UN Working Group on Arbitrary Detention pronounced detention of Vietnamese
pro-democracy activists a violation of international law
Vietnam Committee
on Human Rights
11/08/2012
PARIS, 8 November 2012 (VIETNAM
COMMITTEE) – The
United Nations Working Group on Arbitrary Detention
informed the Vietnam Committee on Human Rights by fax today that it considers
the detention of four pro-democracy activists,
Le Cong Dinh,
Tran
Huynh Duy Thuc,
Nguyen
Tien Trung
and Le
Thang Long
to be a violation of international law. The UN Working Group calls on Vietnam to
release the four men and grant them compensation in accordance with the UN
International Covenant on Civil and Political Rights (ICCPR) to which Vietnam
acceded in 1982.
The Vietnam
Committee on Human Rights submitted the case
of the four activists to the UN Working Group in Geneva following their
arbitrary condemnation in January 2010 at an unfair trial in Ho Chi Minh City to
sentences ranging from five to sixteen years in prison followed by 3-5 years
house arrest on charges of
“subversion” (article 79 of the Vietnamese
Criminal Code). The defendants, whose “crime” was to call peacefully for
political reforms, all appealed against their sentence, except Nguyen Tien Trung
(condemned to 7 years in prison). On 11 May 2010, the Ho Chi Minh City Appeals
court upheld the sentences against human rights lawyer Le Cong Dinh (5 years in
prison) and Tran Huynh Duy Thuc (16 years in prison). The sentence of Le Thang
Long was reduced from 5 to 3 ˝ years in prison, and he was released in June
2012, six months before completing his sentence.
In March 2012, the Vietnam Committee on Human Rights met with the UN
Working Group on Arbitrary Detention and other “Special procedures” at the
Office of the UN Commissioner for Human Rights in Geneva, including the Special
Rapporteurs on Freedom of Opinion and Expression, Freedom of Religion or Belief
and Freedom of Association and Peaceful Assembly to press for the release of a
number of human rights defenders and pro-democracy activists detained in
Vietnam.
Following UN procedures, the UN Working Group on Arbitrary
Detention communicated this information to the Vietnamese government on 15 March
2012. In a letter dated 13 July 2012, Vietnam denied the allegations and claimed
that the men were imprisoned because they had violated Vietnamese law. Meeting
on 29 August to examine the case, the Working Group adopted Opinion 27/2012 and
declared that the detention of the four men was
“arbitrary and in contravention of articles 9,
19 and 21 of the UN International Covenant on Civil and Political Rights, to
which Vietnam is a party”.
In Opinion 27/2012, the UN Working Group rejected Vietnam’s
claim that their detention was justified, since
“even if the detention is in conformity with national legislation, the
Working Group must ensure that it is also consistent with the relevant
provisions of international law”.
The UN Working Group condemned the broad wording of certain
provisions in Vietnam’s Criminal Code, such as
“taking advantage of democratic freedoms and
rights to abuse the interests of the State”
(article 258), which is “so vague
that it could result in penalties being imposed not only on persons using
violence for political ends, but also on persons who have merely exercised their
legitimate right to freedom of opinion or expression”.
The group found no evidence of the men’s involvement in
violent activities to justify their conviction for
“activities aimed at overthrowing the people’s
administration” (article 79 of the Criminal
Code), and stressed that “the holding
and expressing of opinions, including those which are not in line with official
Government policy, are protected under Article 19 of the International Covenant
on Civil and Political Rights”.
In conclusion, the UN Working Group called on Vietnam
“to release Le Cong Dinh, Tran Huynh Duy
Thuc, Nguyen Tien Trung and Le Thanh Long and to accord them compensation in
accordance with article 9, paragraph 5 of the International Covenant on Civil
and Political Rights”.
The Vietnam Committee on Human Rights welcomes Opinion
27/2012. The Committee has consistently denounced the vaguely-worded “national
security” provisions in Vietnam’s Criminal Code since 1994, when the UN Working
Group on Arbitrary Detention made a visit to Vietnam. The Committee reiterates
the UN Working Group’s call for their release, as well as that of all others
detained for the peaceful expression of legitimate political opinions or
religious beliefs, such as bloggers
Dieu Cay,
Ta Phong Tan,
Phan Thanh Hai
and songwriters Viet Khang
and Tran Vu Anh Binh,
and UBCV leader Thich Quang Do
who is under arbitrary detention without any justification or charge (UN
Working Group Opinion 18/2005).