Viet Nam: release writer held on “propaganda” charges - UN experts UN Human Rights Special Procedures
GENEVA (29 October 2021) – UN human rights experts* today called on Viet
Nam to immediately and unconditionally release detained writer and woman human
rights defender Ms Pham Doan Trang who faces “anti-State propaganda” charges and
the possibility of up to 12 years in jail.
“Ms Pham Doan Trang is only the latest victim of the authorities’ use of vaguely
defined propaganda charges to persecute writers, journalists and human rights
defenders, criminalising the exercise of their right to freedom of opinion and
expression to share information,” the experts said.
Ms Pham Doan Trang, detained in Hanoi temporary detention centre 1, was arrested
in October 2020. She was held in pre-trial detention for more than a year before
being allowed to meet her lawyer, and charges were not brought until the end of
August this year. She has not been allowed to meet her family and has only
recently received medical treatment, despite deteriorating health. Her trial,
initially scheduled for 4 November, has been postponed and is likely to take
place in the coming weeks.
“As we have said many times before, Article 88 of the 1999 Criminal Code†, under
which she is charged, is vaguely defined and violates international human rights
norms,” the experts said. “We reiterate our call to the government to repeal all
such provisions that violate the right to freedom of opinion and expression.”
The arrest and detention of an individual exercising their right to freedom of
expression to report on human rights issues is an arbitrary deprivation of
liberty under international human rights law, the experts said. The Working
Group on Arbitrary Detention deemed Ms Pham Doan’s detention arbitrary in an Opinion
40/2021 issued
in September 2021.
The charges against Ms Pham Doan Trang stem from at least three human rights
reports she co-authored, as well as interviews she gave with foreign media
outlets. The reports ̶ covering the 2016 Formosa marine
environmental disaster, a 2016 law on religion, and human rights issues in Viet
Nam in general ̶ are being used as evidence by the prosecution.
“We are deeply alarmed that reports documenting human rights concerns are being
used against human rights defenders as evidence in criminal trial,” the experts
said. “This could have far-reaching consequences and consolidate an environment
of fear in Viet Nam, leading to self-censorship and inhibiting others from
cooperating with the UN.”
Sharing reports and testimonies is a common way of communicating with the UN,
and one way UN human rights experts establish facts.
“Bringing criminal charges against people who report on human rights issues is
likely to coerce individuals into submission and silence, and preclude them from
speaking out on such topics,” they said.
Reiterating fears for Ms Pham Doan Trang’s health, the experts said: “We urge
the authorities to immediately and unconditionally release Ms Pham Doan Trang
and allow her to receive all necessary medical care.”
The Special Rapporteurs are in contact with the authorities on this matter.
†The arrest warrant issued against Ms. Pham Doan Trang charged her under both
article 117 of the 2015 Criminal Code and article 88 of the 1999 Criminal Code,
for alleged acts of ‘anti-State propaganda’ both prior to and since 2018,
however the final indictment charges her under article 88 of the 1999 Criminal
Code only.
ENDS
* The experts: Ms. Irene Khan, Special
Rapporteur on the right to freedom of opinion and expression;Ms.
Elina Steinerte (Chair-Rapporteur), Dr. Miriam Estrada-Castillo (Vice-chairperson), Ms.
Leigh Toomey, Mr. Mumba Malila, Ms. Priya Gopalan, Working
Group on arbitrary detention; Ms.
Mary Lawlor, Special
Rapporteur on the situation of human rights defenders;and Tlaleng
Mofokeng, Special
Rapporteur on the right to physical and mental health.
The Special Rapporteurs and Independent Experts are part of what is known as
the Special
Procedures of
the Human Rights Council. Special Procedures, the largest body of independent
experts in the UN Human Rights system, is the general name of the Council’s
independent fact-finding and monitoring mechanisms that address either specific
country situations or thematic issues in all parts of the world. Special
Procedures experts work on a voluntary basis; they are not UN staff and do not
receive a salary for their work. They are independent of any government or
organisation and serve in their individual capacity.
For inquiries and media requests, please contact: please write to:
Thibaut Guillet (+41 22 917 9158 / thibaut.guillet@un.org)
or ohchr-freedex@un.org.
For media inquiries related to other UN independent experts, please contact
Renato Rosario De Souza (renato.rosariodesouza@un.org)
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