Resolution on Viet Nam submitted by Suisse Romand PEN Centre and seconded by Swiss German PEN Centre and Swiss Italian and Reto-Romansh PEN Centre

 

 

 

Vietnamese League for Human Rights in Switzerland

 

 

The Assembly of Delegates of PEN International, meeting at its 77th World  Congress in Belgrade, Serbia, 12 September to 18 September 2011

 

Deeply disturbed that violations of the right to freedom of expression and opinion continue to occur in Viet Nam. Print and audiovisual media, Internet and publishing houses are under strict State control and subject to severe censorship. There is arbitrary restriction on freedom to seek, receive and impart information, in particular relating to accountability for human rights violations, corruption and social injustice.

 

Seriously concerned by the persecution of writers, journalists, bloggers dissidents and human rights defenders, who have been sanctioned notably by article 88 of the Penal Code (Propaganda against the Socialist Republic of Viet Nam) carrying penalties of 3 to 20 years in prison, in violation of Article 19 of the ICCPR.

 

Troubled by the fact that most detainees spend several months in pre-trial detention during which, they have no right to be presumed innocent and are denied access to their independent lawyers who are subject to threats and harassment. They are defamed by official media. Their right to a fair and public trial by independent judges is not guaranteed.

 

Shocked and indignant by the fact that many writers, journalists, bloggers and human rights defenders serve heavy prison sentences in forced labour camps, where they are not protected from attacks by common law prisoners and are denied their right to receive adequate medical treatment and family visits. Some are held incommunicado or in solitary confinement. Several former writers in prison, authors and bloggers have been attacked or subjected to brief detention, among others: Lê Thi Công Nhân (f), Pham Hông Son, Lê Quôc Quân, Bui Chat (2011 IPA Freedom to Publish Prize), Bui Thanh Hiêu, blogger Nguoi Buôn Gio, Nguyên Ngoc Nhu Quynh (f) , blogger Me Nâm, Ta Phong Tân (f), blogger Công Ly Su Thât.

 

Deplores that writer Trân Khai Thanh Thuy’s release in June 2011 was conditional on her forced exile, after serving 18 months of her 42-month prison sentence.

 

Alarmed by the state of health and the detention conditions of the following prisoners, among others : Nguyen Van Ly, priest and editor of the underground review Tu Do Ngôn Luân (Freedom of Opinion), (8 years in prison and 5 years in probationary detention); Nguyên Xuân Nghia, poet and novelist, member of the Hai Phong Association of writers and the banned human rights defenders network (Bloc 8406), co-editor of the underground journal To Quoc (6 years in prison and 3 years in probationary detention); Truong Minh Duc, journalist and cyberdissident (5 years in prison and 3 years in probationary detention).

Further concerned with the following cases: Nguyên Phong, Nguyên Binh Thanh, Trân Quôc Hiên, Truong Quôc Huy, Pham Ba Hai, Pham Thanh Nghiên, Pham Van Trôi, Nguyên Manh Son, Trân Huynh Duy Thuc (16 years in prison), Lê Thang Long, Lê Công Dinh, Nguyên Tiên Trung, Trân Anh Kim, Vi Duc Hôi, Pham Minh Hoang, Lu Van Bay and Cu Huy Hà Vu currently serving their unjust prison sentence; still yet, Dang Phuc Tuê (Ven. Thich Quang Dô), 83-year-old, Buddhist monk and poet, in house arrest since 2003, Nguyên Van Hai (blogger Diêu Cày), journalist, maintained in prison instead of being released since October 2010 after serving a prison term of 2 and half years, Phan Thanh Hai (blogger AnhBa SaiGon), lawyer and journalist, arrested in October 2010, Nguyên Kim Nhan, former writer in prison, re-arrested in June 2011.

 

Strongly urges the Socialist Republic of Viet Nam to:

- Release, immediately and unconditionally, the above-mentioned writers, journalists, bloggers and human rights defenders, and all other persons currently in prison or in probationary detention for having exercised their right to freedom of expression and opinion.

- Cease all attacks, harassment, threat of arbitrary arrest or preventive detention against all persons who hold dissenting views or who call for freedom of thought, conscience, religion and belief.

- Lift all arbitrary restrictions imposed on former writers in prison, including those who have not yet served their entire probationary detention terms.

- Improve conditions in prisons and in forced labour camps, stop acts of aggression perpetrated by common law detainees, ban and punish all forms of torture and ill-treatments, allow sick prisoners of opinion to be hospitalized and receive adequate medical care as well as facilitate their family visits.

- Abolish all censorship and lift all restrictions on freedom of expression and opinion, freedom of the press, freedom to create and to publish, the right to be informed by all means including the Internet, and freedom of association, in compliance with the Articles 19, 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR).

 

Annex: State of health and the detention conditions of the writers in prison, among others  

 

- Nguyên Van Ly, priest and editor of the underground review Tu Do Ngôn Luân (Freedom of Opinion). He was sentenced in 2007 to 8 years in prison and 5 years in probationary detention. He previously served 15 years in prison between 1977 and 2005. In November 2009, a stroke paralyzed the right side of his body. Fearing that he would die of other strokes, the Public Security transferred him to Huê city in March 2010. He was placed under police surveillance for 12 months in order to seek medical treatment before his return to the camp. On 25 July 2011, a police ambulance brought him back to the camp to serve the rest of his prison sentence until 2015. He still suffers from partial paralysis and an inflamed prostate that may be cancerous;

 

- Nguyên Xuân Nghia, poet and novelist, member of the Hai Phong Association of writers and the banned human rights defenders network (Bloc 8406), co-editor of the underground journal Tô Quôc (Fatherland), author of several poems, short stories, notes, memoirs and articles. He was sentenced in 2009 to 6 years in prison and 3 years in probationary detention. He is suffering from haemorrhoids, stomach ulcers, renal calculus and rheumatic inflammations;

 

- Truong Minh Duc, journalist and cyberdissident. He was sentenced in 2008 to 5 years in prison and 3 years in probationary detention for his numerous articles about corruption and abuse of power. He broke his left arm in prison. He is confined together with 60 high recidivist criminals in a camp deep in the jungle. Already limited, access to his family’s visits and supply of food and medicines (a 7 kg pack per monthly visit) became more difficult and costly. He is suffering from high blood pressure and gastrointestinal diseases;

 

- Nguyên Van Hai (blogs as Diêu Cày), independent journalist and blogger, who should have been released on 20 October 2010 on completion of a two-and-a-half year sentence. However, on 18 October 2010 he was reportedly transferred to a Public Security detention camp in Ho Chi Minh City, apparently on charges under article 88 of the Penal Code. The charges are said to be based on his online writings for the Free Journalist Network in Viêt Nam, published prior to his arrest in 2008. He has been held incommunicado, without access to family visits, letters or medical and food supplies since 18 October 2010. A recent unconfirmed report claims he lost an arm in prison. Concerns for his welfare are acute.

 

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The delegates of PEN International Centers unanimously approved the Resolution on Vietnam at the 77th World Congress in Belgrade, Serbia

 

Algerian Centre, All-India Centre, American Centre, Austrian Centre, Bangladeshi Centre, Basque Centre, Belarusian Centre, Belgian (Dutch Speaking) Centre, Belgian (French Speaking) Centre, Bosnian-Herzegovina Centre, Brazilian Centre, Bulgarian Centre; Canadian Centre, Catalan Centre, Central Asia Centre, Croatian Centre, Cuban Writers in Exile Centre, Cypriot Centre, Czech Centre, Danish Centre, Egyptian Centre, English Centre, Esperanto Centre, Estonian Centre, Ethiopian Centre, Finnish Centre, French Centre, Galician Centre, German Centre, German Speaking Writers Abroad Centre, Ghanaian Centre, Greek Centre, Guadalajaran Centre, Guinean Centre, Haiti Centre, Hungarian Centre, Independent Chinese Centre, Irish Centre, Italian Centre, Japanese Centre, Jordanian Centre, Kenyan Centre, Korean Centre, Kosovan Centre, Kurdish Centre, Lithuanian Centre, Macedonian Centre, Malawian Centre, Melbourne Centre, Moldovan Centre, Montenegrin Centre, Moroccan Centre, Nepalese Centre, Netherlands Centre, New Zealand Centre, Nigerian Centre, Norwegian Centre, Occitan Centre, Palestinian Centre, Polish Centre, Portuguese Centre, Quebecois Centre, Romanian Centre, Russian Centre, San Miguel de Allende Centre, Scottish Centre, Senegal Centre, Serbian Centre, Sierra Leone Centre, Slovak Centre, Slovene Centre, Somali-Speaking Writers Centre, South African Centre, Suisse Romand Centre, Swedish Centre, Swiss German Centre, Swiss Italian and Reto-Romansh Centre, Taipei Chinese Centre, Tatar Centre, Tibetan Writers Abroad Centre, Trieste Centre, Tunisian Centre, Turkish Centre, Ugandan Centre, Ukrainian Centre, USA Centre, Uyghur Centre, Vietnamese Writers Abroad Centre, Zambian Centre.

 

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