The World Protests Against Le Quoc Quan Conviction

 

FROM USA

Press Releases

By Newsroom America Feeds at 18 Feb 16:11

Vietnamese Government's Decision To Uphold Le Quoc Quan Conviction

 Media Note

Office of the Spokesperson

Washington, DC

February 18, 2014

 

We are deeply concerned by the Vietnamese Government’s decision to uphold the conviction of human rights lawyer and blogger Le Quoc Quan to 30 months in prison on tax evasion charges. The use of tax laws by Vietnamese authorities to imprison government critics for peacefully expressing their political views is disturbing. This conviction appears to be inconsistent with the right to freedom of expression and Vietnam’s obligations under the International Covenant on Civil and Political Rights and commitments reflected in the Universal Declaration of Human Rights. We call on the government to release prisoners of conscience and allow all Vietnamese to peacefully express their political views.

The Office of Website Management, Bureau of Public Affairs, manages this site as a portal for information from the U.S. State Department. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein.

http://www.state.gov/r/pa/prs/ps/2014/02/221772.htm

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FROM FRANCE 

Official foreign policy statements

Vietnam – Blogger Le Quoc Quan’s prison sentence upheld on appeal (February 18, 2014)

France is concerned by the appeal court decision to uphold the sentence of Vietnamese lawyer and blogger Le Quoc Quan, who was sentenced in first instance on October 2, 2013, by the Hanoi People’s Court to a 30-month prison term for tax evasion.

France reaffirms its attachment to the freedom of expression and opinion, including on the Internet, in accordance with the Universal Declaration of Human Rights. It also reaffirms that these rights and freedoms are guaranteed by the International Covenant on Civil and Political Rights, to which Vietnam is a state party, and calls on the Vietnamese authorities to ensure compliance with it.

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FROM NGOs

 Viet Nam: Arbitrary detention and ongoing judicial harassment of Mr. Le Quoc Quan

New information
VNM 001 / 0113 / OBS 001.1
Arbitrary detention / Sentencing
Viet Nam
February 21, 2014

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Viet Nam.

New information:

The Observatory has been informed by the Vietnam Committee on Human Rights (VCHR) about the arbitrary detention and ongoing judicial harassment of Mr. Le Quoc Quan, a human rights lawyer and blogger.

According to the information received, on February 18, 2014, the Hanoi Court of Appeals upheld the conviction of Mr. Le Quoc Quan to 30 months’ imprisonment on charges of “tax evasion” under Section 161 of the Vietnamese Criminal Code.

The Observatory recalls that Mr. Le Quoc Quan has been detained since December 27, 2013 in the Hoa Lo detention centre No. 1 in Hanoi. In August 2013, the United Nations Working Group on Arbitrary Detention (WGAD) declared his detention to be arbitrary and in breach of international norms of fair trial. In its opinion No. 33/2013 adopted in August 2013, the WGAD found that Mr. Le Quoc Quan’s detention “could be related to his blog articles on civil and political rights. Although the charge against Mr. Quan is one of tax evasion, given Mr. Quan’s history as a human rights defender and blogger, the real purpose of the detention and prosecution might eventually be to punish him for exercising his rights under article 19 of the International Covenant on Civil and Political Rights (ICCPR) and to deter others from doing so”. Consequently, the WGAD requested “the Government to take necessary steps to remedy the situation of Mr Le Quoc Quan, which is immediate release, or ensure that charges are determined by an independent and impartial tribunal in proceedings conducted in strict compliance with the provisions of the ICCPR”.

The Observatory strongly condemns the Court of Appeals’ decision to uphold the conviction of Mr. Le Quoc Quan, as it merely aims at sanctioning his legitimate human rights activities.

The Observatory urges the Vietnamese authorities to implement the WGAD’s Opinion and release Mr. Le Quoc Quan immediately and unconditionally.

Background information:

Vietnamese authorities have repeatedly harassed Mr. Le Quoc Quan since 2007 because of his human rights activities.

On October 3, 2012, some 50 security police and plain-clothed militia forcibly entered into the head office of Mr. Le Quoc Quan’s firm in Hanoi and its branch office in Ho Chi Min City. The firm belonged to Mr. Le Quoc Quan and his two brothers Messrs. Le Dinh Quan and Le Quoc Quyet. Police seized files and documents belonging to the firm, assaulted the staff, and detained Messrs. Le Quoc Quan and Le Quoc Quyet for interrogation. On October 30, they returned and arrested Mr. Le Dinh Quan, also for alleged tax evasion. Mr. Le Dinh Quan remains detained to date.

On December 27, 2012, police in Hanoi arrested Mr. Le Quoc Quan while he was dropping off his daughter at school. The police also searched his office and his home and confiscated various documents. They apparently read out a warrant, but did not give it to Mr. Le Quoc Quan’s family. Mr. Le Quoc Quan was held incommunicado for the first two months of his detention.

On October 2, 2013, a Court in Hanoi sentenced Mr. Le Quoc Quan to 30 months in prison and to a fine of 1.3 billion VND (approximately 45,090 EUR) on charges of tax evasion under Section 161 of the Criminal Code.

Actions requested:

Please write to the authorities in Viet Nam urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Le Quoc Quan, as well as of all human rights defenders in Viet Nam;

ii. Release Mr. Le Quoc Quan immediately and unconditionally as his detention merely sanctions his human rights activities and is contrary to national and international law;

iii. Put an end to all acts harassment, including at the judicial level, against Mr. Le Quoc Quan and all human rights defenders in Viet Nam;

iv. Comply with the provisions of the UN Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, in particular:
- its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”,
- as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

v. More generally, ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Viet Nam.

Addresses:

• H.E. Mr. Pham Binh Minh, Minister of Foreign Affairs, 1 Ton That Dam St., Ba Dinh District, Hanoi, Viet Nam; Fax: +84-4-38231872 / +84 4 379 92 682, Email: bc.mfa@mofa.gov.vn
• H.E. Mr. Nguyen Thai Binh, Minister of Interior, 37A Nguyen Binh Khiem St., Hai Ba Trung District, Hanoi, Viet Nam; Fax: +84-4-39781005
• H.E. Mr. Ha Hung Cuong, Minister of Justice, 56-60 Tran Phu St., Ba Dinh District, Hanoi, Viet Nam; Fax: +84-4-38431431
• H.E. Mr. Tran Dai Quang, Minister of Public Security, 44 Yet Kieu St., Hoan Kiem District, Hanoi, Viet Nam; Fax: +84-4-9420223
• H.E. Mr. Vu Duc Dam, Minister, Office of the Government (OOG), 1 Hoang Hoa Tham St. Ba Dinh District, Hanoi, Viet Nam; Fax: 84-4-80 44130
• H.E. Mr. Nguyen Trung Thanh, Ambassador, Permanent Representation of Viet Nam to the United Nations in Geneva, 30 chemin des Corbillettes, 1218 Grand-Saconnex, Geneva, Switzerland; Fax: +41 22-798 07 24; Email: info@vnmission-ge.gov.vn
• HE Mr. PHAM Sanh Chau, Ambassador, Embassy of Viet Nam in Belgium, Boulevard Général Jacques 1, 1050 Brussels, Belgium. Fax: +32 2 374 93 76; Email: vnemb.brussels@skynet.be / unescochau@yahoo.com

Please also write to the embassies of Viet Nam in your respective country.

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MLDI condemns Le Quoc Quan ruling, explores appeal options

A coalition of 14 human rights NGOs and networks strongly condemns this week’s decision by an appeal court upholding a 30-month prison sentence for Vietnamese human rights lawyer and blogger Le Quoc Quan. Mr. Quan has been detained since December 2012.

The coaliton believes Mr. Quan’s detention is politically motivated and a reaction to his blog, where he frequently exposes human rights violations by the Vietnamese government. Mr. Quan is a victim of a coordinated government crackdown on bloggers, citizen journalists and pro-democracy activists.

The coalition includes the Media Legal Defence Initiative, ARTICLE 19, Reporters Without Borders, Freedom House, Avocats-sans-Frontières, Lawyers for Lawyers, Lawyer’s Rights Watch Canada, English PEN, PEN American Center, the National Endowment for Democracy, PEN International, Media Defence Southeast Asia, Front Line Defenders, and the World Movement for Democracy

The Vietnamese authorities arrested and convicted Mr. Quan for exposing human rights abuses, the wrong-doing that the country’s state-controlled media ignore,” states Robert Herman, head of regional programs for Freedom House.

On 18 February, an appeal court upheld the 2 October 2013 conviction of Mr. Quan for trumped up charges of tax evasion and his sentence of 30 months in prison and a fine of 59,000 USD. This Appeal decision comes just months after Vietnam joined the United Nations Human Rights Council  (UN HRC) in November 2013.

“Vietnam’s continued persecution of its human rights defenders raises troubling questions about its membership on the UN HRC,” says Thomas Hughes, Executive Director of ARTICLE 19. “Being a member of the international human rights community imposes obligations to respect and protect human rights. Vietnam will be judged on how it treats its people. Mr. Quan’s case clearly demonstrates the Vietnamese authorities are currently failing to ensure protection for fundamental rights, including freedom of expression”.

The Appeal judgment also follows the United Nations Working Group on Arbitrary Detention’s (UN WGAD) condemnation of Mr. Quan’s detention.

"Viet Nam's decision to uphold the unjust conviction of Mr Quan is a clear violation of Viet Nam's obligations under international law,” says Nani Jansen, Senior legal Counsel of the Media Legal Defence Initiative. “By disregarding the clear findings of the UN WGAD that his imprisonment was in violation of his right to free expression and right to a fair trial, and turning a deaf ear to their call for his immediate release, Viet Nam has failed to live up to its international obligation to 'uphold the highest standards in the promotion and protection of human rights'."

In an Opinion published on 29 November 2013, the WGAD rejected the legitimacy of the conviction and the legality of the detention. The Opinion concluded that Viet Nam had failed to observe fair trial standards and that the breaches were of such gravity as to render Mr. Quan’s detention arbitrary and contrary to law.

Governments must ensure that lawyers are able to perform their professional functions without intimidation or improper interference. The Government of Viet Nam is doing the exact opposite. Le Quoc Quan must be released from prison immediately,” says Adrie van de Streek, Director of Lawyers for Lawyers.

All four of Mr. Quan’s lawyers, his wife and mother were present during the four-hour trial on Monday 18 February, as hundreds of demonstrators stood outside the court, wearing t-shirts to show support for the jailed activist. A delegation of representatives from the European Union, the United States and Canada were also present to observe the trial, together with a small group of journalists. It has been reported that many of those observing the trial were kept in a separate room in poor conditions.

The ongoing support Le Quoc Quan has received from his family, friends and the international community remains hugely important. In a recent letter to supporters, Quan wrote how he was ‘deeply moved to know that many of you still care, follow and support my case’,” says Cat Lucas, Writers at Risk Programme Manager of English PEN.

Viet Nam’s human rights record was reviewed at the United Nations on 5 February 2014, during the Universal Periodic Review. Many states, including the United Kingdom, the Netherlands, Ireland, and Australia called for Viet Nam to cease its crackdown on free speech on and off-line. However, less than a week later, eight bloggers and activists were beaten by plainclothes police officers and arrested in the southern province of Dong Thap.

Le Quoc Quan is nothing short of a Vietnamese patriot, a man most concerned about improving the lives of his fellow citizens, a person who cares deeply for his country and who is optimistic about its future. We salute his courage and urge the Government of Viet Nam to respect his fundamental right to freedom of expression and association," says Carl Gershman, President of the National Endowment for Democracy.

The coalition calls for the Vietnamese government to release Le Quoc Quan, as well as the many human rights defenders, bloggers and activists currently detained for exercising their right to freedom of expression.

 

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