May 27, 2011
Seven human rights defenders are to face trial on 30 May 2011 at the People’s Court of Ben Tre, in Vietnam, on charges of coercion. They are land rights activists and religious freedom advocates who oppose the confiscation of land by the authorities, Pastor Duong Kim Khai, Ms Tran Thi Thuy, Mr Nguyen Thanh Tam, Mr Pham Van Thong, MrNguyen Chi Thanh, Ms Pham Ngoc Hoa and Mr Cao Van Tinh. Pastor Duong Kim Khai, Tran Thi Thuy and Nguyen Thanh Tam are members of Viet Tan, an organisation which advocates for a democratic Vietnam through peaceful activities. All seven have been held incommunicado since their arrests last summer.
The human rights defenders were arrested in July and August 2010 and have not been allowed access to their families despite numerous requests since their detention. Nguyen Chi Thanh and Pham Ngoc Hoa are still being denied access to their lawyers despite the fact that the trial is to be held in a few days. Furthermore the defence lawyers for all seven human rights defenders are being denied copies of basic documents relating to the case. This is in direct violation of Article 166 of the Criminal Procedure Code of the Socialist Republic of Vietnam, which provides that the prosecution must notify the accused and defence counsels within three days of the decision to prosecute the case and hand over the indictments. It further states that defence counsels may read the indictments, take notes and copy documents from the case files.
The aforementioned human rights defenders are charged with “attempting to overthrow the socialist government” under Article 79 of the Vietnamese Penal Code based on their affiliation with Viet Tan. The maximum penalty under this article is the death penalty. In another case involving Article 79, four members of the Democratic Party in Vietnam were sentenced to long-term prison sentences in December 2009 and January 2010.
The central figure in the case is Pastor Duong Kim Khai, a long-term advocate for aggrieved farmers and a pro-democracy and religious activist. The arrest of Pastor Duong Kim Khai, Tran Thi Thuy and Nguyen Thanh Tam featured in a Front Line update in September 2010. An urgent appeal was also issued on 30 October 2009 relating to the arrest and detention of Tran Thi Thuy.
The prosecution of these human rights defenders is part of an ongoing crackdown by the authorities in Vietnam against land rights activists in the Mekong Delta. It is reported that scores of people were detained and interrogated by the police in the summer of 2010, most of whom had land confiscated by the authorities and had subsequently petitioned the authorities for compensation. A large number of the population have been dispossessed of their property over the years and in the majority of cases the farmers affected have not been compensated. Demonstrations have been organised in protest. In June and July 2007 up to 2,000 people from 19 provinces staged a sit-in outside the Government and Communist Party offices where they remained for 27 days before it was eventually broken up by the police.
Front Line believes that the arrest and detention of, and charges brought against, Pastor Duong Kim Khai, Tran Thi Thuy, Nguyen Thanh Tam, Pham Van Thong, Nguyen Chi Thanh, Pham Ngoc Hoa and Cao Van Tinh are directly related to their work in defence of human rights and in particular their work in opposing the confiscation of land by the authorities in Vietnam. Front Line is seriously concerned for the physical and psychological integrity of the seven human rights defenders.
Front Line urges the authorities in Vietnam to:
- Immediately and unconditionally release Pastor Duong Kim Khai, Tran Thi Thuy, Nguyen Thanh Tam, Pham Van Thong, Nguyen Chi Thanh, Pham Ngoc Hoa and Cao Van Tinh as Front Line believes that they are being held solely as a result of their legitimate and peaceful work in defence of human rights;
- Drop all charges brought against the aforementioned human rights defenders, and
- Immediately allow Nguyen Chi Thanh and Pham Ngoc Hoa access to their lawyers;
- Ensure that all defence lawyers are allowed access to documents concerning the case;
- Take all necessary measures to guarantee the physical and psychological integrity of the aforementioned human rights defenders in detention;
- Guarantee in all circumstances that all human rights defenders in Vietnam are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
Source: Front Line Defenders
