The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Vietnam.
New information:
According to the information received, on November 28, 2007, the Hanoi Appeals Court decided to reduce Mr. Nguyen Van Dai’s sentencing to four years’ imprisonment, followed by four years’ house arrest, for “conducting propaganda against the Socialist Republic of Vietnam” (Article 88 of the Criminal Code). He had been sentenced to five years’ imprisonment and four years’ house arrest on May 11, 2007 on the same grounds.
The Observatory expresses its deep concern at Mr. Nguyen Van Dai’s sentencing and arbitrary detention, which seem to directly aim at sanctioning his activities in favour of human rights and are in flagrant violation of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations 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”.
Background information:
On March 6, 2007, security forces raided the residence of Mr. Nguyen Van Dai, in Hanoi, and placed him under arrest. He was charged with “conducting propaganda against the Socialist Republic of Vietnam” (Article 88 of the Criminal Code), although in July 2002 the United Nations Human Rights Committee denounced the provisions of Article 88 as “incompatible” with international human rights law and demanded their immediate repeal.
Since Mr. Nguyen Van Dai founded the Committee for Human Rights in Vietnam in November 2006, he has been summoned repeatedly for police interrogations because of his statements in favour of human rights and democracy. Besides, during the meeting of the Asia-Pacific Economic Cooperation (APEC), which took place in Hanoi from November 17 to 19, 2006, 10 security police officers surrounded his home and prohibited all visitors (See Observatory Press Release, dated November 20, 2006).
On February 28, 2007, following pressure from Security Police, the Business Registration Office of Hanoi’s Planning and Investment Bureau issued a “Decision” to withdraw the licence of the Translation and Legal Consultation Firm (TNHH) in Hanoi of which Mr. Nguyen Van Dai is a co-founder and the Executive Director.
On May 11, 2007, the People’s Court of Hanoi sentenced him to five years’ imprisonment and four years’ house arrest for “conducting propaganda against the Socialist Republic of Vietnam”.
Since Mr. Nguyen Van Dai founded an organisation called the Committee for Human Rights in Vietnam in November 2006, he has been summoned repeatedly for police interrogations because of his statements in favour of human rights and democracy. Besides, during the meeting of the Asia-Pacific Economic Cooperation (APEC), which took place in Hanoi from November 17 to 19, 2006, 10 security police officers surrounded his home and prohibited all visitors (See Observatory Annual Report 2006).
Action requested:
Please write to the authorities of Vietnam urging them to:
i.Guarantee in all circumstances the physical and psychological integrity of Mr. Nguyen Van Dai;
ii.Release him immediately and unconditionally since his detention is arbitrary;
iii.Put an end to all acts of harassment against all human rights defenders in Vietnam;
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.Amend Article 88 of the Criminal Code, to bring it in conformity with international human rights standards;
vi.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 Nguyen Minh Triet, Office of the State, 1 Bach Thao, Hanoi, Socialist Republic of Vietnam, Fax : +84 4 823 1872 (c/o Ministry of Foreign Affairs)
– 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 Nguyen Tan Dung, Office of the Prime Minister, Hoang Hoa Tham, Hanoi, Socialist Republic of Vietnam, Fax: + 84 4 823 1872 (c/o Ministry of Foreign Affairs)
– Minister of Foreign Affairs Pham Gia Khiem, Fax : +84 4 823 1872
– Minister of Justice Uong Chu Luu, 56-58-60 Tran Phu, 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 4 825 2733
– 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
– Embassy of Vietnam in Brussels, 1 bd. General Jacques, 1050 Ixelles, Belgium, Fax: + 32 2 374 93 76.
Please also write to the embassies of Vietnam in your respective country.
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Geneva - Paris, November 30, 2007
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
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New information
VNM 001 / 0307 / OBS 024.1
Arbitrary detention / Sentencing
Vietnam
November 30, 2007