Arbitrary detention of labour and land rights defender Ms. Tran Thi Nga

Judicial harassment

Viet Nam

January 24, 2017

The Observatory for the Protection of HumanRights Defenders, a partnership of FIDH and the World Organisation AgainstTorture (OMCT), requests your urgent intervention in the following situation inViet Nam.

Description of the situation:

The Observatory has beeninformed by the Vietnam Committee on Human Rights (VCHR) about the arbitraryarrest and detention of labour and land rights defender Ms. Tran Thi Nga.

According to theinformation received, on January 21, 2017, the police arrested Ms. Tran Thi Ngaat her home in Phu Ly, Ha Nam Province, searched her house, and confiscatedseveral of her personal items. On the same day, Ms. Tran Thi Nga’s partner Mr. Luong Dan Ly, a pro-democracy activistand blogger, was also arrested. He was released the following day.

Ms. Tran Thi Nga wassubsequently charged under Article 88 of the Criminal Code[1](“spreading propaganda against the Socialist Republic of Viet Nam”). On theirwebsite, police said that Ms. Tran Thi Nga used the Internet “to spread somepropaganda videos and writings that are against the Government of the SocialRepublic of Viet Nam”. If convicted, she could face up to 20 years in jail.

Ms. Tran Thi Nga has been the target of frequent assaults by securityagents because of her human rights activities. In 2014, her leg was brokenduring an altercation with the police. In the days prior to her arrest, Ms.Tran Thi Nga complained of increasing police intimidation and harassment,including surveillance of her home and being physically stopped from leavingher house. Police also prevented a neighbour from taking the couple’s two youngsons to the city to buy them food.

The Observatory condemnsthe arbitrary detention of Ms. Tran Thi Nga, as well as the charges againsther, which seem to be aimed at sanctioning her legitimate and peaceful humanrights activities. The Observatory calls on the Vietnamese authorities toimmediately and unconditionally release her and to drop all charges againsther.

Actions requested:

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

i. Immediately and unconditionally release Ms. Tran Thi Nga as her detention isarbitrary since it only seems to merely sanction her human rights activities;

ii.Guarantee inall circumstances her physical and psychological integrity as well as that ofall human rights defenders in Viet Nam;

iii. Put an end to all acts harassment, including atthe judicial level, against Ms. Tran Thi Nga, as well as against all human rights defenders in Viet Nam;

iv. AmendArticle 88 of the Criminal Code, to bring it in conformity with internationalhuman rights standards;

v. Comply with the provisions of the UN Declarationon Human Rights Defenders, adopted by the UNGeneral Assembly on December 9, 1998, in particular its Articles 1 and 12.2;

vi. More generally, ensure in all circumstances respect for human rights andfundamental freedoms in accordance with international and regional human rightsinstruments ratified by Viet Nam.

Addresses:

· Mr. Pham Binh Minh, Minister of Foreign Affairs of Viet Nam; Fax:84-4-38231872 – 84-4-37992682, Email: bc.mfa@mofa.gov.vn

· Mr. Le Vinh Tan, Minister of Home Affairsof Viet Nam, Fax: 84-4-39781005

· Mr. Le Thanh Long, Minister of Justice of Viet Nam, Fax: 84-4-38431431

· Mr. To Lam, Minister of Public Security of Viet Nam, Fax: 84-4-9420223

· Mr. Mai Tien Dung, Minister, Office of the Government (OOG), Viet Nam;Fax: 84-4-80 44130

· Mr. Chi Dung Duong, Ambassador, Permanent Mission of Viet Nam to the United Nations in Geneva, Switzerland; Fax: +41 (0) 22-798 07 24; Email: info@vnmission-ge.gov.vn

· Mr. Vuong Thua Phong,Ambassador, Embassy of of Viet Nam in Brussels, Belgium. Fax: +32 (0)2 374 93 76; Email: vnemb.brussels@skynet.be - unescochau@yahoo.com

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

***

Paris-Geneva, January 24, 2017

Kindly inform us ofany action undertaken quoting the code of this appeal in your reply.

The Observatory forthe Protection of Human Rights Defenders (the Observatory) was created in 1997by FIDH and the World Organisation Against Torture (OMCT). The objective ofthis programme is to intervene to prevent or remedy situations of repressionagainst human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu , the European Union Human Rights Defenders Mechanismimplemented by international civil society.

To contact theObservatory, call the emergency line:

· E-mail: Appeals[at]fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] In July 2002, the United NationsHuman Rights Committee (CCPR) denounced the provisions of Article 88 of theCriminal Code as “incompatible” with international human rights law anddemanded their immediate repeal. See Human Rights Committee, Concluding Observations,UN Doc. CCPR/CO/75/VNM, July 26, 2002, http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.CO.75.VNM.En?Opendocument