Sentencing of the two journalists Mr. Nguyen Van Hai and Mr. Nguyen Viet Chien

October 21, 2008

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your intervention in the following situation in Viet Nam.

Description of the situation:

The Observatory has been informed by reliable sources about the sentencing of two journalists of the State-controlled press, Mr. Nguyen Van Hai of Tuoi Tre (Youth Magazine) and Mr. Nguyen Viet Chien of Thanh Nien (Young People).

According to the information received, on October 15, 2008, Messrs. Nguyen Van Hai and Nguyen Viet Chien were condemned by the Vietnam’s Hanoi People’s Court for “abusing democratic freedoms to infringe upon the interests of the State”, pursuant to Article 258 of the Criminal Code, after they covered a major corruption scandal at Vietnam’s Transport Ministry involving several high-ranking Communist officials[1]. Mr. Nguyen Van Hai was sentenced to two years of prison and Mr. Nguyen Viet Chien was sentenced to a two year re-education term, suspended for time served, after he pleaded guilty. Both had been arrested on May 12, 2008, two months after one of the main accused in the corruption scandal was cleared of all charges and released due to the alleged “lack of evidence”. As of issuing this urgent appeal, no further information could be gathered on Mr. Nguyen Van Hai’s place of detention.

The Observatory expresses its deepest concern with this blatantly unfair decision, which attempts to punish human rights defenders for exercising their right to freedom of expression and aims at silencing them.

Moreover, the Observatory expresses its deepest concern over these worrying acts targeting human rights defenders in Viet Nam, and considers it as clear evidence of the ongoing determination of the Vietnamese authorities to strike down any dissenting voice in the country.

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 Van Hai and Mr. Nguyen Viet Chien;
2. Release Mr. Nguyen Van Hai immediately and unconditionally as his deprivation of liberty is arbitrary since it only seems to sanction his human rights activities;
3. Put an end to all acts of harassment, including at the judicial level, against all Vietnamese human rights defenders;
4. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that “the State shall take all necessary measures 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 other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
5. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Viet Nam.

Addresses:

• President Nguyen Minh Triet, Office of the State, 1 Bach Thao, Hanoi, Socialist Republic of Vietnam, Fax: +84 4 823 1872 (c/o Ministry of Foreign Affairs)
• Nong Duc Manh, General Secretary, Communist Party of Vietnam, Central Committee Headquaters, Nguyen Canh Chan, 1A Hung Vuong, Hanoi, Socialist Republic of Vietnam, Fax: +84 4 845 9205
• PrimeMinister Nguyen Tan Dung, Office of the Prime Minister, Hoang Hoa Tham, Hanoi, Socialist Republic of Vietnam, Fax: + 84 4 823 1872 (c/o Ministry of Foreign Affairs)
• Minister of Foreign Affairs Pham Gia Khiem, Fax: +84 4 823 1872
• Minister of Justice Uong Chu Luu, 56-58-60 Tran Phu, Hanoi, Socialist Republic of Vietnam, Fax: +84 4 843 1431
• Minister of Public Security Le Hong Anh, Ministry of Public Security, 15 Tran Binh Trong Street, Hoan Kiem District, Hanoi, Socialist Republic of Vietnam, Fax: +84 4 825 2733
• Ambassador Mr. Quoc Tru Pham, Deputy Permanent Representative, Permanent Mission of the Socialist Republic of Viet Nam 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
• Embassy of Vietnam in Brussels, 1 bd. General Jacques, 1050 Ixelles, Belgium, Fax: + 32 2 374 93 76.

Please also write to the diplomatic mission or embassy of Vietnam in your respective country.

Geneva - Paris, October 21, 2008

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] See FIDH/VCR press release dated 6 October 2008