Vietnam: Immediately release independent journalist and human rights defender
Pham Doan Trang
VNHRN | 2021-10-26 Ahead of
her upcoming trial on 4 November, the undersigned 28 human rights and freedom of
expression organizations today condemn the ongoing arbitrary detention of
independent journalist and woman human rights defender Pham Doan Trang. We call
on the Vietnamese authorities to immediately and unconditionally release and
drop all charges against her. The persecution of Doan Trang and other human
rights defenders, including independent writers and journalists, is part of the
worsening assault on the rights to freedom of expression and information in
Vietnam. A month
before her arrest, Doan Trang was the subject of a joint communication issued by
five UN Human Rights Council Special Rapporteurs (independent experts)
responding to mounting harassment against her and other independent writers and
journalists. In its December 2020 response, the government of Vietnam denied all
allegations of wrongdoing and, without providing evidence, justified Doan
Trang’s arrest as a response to her alleged abuse of the internet to overthrow
the State. It is
clear that Pham Doan Trang is being persecuted for her long-standing work as an
independent journalist, book publisher, and human rights defender, known for
writing about topics ranging from environmental rights to police violence, as
well as for her advocacy for press freedom. Vietnamese authorities have
regularly used Article 88 (and later Article 117) of the Penal Code to punish
human rights defenders, independent journalists and writers, and others who have
peacefully exercised their human rights.
International human rights experts have repeatedly called on Vietnam to amend
the non-human rights compliant provisions of its Penal Code and bring them into
line with international law. In 2021, four UN Special Rapporteurs noted that
Article 117 is ‘overly broad and appears to be aimed at silencing those who seek
to exercise their human right to freely express their views and share
information with others.’ In 2019, the UN Human Rights Committee called on
Vietnam ‘as a matter of urgency’ to revise vague and broadly formulated
legislation, including Article 117, and to end violations of the right to
freedom of expression offline and online. In June
2021, the UN Working Group on Arbitrary Detention, responding to the detention
of an Independent Journalist Association of Vietnam member, pointed to a
‘familiar pattern of arrest that does not comply with international norms, which
is manifested in the circumstances of the arrest, lengthy detention pending
trial with no access to judicial review, denial or limiting of access to legal
counsel, incommunicado detention, prosecution under vaguely worded criminal
offences for the peaceful exercise of human rights, and denial of access to the
outside world. This pattern indicates a systemic problem with arbitrary
detention in Vietnam which, if it continues, may amount to a serious violation
of international law. Since her
arrest, Doan Trang has been held incommunicado, until 19 October 2021, when she
was finally allowed to meet with one of her lawyers after having been denied
access to her family and legal representation for over a year. Prolonged
incommunicado detention is a form of prohibited ill-treatment under
international law under the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and Article 7 of the International Covenant
on Civil and Political Rights (ICCPR), which Vietnam has ratified. As a result
of this denial of her rights to a fair trial, liberty, and security, she has
faced increased risk of torture and other ill treatment. On 30
August 2021, following the conclusion of the police investigation, the Hanoi
Procuracy Office issued its formal indictment against Doan Trang. Alarmingly,
her family did not learn of this until more than a month later, on 7 October,
and only after having requested information from the authorities. The family and
lawyers were again denied visitation. Authorities at the time also refused to
provide Doan Trang’s lawyers with a copy of the indictment or access to the
evidence they had prepared against her. This undue delay in the proceedings and
refusal to grant access to a lawyer of her choosing amounts to a violation of
her right to a fair trial under Article 14 of the ICCPR. According
to the indictment, which was only made public on 18 October—more than a year
after her arrest—Doan Trang is being charged under Article 88 of the Penal Code,
for alleged dissemination of anti-State propaganda. The authorities dropped the
similar charge under Article 117 of the amended Penal Code. The
indictment calls attention to three specific pieces of writing. It mentions a
book-length report Doan Trang wrote with Green Trees, an environmental rights
group, about the 2016 Formosa Ha Tinh Steel disaster; a 2017 report on the
freedom of religion in Vietnam; and an undated article titled ‘General
assessment of the human rights situation in Vietnam.’ The indictment also
accuses her of speaking with two foreign media, Radio Free Asia and the British
Broadcasting Corporation (BBC), to allegedly defame the government of Vietnam
and fabricate news. These publications highlight Doan Trang’s vital work as an
author, journalist, and human rights defender who has worked tirelessly for a
more just, inclusive, and sustainable Vietnam. Her peaceful activism should be
protected and promoted, not criminalized, in line with the UN Declaration on
Human Rights Defenders, the undersigned organizations said. The use
of human rights reports as evidence in a criminal prosecution sends a chilling
message to civil society against engagement in human rights documentation and
advocacy, and increases the risk of self-censorship. In light of the fact that
Doan Trang’s report on Formosa was also part of direct advocacy with the UN
Special Rapporteur on toxics and human rights in 2016, its inclusion as evidence
against her may constitute an act of intimidation and reprisal for cooperation
with the UN and consolidate an environment of fear, as already noted by several
UN actors. Ahead of
her 4 November 2021 trial, Doan Trang was only granted her first meeting with
her lawyer on 19 October 2021. While the lawyer noted Doan Trang’s overall
positive attitude, he also recounted several serious medical concerns. Doan
Trang’s legs, which were broken by the police in 2015, have been in greater pain
as a result of the denial of adequate medical care during her detention. She has
not been allowed to visit a doctor to treat other preexisting conditions,
including low blood pressure, and as a result she has lost 10 kilograms. We
denounce this unacceptable denial of her rights to a fair trial and freedom from
torture and other cruel, inhuman, or degrading treatment and call for an
immediate end to her arbitrary detention, and for all charges against her to be
dropped.
Doan Trang’s
background as an independent journalist and human rights defender Doan
Trang is among the leading voices and best-known independent writers in
Vietnamese civil society and recognized internationally for her human rights
advocacy. She is the author of thousands of articles, blog entries, Facebook
posts, and numerous books about politics, social justice, and human rights. She is
the co-founder of the environmental rights group Green Trees, and the
independent media outlets Luat Khoa Magazine, The Vietnamese Magazine, and the
Liberal Publishing House. Doan Trang is the recipient of the 2017 Homo Homini
Award presented by Czech human rights organization People in Need and the 2019
Reporters Without Borders Press Freedom Award Prize for Impact. In 2020, the
International Publishers Association awarded her organization, the Liberal
Publishing House, with their Prix Voltaire Award. Pham Doan
Trang is no stranger to harassment and intimidation by the State for her writing
and human rights advocacy. This has included torture and other ill-treatment,
including physical assault. In 2015, she was beaten so badly by security forces
that she was left disabled and has since often needed crutches to aid her
mobility. In 2018, she was hospitalized after being subjected to torture in
police custody. For three years preceding her arrest, she was forced to move
constantly and lived in fear of intimidation and harassment by police and other
State authorities.
In view of
the above, we call on the government of Vietnam to: ·
Immediately and unconditionally release and drop all charges against Pham Doan
Trang and all other human rights defenders currently imprisoned solely for the
peaceful exercise of their human rights and fundamental freedoms. · Pending
her immediate and unconditional release, guarantee humane treatment and
conditions, and ensure prompt access to medical attention. ·
Guarantee Doan Trang unrestricted access to and regular communication with her
family and confidential access to legal assistance of her choosing. · Ensure
that her chosen lawyers are promptly provided with timely access to all relevant
legal documentation and granted unrestricted communication and access in
confidentiality with Doan Trang and adequate time and facilities to prepare for
her defense. · Ensure
the trial is open to the public, including diplomatic and human rights civil
society observers and the media, and refrain from any arbitrary restriction on
travel or interference of trial observers, media, and civil society preceding
and during the trial. · Repeal
or substantially amend the Penal Code and other non-human rights compliant
legislation, used to harass and imprison individuals—including independent
journalists and human rights defenders—for the exercise of their fundamental
rights, and bring them in conformity with the International Covenant on Civil
and Political Rights to which Vietnam has been a State Party since 1982, and
other applicable international law and standards.
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