Vietnam should drop all charges against rights campaigners Le Thu Ha, Nguyen Bac Truyen, Nguyen Trung Ton, Nguyen Van Dai, Pham Van Troi, and Truong Minh Duc and release them immediately, Human Rights Watch said today. The People’s Court of Hanoi is scheduled to hear their case on April 5, 2018.The six activists were charged with “carrying out activities that aim to overthrow the people’s administration” under article 79 of the penal code.
“The only crime that these activists have committed is to campaign tirelessly for democracy and defend victims of human rights abuses,” said Brad Adams, Asia director. “The Vietnamese government should thank them for their efforts to improve the country instead of arresting and putting them on trial.”
Le Thu Ha, Nguyen Bac Truyen, Nguyen Trung Ton, Nguyen Van Dai, Pham Van Troi, and Truong Minh Duc are accused of being affiliated with Brotherhood for Democracy, which was founded in April 2013 by Nguyen Van Dai and fellow activists. With the stated goal “to defend human rights recognized by the Vietnam Constitution and international conventions” and “to promote the building of a democratic, progressive, civilized and just society for Vietnam,” Brotherhood for Democracy provides a network for activists both in and outside Vietnam who campaign for human rights and democracy in Vietnam.
Members of the group conducted informal trainings on civil society, human rights, and democracy, and learned skills such as safety and security on the internet. They participated in anti-China and pro-environment protests, and in humanitarian activities such as helping victims of natural disasters and veterans with disabilities. The Brotherhood for Democracy provided legal assistance to fellow activists who were arrested and charged for their pro-democracy activities and co-signed petitions calling for democracy and human rights in Vietnam. They also visited the family of political detainees and prisoners to show solidarity.
All six activists have participated in numerous human rights activities, including campaigning for victims, teaching human rights standards, advocating for religious freedom, and supporting political prisoners and their families. Nguyen Bac Truyen, Nguyen Trung Ton, Pham Van Troi, and Truong Minh Duc joined other civil social groups to campaign against Formosa, a Taiwanese steel company that dumped toxic waste into the sea and caused a massive marine disaster along the central coast of Vietnam.
The police arrested Nguyen Van Dai and Le Thu Ha in December 2015 and charged them with conducting propaganda against the state under article 88 of the penal code. Both were held in detention for almost 20 months without access to legal counsel. In July 2017, the police changed the charge to “carrying out activities that aim to overthrow the people’s administration” under article 79 of the penal code. The other four were arrested in July 2017 under the same charge.
Except for Le Thu Ha, each of the other five accused had previously served prison sentences for their peaceful pro-democracy and human rights activism.
According to Quang Binh Online, the mouthpiece of the communist party branch of Quang Binh province, “to take advantage of the maritime environmental incident in the central coast in April 2016, together with other hostile forces and reactionary elements, Brotherhood for Democracy strived to propagandize, distort, stir up and incite people to participate in protests in the name of ‘justice,’ ‘freedom,’ ‘democracy,’ and ‘march and protest for the environment.’ These subjects tried to inflate and exacerbate sensitive issues that receive attention of public opinion; causing irritation, doubt and discontent among the masses. The polluted environmental incident accidentally became ‘an opportunity’ and ‘a cause’ for these subjects to exploit and raise a hullabaloo to influence public opinions both inside and outside the country, [making people] mis-understand the policies and guidelines of the Party and the State, and the course of socio-economic development of local regions.”
Since the Formosa environmental catastrophe in April 2016, there have been numerous protests in Vietnam to demand a clean environment and fair compensation for victims who lost their livelihoods. Vietnamese authorities have responded by arresting and imprisoning activists who protested, including Nguyen Ngoc Nhu Quynh, Tran Thi Nga, Ho Van Hai, Tran Hoang Phuc, Hoang Duc Binh, Nguyen Van Hoa, and many others.
“It is no coincidence that the trial of these six activists is planned on the two-year anniversary of the Formosa environmental disaster,” said Adams. “Instead of silencing critics, the Vietnamese government should order an impartial outside assessment of its clean-up effort and deal directly with citizens in the affected areas to provide fair and transparent compensation for their losses.”
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Published on HRW on April 4, 2018
Vietnam should drop charges of violating probation against the veteran human rights activist Nguyen Van Oai and allow him to go home, Human Rights Watch said today.
The People’s Court of Nghe An province will hear his appeal on January 15, 2018.Nguyen Van Oai was sentenced in September 2017 to five years in prison for violating the terms of his probation, under article 304 of the penal code, and resisting a person on public duty, under article 257 of the penal code. His probation, which required him to report to a People’s Committee regularly and restricted his movements, was based on an improper prosecution and conviction for his association with a disfavored political organization, in violation of his rights to freedom of association and expression.
Nguyen Van Oai, who maintains that his underlying conviction was unlawful, refused on release from prison to report on his activities and thoughts to a People’s Committee and participated in protests during this time. When plain-clothes officers, who did not produce credentials, approached his house to discuss his alleged probation violation, Nguyen Van Oai chased them away with a gardening stake.
“The government’s pursuit of Nguyen Van Oai is vindictive and unwarranted,” said Brad Adams, Asia director. “He never should have been sentenced in the first place, and the terms of his probation amount to a direct effort to control his thoughts and freedom to criticize and protest. This is the latest extension of the government’s unrestrained crackdown against dissidents.”
Nguyen Van Oai, 36, has long participated in anti-China protests and protests against the imprisonment of other activists. He was also involved in mobilizing support for the prominent lawyer Cu Huy Ha Vu at the time of his 2011 trial. Nguyen Van Oai also participated in labor rights activities in Binh Duong province.
Police arrested him in August 2011 at Tan Son Nhat airport after a trip abroad for affiliation with the outlawed political party Viet Tan. The police charged him with “carrying out activities aiming to overthrow the people’s administration” under article 79 of the penal code. In January 2013, the People’s Court of Nghe An put him and 13 other Catholic and Protestant activists on trial, sentencing Nguyen Van Oai to four years in prison.
In August 2015, Nguyen Van Oai completed his prison sentence. Upon release, he told BBC Vietnamese that he planned to “work with organizations that care about human rights in Vietnam so that the country will soon have a real democracy.” He participated in multiple protests against the Taiwanese steel company Formosa, which had caused a massive marine disaster by dumping toxic waste along the central coast of Vietnam in April 2016.
More than 100 activists are currently imprisoned in Vietnam for exercising their basic freedoms of expression, assembly, association, and religion. Vietnam should unconditionally release them and repeal all laws that criminalize peaceful expression.
“Nguyen Van Oai and many other brave Vietnamese risk their personal safety and freedom to advocate for democracy and human rights,” Adams said. “International donors and trade partners should pressure Vietnam to end its long abusive rights record.”
Published on HRW on January 13, 2018