Mr. Luu Van Vinh (left) and Mr. Nguyen Van Duc Do
Amnesty International said holding incommunicado is a practice which encourages torture and other ill-treatment, in violation of the prohibition on torture in international human rights treaties including the Convention against Torture to which Vietnam is a state party.
By Defend the Defenders, November 26, 2016
Amnesty International has raised its concerns about two Vietnamese pro-democracy activists who are at risk of torture while being held incommunicado.
In its statement released on November 22, the London-based human rights organization said Luu Van Vinh and Nguyen Van Duc Do, who were arrested on November 6 on allegation of conducting activities aiming to “overthrow” the state under Article 79 of Vietnam’s Penal Code, are held in incommunicado detention and are at risk of torture and other ill-treatment.
Police in Ho Chi Minh City have refused relatives and lawyers access to the detainees. Currently, the two activists are held at 4 Phan Dang Luu detention center, Phu Nhuan district for investigation into their alleged links to the “Coalition of Vietnamese People”, a newly-established pro-democracy group.
The two activists face strict punishment of between five years and life imprisonment, or the death penalty.
Amnesty International said incommunicado detention is a practice which encourages torture and other ill-treatment, in violation of the prohibition on torture under international human rights treaties including the Convention against Torture to which Vietnam is a state party.
Mr. Vinh, 49, was beaten in front of his family around the head, face and abdomen by plain clothed men, taken away and then brought back two hours later when the police arrived with an arrest warrant. After repeated attempts to see him, his family was provided with formal notification of the reasons for his arrest on November 17. The same day, an application by their lawyer to represent Luu Van Vinh was rejected. Nguyen Van Duc Do’s family did not know where he was detained until November 11, and then only received formal notification on November 17.
Both men had taken part in peaceful protests about the Formosa ecological disaster in April, and in anti-China demonstrations. Several others arrested around the same time were released after being held for up to five days. One reported that they were beaten while in detention.
Amnesty International has launched a global campaign until January 3 calling people in the world to write immediately in Vietnamese, English or their own language to:
– Calling on the Vietnamese authorities to immediately release Luu Van Vinh and Nguyen Van Duc Do if they are not to be tried for a recognizable criminal offence;
– Calling on Vietnam to ensure that the two activists are treated in accordance with the UN Standard Minimum Rules for the treatment of prisoners, and are not subjected to torture and other ill-treatment while in detention;
– and calling on the Vietnamese communist government to ensure that the detainees have access to a lawyer, family and adequate medical care.
The appeals can be sent to Vietnamese Prime Minister Nguyen Xuan Phuc, Minister of Public Security To Lam and Deputy Prime Minister cum Minister of Foreign Affairs Pham Binh Minh or Vietnam’s diplomatic agencies in the senders’ countries.
Amnesty International also informed the international community that Vietnam is a state party to the International Covenant on Civil and Political Rights which guarantees the rights to freedom of expression, association and peaceful assembly. However, these rights are severely restricted in law and practice in the Southeast Asian nation. Vaguely worded articles in the national security section of Vietnam’s 1999 Penal Code are frequently used to criminalize dissenting views or activities. Those at risk include people advocating for peaceful political change, criticizing government policies, or calling for respect for human rights. Article 79 (Carrying out activities aimed at overthrowing the people’s administration) is among articles used to detain, prosecute and imprison dissidents for their pro-democracy activism, including bloggers, labor rights and land rights activists, political activists, religious followers of different churches, human rights defenders and social justice activists, and even song writers.
Prison conditions in Vietnam are harsh, with inadequate food and health care that falls short of the minimum requirements set out in the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and other international standards, said Amnesty International. Prisoners of conscience are commonly held in incommunicado pre-trial detention when risk of torture and other ill-treatment is high. Although Vietnam has ratified the Convention against Torture, which came into effect in the country in February 2015, insufficient steps have been taken to bring the country into compliance with its obligations under that treaty, Amnesty International noted.
In July, Amnesty International released its report on conditions in Vietnam’s prisons Prisons Within Prisons: Torture and Ill-treatment of Prisoners of Conscience in Viet Nam. You can read the report following the link: https://www.amnesty.org/en/documents/asa41/4187/2016/en/.
Take Action! – Two Activists Held Incommunicado At Risk Of Torture
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November 26, 2016
Amnesty International Raises Concerns about Two Vietnamese Activists Held Incommunicado
by Nhan Quyen • [Human Rights]
Mr. Luu Van Vinh (left) and Mr. Nguyen Van Duc Do
By Defend the Defenders, November 26, 2016
Amnesty International has raised its concerns about two Vietnamese pro-democracy activists who are at risk of torture while being held incommunicado.
In its statement released on November 22, the London-based human rights organization said Luu Van Vinh and Nguyen Van Duc Do, who were arrested on November 6 on allegation of conducting activities aiming to “overthrow” the state under Article 79 of Vietnam’s Penal Code, are held in incommunicado detention and are at risk of torture and other ill-treatment.
Police in Ho Chi Minh City have refused relatives and lawyers access to the detainees. Currently, the two activists are held at 4 Phan Dang Luu detention center, Phu Nhuan district for investigation into their alleged links to the “Coalition of Vietnamese People”, a newly-established pro-democracy group.
The two activists face strict punishment of between five years and life imprisonment, or the death penalty.
Amnesty International said incommunicado detention is a practice which encourages torture and other ill-treatment, in violation of the prohibition on torture under international human rights treaties including the Convention against Torture to which Vietnam is a state party.
Mr. Vinh, 49, was beaten in front of his family around the head, face and abdomen by plain clothed men, taken away and then brought back two hours later when the police arrived with an arrest warrant. After repeated attempts to see him, his family was provided with formal notification of the reasons for his arrest on November 17. The same day, an application by their lawyer to represent Luu Van Vinh was rejected. Nguyen Van Duc Do’s family did not know where he was detained until November 11, and then only received formal notification on November 17.
Both men had taken part in peaceful protests about the Formosa ecological disaster in April, and in anti-China demonstrations. Several others arrested around the same time were released after being held for up to five days. One reported that they were beaten while in detention.
Amnesty International has launched a global campaign until January 3 calling people in the world to write immediately in Vietnamese, English or their own language to:
– Calling on the Vietnamese authorities to immediately release Luu Van Vinh and Nguyen Van Duc Do if they are not to be tried for a recognizable criminal offence;
– Calling on Vietnam to ensure that the two activists are treated in accordance with the UN Standard Minimum Rules for the treatment of prisoners, and are not subjected to torture and other ill-treatment while in detention;
– and calling on the Vietnamese communist government to ensure that the detainees have access to a lawyer, family and adequate medical care.
The appeals can be sent to Vietnamese Prime Minister Nguyen Xuan Phuc, Minister of Public Security To Lam and Deputy Prime Minister cum Minister of Foreign Affairs Pham Binh Minh or Vietnam’s diplomatic agencies in the senders’ countries.
Amnesty International also informed the international community that Vietnam is a state party to the International Covenant on Civil and Political Rights which guarantees the rights to freedom of expression, association and peaceful assembly. However, these rights are severely restricted in law and practice in the Southeast Asian nation. Vaguely worded articles in the national security section of Vietnam’s 1999 Penal Code are frequently used to criminalize dissenting views or activities. Those at risk include people advocating for peaceful political change, criticizing government policies, or calling for respect for human rights. Article 79 (Carrying out activities aimed at overthrowing the people’s administration) is among articles used to detain, prosecute and imprison dissidents for their pro-democracy activism, including bloggers, labor rights and land rights activists, political activists, religious followers of different churches, human rights defenders and social justice activists, and even song writers.
Prison conditions in Vietnam are harsh, with inadequate food and health care that falls short of the minimum requirements set out in the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and other international standards, said Amnesty International. Prisoners of conscience are commonly held in incommunicado pre-trial detention when risk of torture and other ill-treatment is high. Although Vietnam has ratified the Convention against Torture, which came into effect in the country in February 2015, insufficient steps have been taken to bring the country into compliance with its obligations under that treaty, Amnesty International noted.
In July, Amnesty International released its report on conditions in Vietnam’s prisons Prisons Within Prisons: Torture and Ill-treatment of Prisoners of Conscience in Viet Nam. You can read the report following the link: https://www.amnesty.org/en/documents/asa41/4187/2016/en/.
Take Action! – Two Activists Held Incommunicado At Risk Of Torture