UN Working Group on Arbitrary Detention pronounced detention of Vietnamese pro-democracy activists a violation of international law

PARIS, 8 November 2012 (VIETNAM COMMITTEE) – The United Nations Working Group on Arbitrary Detention informed the Vietnam Committee on Human Rights by fax today that it considers the detention of four pro-democracy activists, Le Cong Dinh, Tran Huynh Duy Thuc, Nguyen Tien Trung and Le Thang Long to be a violation of international law. The UN Working Group calls on Vietnam to release the four men and grant them compensation in accordance with the UN International Covenant on Civil and Political Rights (ICCPR) to which Vietnam acceded in 1982.

The Vietnam Committee on Human Rights submitted the case of the four activists to the UN Working Group in Geneva following their arbitrary condemnation in January 2010 at an unfair trial in Ho Chi Minh City to sentences ranging from five to sixteen years in prison followed by 3-5 years house arrest on charges of “subversion” (article 79 of the Vietnamese Criminal Code). The defendants, whose “crime” was to call peacefully for political reforms, all appealed against their sentence, except Nguyen Tien Trung (condemned to 7 years in prison). On 11 May 2010, the Ho Chi Minh City Appeals court upheld the sentences against human rights lawyer Le Cong Dinh (5 years in prison) and Tran Huynh Duy Thuc (16 years in prison). The sentence of Le Thang Long was reduced from 5 to 3 ½ years in prison, and he was released in June 2012, six months before completing his sentence.

In March 2012, the Vietnam Committee on Human Rights met with the UN Working Group on Arbitrary Detention and other “Special procedures” at the Office of the UN Commissioner for Human Rights in Geneva, including the Special Rapporteurs on Freedom of Opinion and Expression, Freedom of Religion or Belief and Freedom of Association and Peaceful Assembly to press for the release of a number of human rights defenders and pro-democracy activists detained in Vietnam.

Following UN procedures, the UN Working Group on Arbitrary Detention communicated this information to the Vietnamese government on 15 March 2012. In a letter dated 13 July 2012, Vietnam denied the allegations and claimed that the men were imprisoned because they had violated Vietnamese law. Meeting on 29 August to examine the case, the Working Group adopted Opinion 27/2012 and declared that the detention of the four men was “arbitrary and in contravention of articles 9, 19 and 21 of the UN International Covenant on Civil and Political Rights, to which Vietnam is a party”.

In Opinion 27/2012, the UN Working Group rejected Vietnam’s claim that their detention was justified, since “even if the detention is in conformity with national legislation, the Working Group must ensure that it is also consistent with the relevant provisions of international law”.

The UN Working Group condemned the broad wording of certain provisions in Vietnam’s Criminal Code, such as “taking advantage of democratic freedoms and rights to abuse the interests of the State” (article 258), which is “so vague that it could result in penalties being imposed not only on persons using violence for political ends, but also on persons who have merely exercised their legitimate right to freedom of opinion or expression”.

The group found no evidence of the men’s involvement in violent activities to justify their conviction for “activities aimed at overthrowing the people’s administration” (article 79 of the Criminal Code), and stressed that “the holding and expressing of opinions, including those which are not in line with official Government policy, are protected under Article 19 of the International Covenant on Civil and Political Rights”.

In conclusion, the UN Working Group called on Vietnam “to release Le Cong Dinh, Tran Huynh Duy Thuc, Nguyen Tien Trung and Le Thanh Long and to accord them compensation in accordance with article 9, paragraph 5 of the International Covenant on Civil and Political Rights”.

The Vietnam Committee on Human Rights welcomes Opinion 27/2012. The Committee has consistently denounced the vaguely-worded “national security” provisions in Vietnam’s Criminal Code since 1994, when the UN Working Group on Arbitrary Detention made a visit to Vietnam. The Committee reiterates the UN Working Group’s call for their release, as well as that of all others detained for the peaceful expression of legitimate political opinions or religious beliefs, such as bloggers Dieu Cay, Ta Phong Tan, Phan Thanh Hai and songwriters Viet Khang and Tran Vu Anh Binh, and UBCV leader Thich Quang Do who is under arbitrary detention without any justification or charge (UN Working Group Opinion 18/2005).

Imagine if i went to jail for writing this - Kaylee

for stating my opinion

for promoting what I believe in

for talking badly about IU, or Indiana, or the nation

for critcizing the president like so many openly do

***

Luckily, I live in a country where I have the luxury of being able to speak freely, to post on blogs and other social media without worrying about my content being censored, or worse, being thrown in jail for my beliefs.

In many other parts of the world, people are not as lucky.

My friend, Huong, is from Vietnam, a country that while claiming to be more open to democracy than ever, oppresses its peoples' rights to free speech, espeically if it is speech against the government. 

Huong's fiance, Nguyen Tien Trung, and several of his friends and well-known authors, scholars, entreprenuers, and other leaders, such as lawyer Le Cong Dinh, enterpreneur Tran Huynh Duy Thuc, freelance journalists Dieu Cay, Ta Phong Tan, Phan Thanh Hai, have been chastized for speaking out against the Vietnames government and promoting democracy.

They write blogs, post pictures, make films, give speechs, distribute information, or in Trung's case, form organizations, that support democracy in Vietnam. Nothing they do is violent. Yet still, these activists have been sentenced to anywhere from 2-16 years in jail, all for peacefully promoting democracy. Trung has been sentenced to 7 years in prison. 

This week, September 16th, is Trung's birthday, one he will celebrate in an isolated jail in an isolated country, away from his family and his fiance. We want Trung to know that we are all thinking of him and that we stand in solidarity with him and all other political prisoners. 

We are asking that you spread the word today-- help educate others about political prisoners. Take a minute to remember the freedoms you have, and remember that those are not universal. We also ask that you would sign this petition to show your support.

http://free-nguyentientrung.blogspot.fr/2009/11/sign-to-support-trung.html

What more can you do to help? Come work with us at Amnesty International at IU this year as we raise awareness across campus and the community and inspire activism. We work on a variety of human rights campaigns, and Trung's will continue to be one of them. Amnesty International at IU's callout will be Monday, September 24th, at 7:15 in Ballantine 011. We will continue to stand with our friends in Vietnam and fight for human rights for all people in all parts of this vast world.

Thank you for listening-- it makes all the difference just to be aware. 

Peace, 

Kaylee

For more information about Trung, visit facebook.com/freetrung

Source: http://www.weareiu.com/blog/part-of-the-patchwork/imagine-if-i-went-to-jail-for-writing-this

CALL FOR SUPPORT FOR VIETNAMESE BLOGGER BEHIND BARS FOR MORE THAN TWO YEARS

Reporters Without Borders expresses its gravest concern over the fate of the Vietnamese blogger and democratic activist Nguyen Tien Trung, in custody for more than two years and sentenced in January last year to seven years’ imprisonment and three years’ house arrest for subversion.

“We request the immediate and unconditional release of de Nguyen Tien Trung. The accusations made against him are a total fabrication,” the press freedom organization said.

“Nguyen Tien Trung has never been a danger to the Vietnamese state. He merely expressed himself freely, a right guaranteed by the constitution. The authorities want to make an example of him and intimidate Vietnamese students who return home from studies abroad and demand greater freedom.”

Trung, a graduate of the INSA School of Engineering in the French city of Rennes, was arrested at his parents’ home in Ho Chi Minh City on 7 July 2009 for “anti-state propaganda” under the criminal code.

A government TV station broadcast his taped confession. Under duress, he admitted in court he had broken the law and had been influenced by Western values. However, he said he had no intention of overthrowing the government, a statement which was believed to have been taken into account by the judge.

He was found guilty on 20 January last year of endangering national security and colluding via the Internet with reactionary organizations based abroad to organise campaigns aimed at overthrowing the people’s government.

His family announced it would campaign for his release. They stressed that Trung never had any intention of overthrowing the government and was simply exercising his rights as a citizen.

The committee formed to support him published on its website a tribute from his former professor at INSA, Philippe Echard, who said: “It’s a strange thing as an educator to imagine that a student one has taught, with whom one has had discussions, and to whom one has most probably paid particular attention since he is a foreigner, is today in prison in his own country at the other end of the world and facing serious charges…

“Why is he in prison? For expressing himself freely, for criticising university education in Vietnam, for appealing, like many other intellectuals in his country, for greater freedom and democracy.”

The committee has called for a campaign for his release: “The worst that can happen to Trung is that he is forgotten little by little,” it said. His family and friends have stepped up their action – visit http://freetrung.tk and sign their petition.

International Solidarity Week is a major event in France to raise awareness of international solidarity and sustainable development. A number of events have been organised throughout the country and the Committee for the Release of Nguyen Tien Trung , headed by Professor Echard, was due to give a presentation on Friday 19 in Rennes on cyber dissidence in Vietnam, giving full details of Trung’s case.

The committee has organised a mass meeting on Saturday 19 a 2 p.m. in the Place de la Mairie in Rennes, which will be attended by teachers and students from INSA and by many of those who support Trung. On this occasion, Reporters Without Borders joins the committee in demanding his release.

Statement by Jean-François Julliard, secretary-general of Reporters Without Borders, on the occasion of the presentation by the Committee for the Rele

More than two years after his conviction, we wish to reaffirm our support for Nguyen Tien Trung and his family on the occasion of International Solidarity Week. We are pursuing our efforts to obtain his release and we continue to defend the right to freedom of information in Vietnam.

On 2 September, Vietnam’s national day, we sent a letter to Prime Minister Nguyen Tan Dung. At that time, the government had announced an amnesty for more than 10,000 detainees. We requested that all prisoners of conscience also be released and drew the prime minister’s attention to the fate of the three journalists and 17 bloggers, including Nguyen Tien Trung, who were still in prison. To date, there has been no reply to the letter.

Human rights and freedom of expression have deteriorated in the country in recent years and arrests go on. Today, Vietnam is the country with the second highest number of netizens in prison, after China. Most have been charged with subversion or trying to overthrown the people’s government under article 88 of the criminal code.

However, in several of its provisions the Vietnamese constitution guarantees human rights and freedom of expression. Article 43, for example, gives citizens the right to take part in public and social affairs and discuss local and national problems, to send petitions or make recommendations to the organs of state, and to participate in referendums organised by the government .

What, then, justifies Nguyen Tien Trung’s detention for addressing the government on the country’s education policy and expressing pro-democratic views?

Article 69 guarantees freedom of expression and of the press. Citizens have the right to be informed, as well as to hold meetings, form associations and take part in demonstrations within the law. Why has he been criticized for affiliation to the Democratic Party of Vietnam?

Finally, article 71 protects citizens’ physical integrity, private life, health, honour and dignity. No one can be arrested without a warrant issued by the People’s Court or ratified by the People’s Inspectorate, except in cases where someone is caught breaking the law red-handed. Nguyen Tien Trung merely expressed his desire to see these principles applied and respected. Yet he has been accused of “anti-state propaganda”.

Just after the 66th anniversary of Vietnam’s independence in September this year, we welcomed the release of 10,000 detainees. Today we urgently call on the Vietnamese authorities to extend the amnesty to Nguyen Tien Trung and all political prisoners.

Jean-François Julliard Secretary-General, Reporters Without Borders

The international solidarity week in Rennes

Dear,

The international solidarity week will be held from November 9 to 19, at the “Maison International de Rennes” (7 Quai Chateaubriand, 35000 Rennes, France)

On this occasion, the committee for the release of Nguyen Tien Trung will participate with the presentation of Mr Philippe Echard, the president of the committee, on the subject of Vietnamese cyber dissident, and particularly the case of Nguyen Tien Trung. The talks will start from 18h30 and right after that, the conference about “democracy, humain right and political practice: the role of the media” from 20h30 to 22h.

The next day, Saturday 19/11 at 14h, there will be a manifestation at “place de la Mairie” in Rennes, with the participation of professors, students in Insa of Rennes and all those who support the release of Nguyen Tien Trung.

Your participation in these two activities will be welcome.

Regards,

The committee for the release of Nguyen Tien Trung.

RSF: Open letter to the american secretary of state Hillary Clinton

Secretary of State Hillary Clinton

U.S. Department of State

Washington DC

USA

Paris, October 25, 2010

Subject: Your visit to Hanoi for ASEAN summit

Dear Secretary of State Clinton,

Reporters Without Borders would like to ask you to use your October 30 visit to Hanoi to press the Vietnamese authorities to release imprisoned journalists and cyber-dissidents,referring in particular to the cases of Pham Minh Hoang, Nguyen Tien Trung and Le Cong Dinh. A meeting with their families or with human rights activists would be in line with the support for free expression you declared in your speech of January 21.

Le Cong Dinh, a cyber-dissident and well-known lawyer, was sentenced to five years in prison on January 20. Nguyen Tien Trung, a blogger and pro-democracy activist, is

serving a seven-year jail sentence. Their jail terms are to be followed by three years of house arrest. Both were convicted of endangering national security and “organizing campaigns in collusion with foreign-based reactionary groups aimed at overthrowing the people’s government with the Internet’s help.”

Pham Minh Hoang, who kept a blog (www.pkquoc.multiply.com), was formally charged on September 29 after six weeks in detention, during which his family was without any news of

him. He is accused of activities aimed at overthrowing the government and of being a member of the opposition Viet Tan party, which the authorities regard as a “terrorist organization.” His wife denies the charges and says the real reason for his arrest was his opposition to bauxite mining by a Chinese company in Vietnam’s central highlands and its impact on the environment. Other journalists and bloggers who have tried to cover this subject, such a Bui

Thanh Hieu, have also been arrested.

The human rights situation is getting worse in the run-up to the Communist Party congress scheduled for early next year. Vietnam nonetheless agreed to reconcile economic

development with respect for its citizens’ fundamental rights when it was admitted to the World Trade Organization in 2006. Vietnam is also a signatory of the International Covenant on Civil and Political Rights, which enshrines freedom of expression and opinion as a fundamental right that everyone should be able to exercise freely.

The government has been reinforcing its control over the media and Internet since last year. Censorship of online political content and repression of bloggers and netizens who refer to sensitive issues have been stepped up. There has also been an increase in cyber-attacks on websites critical of the government. Article 1 of “Circular No. 7,” issued in January 2009, told bloggers they could only write about strictly personal matters, effectively banning them from circulating press articles. The Public Security Ministry is involved in Internet surveillance. Vietnam is on the Reporters Without Borders list of “Enemies of the Internet.”

In your historic speech last January, you very clearly affirmed U.S. support for online freedom of speech and opinion, saying the United States had a duty to defend this economic and social development tool. We ask you to now defend these principles in your relations with Vietnam, the world’s second-largest prison for netizens with a total of 16 cyber-dissidents and three journalists detained. The government announced a prisoner amnesty for Vietnam’s national holiday on 2 September, but until now no free speech activist has been released. Our organization hopes it can count on your support for online free speech and for those who struggle every day to defend the right to news and information.

We thank you in advance for the attention you give to this request.

Sincerely,

Jean-François Julliard

Secretary-General

Ahead of Hanoi visit, Hillary Clinton urged to raise cases of imprisoned journalists and cyber-dissidents

Source: RSF

Reporters Without Borders has written to U.S. secretary of state Hillary Clinton in advance of her visit to Hanoi on 30 October urging the United States to press the Vietnamese authorities to release imprisoned journalists and cyber-dissidents and suggesting that it should raise the cases of Le Cong Dinh, Nguyen Tien Trung and Pham Minh Hoang in particular.

Le Cong Dinh, a cyber-dissident and well-known lawyer, was sentenced to five years in prison on January 20. Nguyen Tien Trung, a blogger and pro-democracy activist, is serving a seven-year jail sentence. Their jail terms are to be followed by three years of house arrest. Both were convicted of endangering national security and “organizing campaigns in collusion with foreign-based reactionary groups aimed at overthrowing the people’s government with the Internet’s help.”

Pham Minh Hoang, a blogger (www.pkquoc.multiply.com) with French and Vietnamese dual citizenship, was formally charged on 29 September after six weeks in detention, during which his family was without any news of him. He is also accused of activities aimed at overthrowing the government. His wife says the real reason for his arrest was his opposition to bauxite mining by a Chinese company in Vietnam’s central highlands and its impact on the environment. Other journalists and bloggers who have tried to cover this subject, such as Bui Thanh Hieu, have also been arrested.

The human rights situation is getting worse in the run-up to the Communist Party congress scheduled for early next year. Vietnam nonetheless agreed to reconcile economic development with respect for its citizens’ fundamental rights when it was admitted to the World Trade Organization in 2006.

The government has been reinforcing its control over the media and Internet since last year and there has been an increase in cyber-attacks on websites critical of the government.

In her historic speech last January, Clinton very clearly affirmed U.S. support for online freedom of speech and opinion, saying the United States had a duty to defend this tool of economic and social development. Reporters Without Borders urges her to defend these principles now in her contacts with Vietnam, the world’s second-largest prison for netizens with a total of 16 cyber-dissidents and three journalists detained.

Government urged to pardon detained journalists and netizens

Source: RSF

Reporters Without Borders reiterates its appeal to the government to ensure that the human rights activists, journalists and netizens who are in prison in Vietnam just for expressing their views are included in the amnesty for detainees that has been announced for Vietnam’s National Holiday on 2 September.

Vietnam needs to respect its undertakings to guarantee freedom of expression. The release of these human rights activists, journalists and bloggers would be seen a major conciliatory gesture.

Reporters Without Borders would like to draw the government’s attention to the following 18 detainees: three journalists (Tran Khai Thanh Thuy, Truong Minh Duc and Nguyen Van Ly) and 15 netizens (Nguyen Van Tinh, Nguyen Manh Son, Nguyen Van Tuc, Ngo Quynh, Nguyen Kim Nhan, Pham Van Troi, Vu Hung, Nguyen Van Dai, Le Thi Cong Nham, Tran Quoc Hien, Truong Quoc Huy, Nguyen Hoang Hai, also known as Dieu Cay, Nguyen Tien Trung, Nguyen Xuan Nghia and Le Cong Dinh).

Reporters Without Borders secretary-general Jean-François Julliard wrote to Prime Minister Nguyen Tan Dung on 20 July urging him to pardon these human rights activists, journalists and bloggers.

When Vietnam was admitted to the World Trade Organisation in 2006, it agreed to reconcile economic development with respect for its citizens’ fundamental rights. Vietnam is also a signatory of the International Covenant on Civil and Political Rights, which enshrines freedom of expression and opinion as a fundamental right that everyone should be able to exercise freely.

It's been one year, Nguyen Tien Trung was arrested in Vietnam

(Translated from Ouest-France)


Sad anniversary. A year ago to the day, a former student of Rennes, Nguyen Tien Trung, was arrested in his country, Vietnam, "attempting to overthrow the regime of the people." He was sentenced to 7 years in prison and three years of house arrest.

Trung studied five years in Rennes from 2002 to 2007, when he received his diploma in computer engineering from the National Institute of Applied Sciences (INSA). During these years the young man now 27 years created the Association "Vietnamese Youth for Democracy". During an internship in the U.S., he met exiled Vietnamese and Canadian Prime Minister and former President George Bush ... After graduation, he returned to Vietnam. In March 2007 he was called up. He was arrested and jailed July 7, 2009.

Since then, a support committee was formed with former classmates and teachers Insa. City and County, as Reporters Without Borders and Amnesty International, continues to press for his release. For them, Trung was taken as an example.

Press release of the support committee Nguyen Tien Trung (May 7 2010)

Update on the health situation of Nguyen Tien Trung held since July 7, 2009.

According to his parents, Nguyen Tien Trung was in good health. He pumps a day in 1000 to deal with. He would like to read books in computer science, mathematics and novels in French and English but it is forbidden to bring into the prison the books that are not Vietnamese.

The support committee Nguyen Tien Trung has met each other on 1 and 2 May 2010 in Rennes.

Present: Quoc Nam and his wife My Duyen (both regular members of the committee), Nguyen Hoai Nam (Nguyen Tien Trung's brother and vice-chair), Philippe Echard (Chairman) and his wife Zoubida Jadda (Regular Member of the Committee), Marie-Jo Pedrono (regular member of the committee) and Severine Denis (Vice-Chair of the Committee).
The committee's activities during the weekend were:
- On 1 May:
Meeting: talked about current activities and those need to be done.
- May 2: Visit an exhibition on the "boat people" in the building of the "Champs Libres in Rennes.


At the meeting of May 1, the support committee decided:

- To send parcels regularly to Trung (in prison). These packages contain only food.
- To strengthen the partnership with supporting committees involved in the fight for the release of other dissidents in Vietnam.
The visit of the exhibition has been emotional and allowed us to understand more about the boat people of Vietnam, who have paid everything for freedom.