Vietnam Human Rights Defenders’ Weekly January 22-28, 2018: Vietnam Convicts Four Dissidents, Postpones Trial against Labor Activist Hoang Binh

Defend the Defenders |January 28, 2018

Vietnam continues its crackdown on local dissent, convicting four during the week and planning to try many others in coming days.

On January 23, the People’s Court in the Mekong Delta province of An Giang convicted four local dissidents namely Vuong Van Tha and his son Vuong Van Thuan and his two nephews Nguyen Nhat Truong and Nguyen Van Thuong on charge of “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code. At the end of the so-called open trial without presence of lawyers and relatives of the defendants, the judge gave them a combined total of 31 years in prison and three years of house arrest each.

The People’s Court in Dien Chau district, Nghe An province suddenly postponed a trial scheduled for January 25 against labor activist and environmentalist Hoang Duc Binh (or Hoang Binh) and driver Nguyen Nam Phong. The first was arrested on May 15 and charged with “resisting persons in the performance of their official duties” under Article 330 and “Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens” under Article 331 of the country’s 2015 Penal Code which took effect on January 1, 2018, while the second was alleged of resisting persons in the performance of their official duties.”

The arrests of Binh and Phong aim to silence other activists who have sought to request the government take responsibly for the environmental disaster caused by the illegal discharge of a huge amount of toxic industrial waste of the Taiwanese Formosa Steel plant in the country’s coastal waters in April 2016.

Authorities in the northern province of Hoa Binh are going to extend the pre-trial detention of retired teacher Dao Quang Thuc who was arrested on October 5, 2017 and charged with subversion under Article 79 of the 1999 Penal Code. Since being detained, he has been held incommunicado, a common practice in political cases in the one-party regime.

Meanwhile, authorities in Hanoi had transferred former prisoner of conscience Vu Van Hung to another detention facility without informing his family. Police also have not disclosed information of the cause of his arrest. Mr. Hung was detained on January 4, with an initial charge of “causing public disorders” but the charge was later changed into “inflicting injuries.” Police have denied to provide any information about his “victims” nor his “attacks.”

The UN Working Group on Arbitrary Detention has judged that the arrest of land right activist Can Thi Theu is arbitrary and Vietnam must release her immediately and provide compensation for her. Mr. Theu is expected to be released on February 10 after serving 20 months in prison on allegation of “causing public disorders” under Article 245 of the 1999 Penal Code.

===== January 22 =====

Detention of Land Right Activist Can Thi Theu Arbitrary: UNWGAD

Defend the Defenders: The UN Working Group on Arbitrary Detention (UNWGAD) has judged that the arrest of Vietnamese land right activist Can Thi Theu is arbitrary, and that Vietnam’s government must release her immediately and unconditionally.

In its Opinion adopted during its 80th session on November 20-24, 2017, the UNWGAD said “The deprivation of liberty of Can Thi Theu, being in contravention of articles 2, 3, 7, 8, 9, 10, 11 (1), 19 and 20 of the Universal Declaration of Human Rights and of articles 2, 9, 14, 19, 21 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, II, III and V.”

The Working Group requests the Vietnamese government to take the steps necessary to remedy the situation of Ms. Theu without delay and bring it into conformity with the

relevant international norms, including those set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

It urges Hanoi to withdraw all charges against Ms. Theu in relation to her peaceful human rights activism, and ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Ms. Theu and to take appropriate measures against those responsible for the violation of her rights.

The Working Group requests the Vietnamese government to bring its laws, including any equivalent of Article 245 in the revised Penal Code, into conformity with the recommendations made in the present opinion and with the commitments made by Vietnam under international human rights law.

The Working Group also encourages Vietnam to incorporate the Model Law for the Recognition and Protection of Human Rights Defenders into its domestic legislation and to ensure its implementation.

Mrs. Theu was arrested on June 10, 2016 and charged with allegation of “causing public disorders” under Article 245 of the country’s 1999 Penal Code. In 2017, she was convicted and sentenced to 20 months in prison by the Hanoi People’s Court.

The arrest and conviction of her aims to discourage her and other thousands of land petitioners in Vietnam who are seeking for adequate compensation of their land which local authorities have seized for property and industrial development.

More information about Mrs. Theu’s case: /category/can-thi-theu/

===== January 23 =====

Four Vietnamese Southern Dissidents Convicted of “Conducting Anti-state Propaganda,” Sentenced to Total 31 Years in Prison

Defend the Defenders: On January 23, the People’s Court in Vietnam’s southern province of An Giang convicted Vuong Van Tha, Vuong Van Thuan, Nguyen Nhat Truong and Nguyen Van Thuong guilty of “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code.

During the one-day trial, the judge sentenced the four dissidents to a combined total of 31 years in prison. Particularly, Mr. Tha, 49, was given 12 years while his son Thuan, 28, was given seven years while the twine brothers Truong and Thuong were sentenced to six years in prison each.

In addition, all of them will face three years of house arrest after completing their jail sentences.

Relatives of the defendants and independent reporters were not allowed to attend the trial in the courtroom, like many other political cases. The defendants were reportedly not allowed to have their own lawyers.

It is worth noting that all defendants have poor education backgrounds. Mr. Tha and his son Thuan have yet to pass their primary school while the twin Truong and Thuong are illiterate. This raises the question of how well they understood the charges against them or the legal proceedings.

Mr. Tha, who served his three-year imprisonment on charge of “abusing democratic freedom” under Article 258 of the 1999 Penal Code, had made numerous live streams on Facebook calling for multi-party democracy and religious freedom in early 2017. He himself established a Hoa Hao Buddhist sect with few followers.

Due to Tha’s activities, his private residence in Vinh Hau commune, An Phu district was blocked in April-May as the local authorities deployed police and militia to isolate his family with neighbors. The water and electricity supplies were cut.

On May 17, police evicted his family and took them away. Several days later, they publicized their accusation.

The group’s trial is the first against local dissidents and human rights activists this year and one of the three trials scheduled in late January. The communist government plans to try labor activist and environmentalist Hoang Duc Binh and driver Nguyen Nam Phong on January 25 and pro-democracy campaigners Vu Quang Thuan, Nguyen Van Dien, and Tran Hoang Phuc on January 31.

The arrests of Tha and three others were part of Vietnam’s intensified crackdown on local dissent last year, the hardest campaign for many years.

With little tolerance of government critics, Vietnam arrested at least 45 activists and convicted 19 of them with severe imprisonments of between three and 16 years in 2017.

The trend is ongoing with detention of pro-democracy activist Vu Van Hung and religious freedom advocate Doan Van Dien. Police also seek to arrest labor activist Doan Huy Chuong. All three are former prisoners of conscience.

Vietnam is holding between 120 and 180 prisoners of conscience, according to local and international human rights organizations.

More reading: Vietnam Jails Four for Flying Flag of ‘Saigon Regime’

===== January 24 =====

Nghe An Authorities Tighten Security Control Prior to Trial of Labor Activist Hoang Binh, Harassing Former Prisoner of Conscience Do Thi Minh Hanh

Defend the Defenders: Authorities in Vietnam’s central province of Nghe An have been enhancing security control one day prior to the trial of labor activist and environmentalist Hoang Duc Binh (or Hoang Binh), detaining former prisoner of conscience Do Thi Minh Hanh and later deporting her to Ho Chi Minh City.

Ms. Hanh, president of the unsanctioned Viet Labor Movement in which Mr. Binh is vice president, was detained by security forces in the Vinh airport immediately after landing on the afternoon of Tuesday (January 24).

Ms. Hanh, who was sentenced to seven years in jail due to her independent union activities but served four years in prison, planned to come to Nghe An to support Mr. Binh and Mr. Phong.

She was reportedly beaten by security officers who were deployed to the airport to keep close watch on activists who come to observe the so-called open trial of Mr. Binh scheduled on January 25.

Police were said to rob her wallet and cell phones. They left her baggage in the airport and later relatives of Binh came to collect them.

Meanwhile, police in Nghe An have summoned many activists to their stations. The move aims to prevent them from gathering in the court’s areas to express their support for Binh.

The People’s Court of Nghe An province will try Binh and Nguyen Nam Phong on Wednesday. The first was charged with “resisting persons in the performance of their official duties” under Article 330 and “Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens” under Article 331 of the country’s 2015 Penal Code while the second was alleged of resisting persons in the performance of their official duties.”

Binh, 33, will face imprisonment of up to 14 years in prison if convicted, according to the current law which gives imprisonment of between two and seven years in jail for each charge while Mr. Phong, the driver of Catholic priest Nguyen Dinh Thuc, will face imprisonment of up to seven years if convicted, according to Vietnam’s current law.

On May 15, 2017, authorities in Nghe An kidnapped Mr. Binh when he was escorting Catholic priest Nguyen Dinh Thuc from the Song Ngoc parish in Dien Chau district to Vinh city. Their car was stopped by police in Dien Chau district’s center and police violently removed Binh from the car. Later, the province’s authorities publicized an arrest order of Binh issued by the province’s People’s Procuracy two days earlier.

On November 28, 2017, police in Nghe An also arrested Mr. Phong for refusing secret agents’ order to open his car’s door when the agents wanted to detain Binh more than six months earlier.

Along with working to promote rights of workers, Binh is a well-known blogger who has covered news on the Formosa-causing environmental disaster in the central coastal region.

In the press release on his detention, the Viet Labor Movement said the arrest aims to neutralize him because he has effectively assisted regional Catholic priests in helping thousands of victims of the environmental catastrophes caused by the Taiwanese Formosa steel plant and Ho Ho hydropower plant.

The Taiwanese Formosa steel plant illegally discharged a huge amount of industrial waste into waters in the central coast, causing massive death of fisheries in April 2016.

Instead of asking the foreign investor to take measures to clean the water and compensate adequately for local fishermen, Vietnam’s government has suppressed the local Catholic community which strongly protested the Taiwanese firm.

Authorities from Dien Chau district and Nghe An province deployed thousands of police officers, militia and thugs to attack Catholic followers when they were on their way to Ha Tinh province to challenge the Taiwanese company, causing severe injuries for hundreds of people, including priest Dang Huu Nam.

The arrest and trial of Mr. Binh are part of Vietnam’s ongoing intensified crackdown on local activists which began from early 2016 when the new communist leadership with many police generals being appointed in key posts gained power after the ruling communist party’s National Congress in January.

Last year, Vietnam arrested at least 45 activists and convicted 19 ones, giving them hard sentences of between three and 16 years, mostly on allegations in the national security provisions in the Penal Code.

Among those convicted are human rights defenders and environmentalists Nguyen Ngoc Nhu Quynh, Tran Thuy Nga and blogger Nguyen Van Hoa.

Binh is among numerous activists who will be tried for their activities which have aimed to promote human rights and protect environment. On January 23, Vietnam convicted four southern dissidents Vuong Van Tha, Vuong Van Thuan, Nguyen Nhat Truong and Nguyen Van Thuong on charge of “conducting anti-state propaganda” under Article 88 of the country’s 1999 Penal Code and sentenced them to total 31 years in prison and 12 years under probation.

Vietnam will try Vu Quang Thuan, Nguyen Van Dien and Tran Hoang Phuc, three members of members of the Chan hung Nuoc Viet (Reviving Vietnam Campaign), on allegation of “conducting anti-state propaganda.”

On January 24, Human Rights Watch issued a statement calling on Vietnam’s government to release immediately and unconditionally Mr. Binh and Mr. Phong. “The Vietnamese government is again using its abusive penal code to punish people for exercising their rights to protest and free speech,” said Brad Adams, Asia director in the press release. “All this trial will prove is what we already know – that the leaders of Vietnam don’t respect their own people’s rights,” he added.

Vietnam is holding around 180 prisoners of conscience, according to Defend the Defenders’ counting.

===== January 25 =====

Vietnam Court Suddenly Postpones Trial against Labor Activist, Environmentalist Hoang Binh

Defend the Defenders: The People’s Court in Dien Chau district, Vietnam’s central province of Nghe An, has postponed the open trial against labor activist and environmentalist Hoang Duc Binh (or Hoang Binh) scheduled on January 25 in Vinh City.

When his lawyers Ha Huy Son and Le Van Luan came to the headquarters of the province’s People’s Court, where the trial is slated to be held, at 7.50 AM, they were informed that the trial has been cancelled due to “absence of lawyers,” Mr. Son said.

According to its letter sent to the lawyers, the court said the trial was re-scheduled on February 6.

Nguyen Nam Phong, the driver of Catholic priest Nguyen Dinh Thuc, who refused secret agents’ request to open his car door in which Binh and the priest travelled on the day of Binh’s detention, was also arrested on allegation of “resisting on-duty officials” several months later, is also on the case.

Mr. Binh, vice president of the unsanctioned Viet Labor Movement, was said to be protected by three lawyers namely Son, Luan and Ngo Anh Tuan. Earlier this week, lawyer Tuan sent a letter to the court saying he cannot attend the trial due to his busy schedule.

Many relatives and friends of Binh came to the court areas without being disturbed. Security forces would block the areas if the trial had been carried out as planned, as in all political cases, relatives and supporters are not allowed to enter the courtrooms but stay far from the court areas.

Yesterday (January 23), authorities in Nghe An summoned numerous local activists. They also detained former prisoner of conscience Do Thi Minh Hanh, president of the Viet Labor Movement, when she came from Ho Chi Minh City to support Binh. Police robbed her belongings including cell phones and deported her back to the southern economic hub.

===== January 26 =====

Hanoi Police Transfer Pro-democracy Activist Vu Van Hung to Another Detention Facility Without Informing His Family 

Defend the Defenders: Authorities in Hanoi have transferred detained pro-democracy activist Vu Van Hung to another detention facility but his family has not been informed about the move.

On January 24, Mrs. Le Thi Mai, the wife of the activist, went to the Temporary Detention Facility under the Thanh Xuan district police in a bid to supply him with some food, however, she was told that the city’s police had transferred him to the Detention Facility No. 2 managed by the city’s Police Department. The later facility is located in Thuong Tin district, dozens of kilometers from Ha Dong district where the family is residing.

It is worth to note that on January 22, the police investigator in Hung’s case did not inform Mrs. Mai about the transfer when she contacted him by telephone.

Mr. Hung, member of the unsanctioned Brotherhood for Democracy, was arbitrarily detained on January 4 after taking part in a meeting of the unregistered Chu Van An Teachers Association. Hanoi police said he was arrested for causing public disorders but later changed the charge to “inflicting injuries” under Article 134 of the country’s 2015 Penal Code.

Police said he will be held at least for two months for investigation.

Police have refused to reveal information about the case, including the “victims” of Mr. Hung’s “attacks.”

Mr. Hung, a former political prisoner, has been targeted as Vietnam started its hardest crackdown on local dissent in late 2015 prior to the ruling communist party’s 12th National Congress.

He has been summoned many times to police stations to talk about his membership in the Brotherhood for Democracy and his actions which aim to promote democracy and protect human rights in the one-party regime.

===== January 27 =====

Pre-trial Detention of Vietnamese Retired Teacher Dao Quang Thuc Likely Extended

Defend the Defenders: Vietnam’s authorities are likely extending the pre-trial detention of retired teacher Dao Quang Thuc, who was arrested on October 5 last year and charged with “carrying out activities aimed at overthrowing the administration, which comes under Article 79 of the country’s 1999 Penal Code.

His daughter Dao Ngoc Bich Quynh Trang told Defend the Defenders that recently she went to ask the Police Investigation Agency under the Hoa Binh province’s Police Department about her father and the police replied that his pre-detention will be extended for four more months.

However, police have yet to provide any written form of their decision, the daughter said, adding the first four-month detention will be finished on February 5.

Mr. Thuc has been held incommunicado since being detained nearly four months ago.

On October 5, Hoa Binh police conducted an urgent arrest of Mr. Thuc and carried out searching his private residence in Toan Son commune, Da Bac district.

Mr. Thuc retired recently. He has participated in a number of peaceful activities which aimed to protest China’s violations of the country’s sovereignty in the East Sea (South China Sea), protect environment and fight against corruption. He had also posted his opinions about these issues on social networks including Facebook.

He was among over 40 activists arrested and charged with controversial Articles 79, and 88 of the national security provisions in the 1999 Penal Code last year.

====================