizzy after inhaling the acid fumes. His son-in-law vomited violently and had to be taken to a doctor. Police drew up a report on the incident, but did not give the family a copy and took no further action. The Observatory fears that pressure might have been put on the neighbours by local police.
Later that evening, a gang of ten young men banged loudly on the door and shouted threats against Mr. Hoang Minh Chinh, threatening him if he did not leave immediately and go back to Hanoi. Again, police repeated that they could not protect him, and that he must “take the consequences” if ever he stepped outside his door. Mr. Hoang Minh Chinh requested an extension of the temporary residence permit on grounds of his bad health condition, but police refused to comply and Mr. Hoang Minh Chinh is currently in an illegal situation.
Moreover, Mr. Hoang Minh Chinh continues to be the target of attacks in the official Vietnamese media because of his declarations on democracy during his stay in the United States. On October 31, 2005, he filed a formal libel suit against seven official newspapers in Vietnam.
The Observatory is very preoccupied by the situation of Mr. Hoang Minh Chinh, in particular due to his poor state of health. The Observatory underlines that the declarations of the police are a blatant violation of the UN Declaration on Human Rights Defenders, adopted on December 9, 1998 by the General Assembly, which states in its article 12.2 that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.
Action requested:
Please write to the authorities of Vietnam urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Hoang Minh Chinh, and all his family members;
ii. Conduct a fair, impartial and independent inquiry into these events, in order to identify the authors, bring them to justice and pronounce sentences proportional to the gravity of their crimes
iii. Put an end to all acts of harassment against Mr. Hoang Minh Chinh and all human rights defenders in Vietnam and ensure they be able to express themselves freely;
iv. Comply with the UN Declaration on Human Rights Defenders, especially article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, article 6(b), which states that “everyone has the right, individually and in association with others (...) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”, and article 12.2 above-mentioned;
v. Comply with international human rights standards included in the Universal Declaration on Human Rights and other international human rights instruments ratified by the Socialist Republic of Vietnam.
Addresses:
President Tran Duc Luong, Office of the State, 1 Bach Thao, Hanoi, Socialist Republic of Vietnam, Fax : +84 4 823 1872
Nong Duc Manh, General Secretary, Communist Party of Vietnam, Central Committee Headquaters, Nguyen Canh Chan, 1A Hung Vuong, Hanoi, Socialist Republic of Vietnam, Fax : +84 4 845 9205
Prime Minister Phan Van Khai, Office of the Prime Minister, Hoang Hoa Tham, Hanoi, Socialist Republic of Vietnam, Fax : +84 4 823 4137
Minister of Foreign Affairs Nguyen Dy Nien, Fax : +84 4 823 1872
Minister of Justice Uong Chu Luu, 25A Cat Linh Street, Dong Da District, Hanoi, Socialist Republic of Vietnam, Fax: +84 4 843 1431
Minister of Public Security Le Hong Anh, Ministry of Public Security, 15 Tran Binh Trong Street, Hoan Kiem District, Hanoi, Socialist Republic of Vietnam, Fax : +84 4 942 4381
Ambassador Mr. Quang Xuan Ngo, Permanent Mission of the Socialist Republic of Vietnam to the United Nations in Geneva, Chemin des Corbillettes 30, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 798 07 24 / 24 69, Email: mission.vietnam@ties.itu.int
Please also write to the embassies of Vietnam in your respective country.
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Geneva - Paris, November 24, 2005
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the emergency line:
Tel and fax FIDH: +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT: (+ 41 22) 809 49 39 / 809 49 29
Email: Appeals@fidh-omct.org