Hanoi, July 14, 2012
Nguyen Van Dai, Esq.
International human rights organizations and the governments of several countries are concerned about Vietnam’s harassment and arrest of 3 bloggers associated with the Free Journalists Club, Nguyen Van Hai, Phan Thanh Hai and Ta Phong Tan.
Blogger Phan Thanh Hai was arrested the night of October 18 2010. On October 19, 2010, blogger Nguyen Van Hai was not released despite having served out his 30-month sentence. On October 20, the security police searched the house of his ex-wife and told her that the government had resumed its prosecution of Hai and had arrested him for “propaganda against the State” (under Article 88 of the Criminal Code). The government arrested Blogger Ta Phong Tan on September 5, 2011. According to the Inspectorate Office of Ho Chi Minh City, the bloggers were charged with using the Free Journalists Club website and their blogs to “post articles and disseminate information for the purpose of smearing and damaging Vietnam’s government”.
Vietnam’s law enforcement agencies and judicial system violated Article 69 of Vietnam’s 1992 Constitution and Article 4 of Vietnam’s 1999 press law.
Article 69 of Vietnam’s 1992 Constitution established the freedom of expression, including freedom of the press. Article 4 of the press law established the right to express opinions about the country and the world; to offer ideas, criticize, petition, ask for reconsideration, and use the media to complain about activities of the Party’s organs, government agencies, and social organizations, and members of these entities.
The three bloggers’ articles and answers to questions from readers on their individual blogs and the Free Journalists Club website are generally directed towards corruption in Vietnam and the government’s violation of civil rights. Some of the material reveals the bloggers’ patriotism in the face of China’s aggression in the South China Sea. The bloggers have been in compliance with Vietnam’s Constitution and press law.
Vietnam’s law enforcement agencies and judicial system violated Article 19 of the International Covenant on Civil and Political Rights.
Article 19 stipulates that: “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
Vietnam is a signatory to the covenant as of 1982. Therefore the covenant legally applies to Vietnam. All Vietnamese should be able to enjoy the rights enunciated in the covenant. It is evident that the 3 bloggers exercised their rights as defined by the 1992 Constitution, the 1989 press law, and the International Covenant on Civil and Political Rights. Prosecution documents issued by Ho Chi Minh City’s Inspectorate show that Nguyen Van Hai and Ta Phong Tan denied that they intended to oppose the government through their blogs. They merely exercised their rights as citizens.
Vietnam’s law enforcement agencies and judicial system violated Vietnam’s code of laws governing criminal prosecution.
Nguyen Van Hai and Phan Thanh Hai have been detained for almost 21 months as of July 14, 2012. Article 120 of the code on criminal prosecution specifies 4 months as the maximum pre-trial detention period for those indicted with particularly serious crimes. If continued detention is necessary during an investigation, a maximum of 3 extensions is authorized, with each extension limited to 4 months or less. If a suspect is charged with crimes against national security, the Director of the Supreme Inspectorate of the People may grant an additional extension of temporary detention, not to exceed 4 months.” In all, the code allows a maximum of 20 months of pre-trial detention.
Section 6 of Article 120 specifies: “When the detention period has reached the maximum allowed by law, the authorities that ordered the detention must free the detainee or, if necessary, use another approach to control the situation.”
Considering the above, Nguyen Van Hai and Phan Thanh Hai should have been released on June 19, 2012.
Vietnam’s law enforcement agencies and judicial system violated Section 3 of Article 9 of the International Covenant on Civil and Political Rights.
Section 3 of Article 9 specifies: “Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.”
Based on this, Vietnamese authorities violated not just Vietnamese laws, but also the International Covenant on Civil and Political Rights.
Vietnam’s law enforcement agencies and judicial system violated U.S. laws.
The 3 individuals’ blogs and the Free Journalists Club’s website are registered in the U.S. Therefore their contents comply with U.S. laws. Vietnam’s government has no jurisdiction over this. Its prosecution of Vietnamese citizens whose ideas are legally authorized in the U.S. is tantamount to violating U.S. laws.
We urge the governments of other nations and international human rights organizations to demand the immediately release of Bloggers Nguyen Van Hai, Phan Thanh Hai and Ta Phong Tan.
