December 9, 2010
The International Bar Association’s Human Rights Institute (IBAHRI) condemns the continued practice of arresting and convicting human rights activists, dissidents, and lawyers under provisions of the Penal Code of Vietnam. Articles 79 and 88 of the Code have been used to imprison dozens of political dissidents and the lawyers who have defended them, amounting to a violation of the right to freedom of expression and the right to not be arbitrarily detained.
The provisions in question concern carrying out activities purporting to overthrow the government and disseminating anti-government propaganda, and carry sentences of between three and 20 years’ imprisonment. The IBAHRI is seriously concerned that the Vietnamese authorities use the provisions of its penal code to suppress political speech and free expression.
Those targeted in the past five years have included Le Thi Cong Nhan, who advocated for workers’ rights, and was sentenced under Article 88 to three years in prison for misinterpreting the state’s policies regarding labour unions and workers in Vietnam, conducting human rights seminars, and possessing and distributing documents promoting human rights and democracy.
Recent arrests have included Le Cong Dinh, former Vice-President of the Ho Chi Minh City Bar Association, who was sentenced to five years imprisonment under Article 79 in January this year. Legal activist Cu Huy Ha Vu was charged with conducting anti-government propaganda on 5 November, after he filed a series of law suits against the Prime Minister for signing a decision forbidding citizens from filing class action petitions and complaints against the government.
IBAHRI Co-Chair Martin Šolc has expressed his condemnation of the arrests, stating that ‘The use of provisions of the Vietnamese Penal Code to suppress the freedom of expression and to interfere in the work of lawyers is contrary to Vietnam’s responsibilities at international law. The suppression of peaceful dissent is unacceptable in any democratic system, and the freedom of lawyers to carry out their profession without interference is a fundamental aspect of the protection of human rights.’
IBAHRI urges Vietnam’s authorities to release the current prisoners and to discontinue its persecution of activists, dissidents and lawyers, and calls on other members of civil society to do the same.
ENDS
For further information please contact:
Romana St. Matthew – Daniel
International Bar Association
Press Office
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Direct Line: +44 (0)20 7691 6837 Main Office: +44 (0)20 7691 6868
Mobile: +44 (0)7940 731915
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E-mail: romana.daniel@int-bar.org
Website: www.ibanet.org
http://www.ibanet.org/Article/Detail.aspx?ArticleUid=9DC483FA-2193-4795-9DAE-F30ED39F6EF2
