Follow-up of case VNM 241209_Sentencing of pro-democracy activist Mr. Tran Anh Kim

Sentencing/ Unfair trial/ Fear for physical and psychological integrity/ Risk of death penalty

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Viet Nam.

New Information

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 28 December 2009, to five and a half years in prison and three years probationary house arrest of a 60-year-old former army officer and pro-democracy activist, Mr. Tran Anh Kim. Mr. Tran Anh Kim was sentenced for “attempting to overthrow the State” by the People’s court in Thai Binh Province.

According to the information received, the court appeared to have accepted the public “confession” that Mr. Tran Anh Kim, along with the other co-accused, namely Mr. Nguyen Tien Trung and Mr. Tran Huynh Duy Thuc (see below), was compelled to make in August 2009, following his 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)[1] (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.

In addition, according to the same information received, Mr. Tran Anh Kim was represented by a court-appointed lawyer who 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.

OMCT expresses its deep concern about the violations of the right to a fair trial in this case. Mr. Tran Anh Kim appears to have been convicted solely on account of his call for political reform in Viet Nam.

As of issuing this urgent appeal, the exact dates of the trial of the other co-accused, namely Mr. Nguyen Tien Trung, Mr. Tran Huynh Duy Thuc and Mr. Le Than Long, remain unknown. They are reportedly due to take place in January 2010.

Brief reminder of the situation

OMCT had earlier been informed about the risk of death sentences being imposed on 26-year-old IT engineer and blogger, Mr. Nguyen Tien Trung, 60-year-old former army officer and pro-democracy activist, Mr. Tran Anh Kim, 43-year-old Director of One Connection Internet (OCI) and blogger, Mr. Tran Huynh Duy Thuc, and 42-year-old 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 they could face the death penalty if convicted. 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.

Action requested

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

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Nguyen Tien Trung, Mr. Tran Anh Kim, Mr. Tran Huynh Duy Thuc and Mr. Le Than Long;
2. Guarantee unconditional access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent medical doctors and receive adequate medical care in accordance with, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Repeal the decision of the People’s court in Thai Binh Province because the trial of Mr. Tran Anh Kim has been marked with grave violations of fair trial guarantees;
4. Order their immediate release in the absence of valid legal charges that are consistent with international legal standards, or, if such charges exist, bring them before an impartial, independent and competent tribunal and guarantee their procedural rights at all times;
5. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against them;
6. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

Addresses

• Prime Minister, Nguyen Tan Dung, Government Office, 1 Hoang Hoa Tham St. Ba Dinh district, Ha Noi, Viet Nam, Fax: + 843 804 41 30, Email: vpvp@chinhphu.vn
• Minister of Foreign Affairs, Pham Gia Khiem, Ministry of Foreign Affairs, 1 Ton That Dam St. Ba Dinh district, Ha Noi, Viet Nam, Fax: + 8443 823 1872, Email: bc.mfa@mofa.gov.vn
• Permanent Mission of the Socialist Republic of Vietnam to the United Nations in Geneva, Chemin des Corbillettes 30, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 798 07 24 / 24 69, Email: mission.vietnam@ties.itu.int / info@vnmission-ge.org

Please also write to the diplomatic representations of Viet Nam in your respective country.

Geneva, 5 January 2010.

[1] As early as 1995, following an in-situ visit to Vietnam, the UN Working Group on Arbitrary Detention called for the abrogation of Article 79 (then Article 73), since it “draws no distinction on the grounds of the use or non-use of violence”, and its wording “is so vague that it could result in penalties being imposed not only on persons using violence for political ends, but also on persons who have merely exercised their legitimate right to freedom of opinion or expression”).

[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.