Arbitrary internment of Le Anh Hung in “Social Support Centre No 2” Ung Hoa

Attn: President Truong Tan Sang, Prime MinisterNguyen Tan Dung and Communist Party Secretary-General Nguyen Phu Trong

January30, 2013

Re:Arbitrary internment of Le Anh Hung in “Social Support Centre No 2” Ung Hoa,Hanoi, January 24, 2013

YourExcellencies,

The Observatoryfor the Protection of Human Rights Defenders, a joint programme of theInternational Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), together with the Vietnam Committee on Human Rights(VCHR), wish to draw your attention to the internment of blogger Le Anh Hung,engaged in the promotion of freedom of expression, good governance anddemocratic reforms.

Mr. Le Anh Hung was kidnapped at his workplace in Hung Yen on January 24, 2013 by six secret security agents. Theyfailed to provide any document and pretexted to his boss that they needed tosee him about “matters concerningtemporary residence papers”, before forcing him into their car. Later, hisfriends discovered that he had been interned in “Social Support Centre No. 2”in Ung Hoa, Hanoi, a mental health institution. They were told that his motherhad requested Le Anh Hung’s internment, and were denied the right to visit him.It later turned out that his mother had never made a request for hisinternment.

This is not the first time that policehave harassed Le Anh Hung, who has been subjected to repeated interrogations,threats and other acts of harassment to sanction his human rights activities.

Our organisations fear that Le Anh Hung isdetained under Ordinance 44 of 2002 on “Handling of Administrative Violations”.The ordinance provides that people who “commitacts of violating legislation on security, public order and safety, but not tothe extent of penal liability” (Article 1.3) may be detained without trialfor up to two years under house arrest (“probationary detention”), in“reformatories”, educational institutions, rehabilitation centres or “medicaltreatment establishments” (i.e. psychiatric hospitals). The United Nations hasrepeatedly called on Vietnam to abrogate Ordinance 44 on the grounds that it isinconsistent with the provisions of the UN International Covenant on Civil andPolitical Rights to which Vietnam is a state party. However, Vietnam hasignored these recommendations, and continues to implement it to detain peacefulactivists. Blogger Bui Thi Minh Hang was detained for five months in an“education centre” in Thanh Hoa in 2011 under extremely harsh conditions.Pro-democracy activist Nguyen Trung Linh is interned in the CentralPsychiatric Hospital in Hanoi.

Our organisations deplore that thisinternment takes place in the context of a crackdown targeting Internetactivists since 2008, including arbitrary arrests and detentions, despite thefact that in June 2012, the UN Human Rights Council adopted a resolutionaffirming that the right to freedom of expression on-line must be protected,and called on States to “promote andfacilitate access to the Internet”.

Therefore,the Observatory and VCHR respectfully ask your Excellencies to:

· Guarantee in all circumstances the physical and psychological integrityof Le Anh Hung as well as all human rights defenders in Vietnam;

· Release Le Anh Hung immediately and unconditionally as his internmentseems to merely sanction his human rights activities and is contrary tonational and international law as well as all other human rights defenders;

· Put an end to all acts harassment against Le Anh Hung as well as againstall human rights defenders in Viet Nam;

· Comply with the provisions of the UN Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998, inparticular:

- itsArticle 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”,

- as wellas Article 12.2, which provides that “the State shall take all necessarymeasures 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 otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

· More generally, ensure in all circumstances the respect for human rightsand fundamental freedoms in accordance with international and regional humanrights instruments ratified by Viet Nam.

We thank you inadvance for your attention on this situation of concern.

Sincerelyyours,

SouhayrBelhassen

President

InternationalFederation for Human Rights (FIDH)

Gerald Staberock

Secretary-General

WorldOrganisation Against Torture (OMCT)

Vo Van Ai

President

VietnamCommittee on Human Rights (VCHR)