Case VNM 241209.2
Follow-up of case VNM 241209 and VNM 241209.1
Sentencing/ Unfair trial/ Fear for physical and psychological integrity
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Viet Nam.
The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, about the sentencing, on 20 January 2010, of 26-year-old IT engineer and blogger, Mr. Nguyen Tien Trung, 43-year-old Director of One Connection Internet (OCI) and blogger, Mr. Tran Huynh Duy Thuc, and 42-year-old businessman, Mr. Le Than Long, for “carrying out activities aimed at overthrowing the people’s administration” under Article 79 of the Criminal Code[1] by the People’s Supreme Court in Ho Chi Minh City.
According to the information received, Mr. Tran Huynh Duy Thuc was sentenced to 16 years in prison, Mr. Nguyen Tien Trung to seven years and Mr. Le Thang Long to five years. They will also serve three to five years of “probationary detention” after their release. Mr. Nguyen Tien Trung reportedly acknowledged engaging in activities for democratisation and a multiparty political system in Vietnam. Mr. Tran Huynh Duy Thuc and Mr. Le Thang Long reportedly fought the charges, Mr. Le Thang Long saying in addition that the police had coerced him into writing a confession.
The trial, which was expected to last two days but eventually only lasted one day, was carried out under tight security, with more than a dozen police outside the gate and around the courthouse. Neither relatives of the accused nor foreign journalists were allowed into the courtroom. Only a few foreign diplomats and journalists were allowed to watch the trial via closed-circuit television in an adjacent room of the court. In addition, reporters were barred from using recording devices, cameras or mobile phones.
Another member of the group, 60-year-old former army officer and pro-democracy activist, Mr. Tran Anh Kim, was sentenced to five and a half years in prison and three years probationary house arrest under the same charge, on 28 December 2009, by the People’s court in Thai Binh Province (see urgent appeal VNM 241209.1). Mr. Tran Anh Kim was represented by a court-appointed lawyer who reportedly failed to defend him adequately during the court hearing, and he was not given any opportunity to speak in his own defence during the hearing.
According to the information received, Mr. Tran Anh Kim, Mr. Nguyen Tien Trung and Mr. Tran Huynh Duy Thuc were compelled to make a public “confession” in August 2009, following their arrest. It is noteworthy that the “confession” concerned “conducting propaganda” against the State (Article 88 of the Criminal Code), a charge that was subsquentely changed to “attempting to overthrow the State” (Article 79 of the Criminal Code) (see below). OMCT has already expressed its concern that the abovementioned individuals were subjected to torture and other forms of ill-treatment in order to force them to confess. It is known that Mr. Nguyen Tien Trung was held incommunicado for at least three weeks after his arrest in July 2009. OMCT recalls that incommunicado detention facilitates torture and other cruel, inhuman and degrading treatment which is strictly prohibited under international law.
OMCT expresses its deep concern about the violations of the right to a fair trial reported in this case. The aforementioned individuals appear to have been convicted solely on account of their call for political reform in Viet Nam. It seems that the authorities are increasingly using Article 79, which allows for the death penalty, to prosecute political opponents.
OMCT had earlier been informed about the risk of death sentences being imposed on Mr. Nguyen Tien Trung, Mr. Tran Anh Kim, Mr. Tran Huynh Duy Thuc, and Mr. Le Than Long.
According to the information received, all four abovementioned individuals were arrested around the same period[2]. All four were reportedly first charged with “conducting propaganda” against the State, before the authorites modified the charge held against them to “attempting to overthrow the State”. This charge is more serious and allows for the death penalty. It is not known whether any of them has been given unconditional and regular access to a lawyer of his choice or his family since their respective arrest.
They are said to be affiliated to the Democractic Party of Viet Nam[3] and had reportedly publicly criticised either border issues relating to China, including a territorial agreement over the Spratly and Paracel archipelagos in the South China Sea, business deals and/or had called for political reform in Viet Nam.
Please write to the authorities in Viet Nam urging them to:
Please also write to the diplomatic representations of Viet Nam in your respective country.
[2] Mr. Tran Huynh Duy Thuc was arrested on 24 May 2009. Mr. Nguyen Tien Trung and Mr. Tran Anh Kim were arrested on 7 July 2009. The exact date of the arrest of Mr. Le Thang Long is not known.
[3] An exile political group which speaks out for multi-party democracy.
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