Vietnam Free Expression Newsletter No. 37/2020 – Week of September 14-20

Defendants at trial, Source: Reuters

On September 7, 29 defendants from Dong Tam faced trial in Hanoi on charges of murder and resisting officials resulting from a violent, early-morning police raid in Dong Tam Commune in January 2020. The raid left a local land rights leader, Le Dinh Kinh, and three police officers dead. On September 14, after a trial that was cut short and was also riddled with procedural irregularities, two defendants– both sons of Kinh– were sentenced to death and one person to life in prison. Others received sentences ranging from suspended sentences to 16 years in prison. Several defendants alleged that they were tortured while awaiting trial.

On the fourth day, after the prosecution wrapped up, defense lawyers did not get a chance to cross examine and argue their case against the Procuracy as allowed by the law. Their request to see records of the disputed land claims and how Kinh died was refused; so was the request to review “Plan 419A”, the pre-approved plan of attack against Dong Tam, because it was deemed a “national top secret.” Subpoenas for key government witnesses were also denied. The lawyer for the three police officers killed argued “it is not necessary” to try to reconstruct the events that led to his clients’ deaths by burning, even though this was the key event that caused several defendants to be charged with murder. After the trial, lawyers for the defendants were harassed, and supporters were subjected to attacks by pro-government online users. Lawyers for the defendants have until September 30 to appeal. Read our full analysis of the trial and sentencing, here. 

A Dao and Nguyen Bac Truyen 

Commissioner James Carr of the US Commission on Religious Freedom (USCIRF) reported that Pastor A Dao of the Montagnard Evangelical Church of Christ has been released early after serving four years of his five-year pirson sentence. He was arrested in August 2016, after returning from a conference on religious freedom in East Timor. Commissioner Carr stated, “I hope this release is a sign that the Vietnamese government is serious about improving religious freedom conditions and will release other individuals detained for their religious freedom advocacy, including Nguyen Bac Truyen.” Truyen, a business professional, is a human rights and religious freedom activist serving 11 years in prison.

Huynh Dang Diep was released from detention over the weekend of September 5-6. He had been detained for three months while he was under investigation. It is unclear if there are charges against him. Authorities in Kien Giang Province arrested six family members for their participation in a land dispute in a Khmer Krom community in May– they were all later released, except Diep. The Khmer Krom, an ethnic minority group, has long faced harassment and discrimination from the state. The 88 Project has confirmed the release directly with people who know the situation.

Le Van Hai was arrested in Binh Duong Province for his online posts. He was charged under Article 331 of the 2015 Criminal Code for “abusing democratic freedoms.” Hai had posted his opinions online about a land dispute involving his family’s land after his attempts to send complaints about the matter went unanswered. According to Radio Free Asia, “Le had also sent many complaints to Binh Dinh authorities asking for compensation payments because his family’s house and land had been confiscated to build a wastewater treatment plant in Qui Nhon.”

Authorities transferred political prisoner Nguyen Duc Quoc Vuong from Trai Mat prison, Lam Dong Province, to An Phuoc detention center in Binh Duong Province, more than 300 km from his family’s home. The family didn’t learn about the transfer until three days after it happened. A protester and popular Facebooker, Vuong was tried on July 7, 2020, and sentenced to eight years in prison under Article 117 of the 2015 Criminal Code for “propaganda against the state.”

After Vuong’s family found out that he had been transferred, his brother decided to visit him. He completed all of the registration procedures and waited until the afternoon until he was allowed to see Vuong. It had been almost a year since the brothers had been able to see each other, following Vuong’s arrest. The meeting lasted for 30 minutes under close supervision. His brother reported that Vuong is healthy, mentally sharp, and strong. After being in prison for almost a year, Vuong hadn’t been allowed to contact his family. He was told that everyone had abandoned him. His brother told him that was a lie. Vuong was happy to hear that and asked his brother to thank everyone.

This week, we remember the arrest and trial anniversaries of the following political prisoners:

• Deceased activist and retired teacher, Dao Quang Thuc, who was sentenced to 13 years in prison on September 19, 2018, and died unexpectedly in prison in late 2019
• Montagnard Christians Dinh Nong, Ksor Kam, Puih Bop, and Ro Lan Kly, all tried in September 2016 and sentenced to between eight-nine years in prison each

• Citizen journalist Do Cong Duong, tried on September 17, 2018 (one of two trials), and sentenced to a combined eight years in prison

• Facebooker Nguyen Van Cong Em, tried on September 17, 2019, and sentenced to five years in prison

• Catholic social activist Nguyen Van Oai, tried on September 18, 2017, and sentenced to five years in prison

• Driver and BOT protester Tran Dinh Sang, tried September 18, 2019, and sentenced to two years in prison

Prominent intellectual and activist Dr Nguyen Quang A was detained on his way to the residence of US Ambassador Daniel Kritenbrink for an afternoon coffee at the invitation of the ambassador. Hanoi police held him against his will and did not allow him to make any phone calls. He was released after a few hours of questioning about his Facebook posts, especially those in relation to Dong Tam.

International Advocacy 

The EU External Action Service has issued a statement expressing its serious concerns regarding “the conditions and proceedings of the trial” against the Dong Tam defendants. It urged Vietnam to put a moratorium on the use of the death penalty “as a first step towards abolition… The EU and its Member States strongly advocate for the rule of law and for the full right to a fair trial, as stipulated in Article 14 of the International Covenant on Civil and Political Rights, to which Vietnam is a signatory party.”

Phil Robertson, deputy Asia director of Human Rights Watch, said of the trial: “ Vietnam’s rulers are bending over backwards to show their toughest possible face against the Dong Tam villagers because they worry this community’s defiance could be contagious unless the defendants are hit with the most severe penalties. With the ruling communist party’s national congress just a few months away, there was never a possibility of anything but a rushed trial through a controlled court that would throw the book at these defendants.” Read also a statement from Vietnam Human Rights Network and Defend and Defenders about the trial.

The UN has issued its 2020 report on intimidation and reprisal against individuals who report human rights abuses. The report mentions the cases of Dr. Nguyen Tien Dung, who was not allowed to travel Geneva to attend the UPR session on Vietnam; six Cao Dai Buddhists who were prevented from traveling to Thailand to attend the SEAFORB convention on religious beliefs, as well as four Catholics who were harassed as they came back from that convention;  two female activists working on human rights issues; and particularly political prisoner Nguyen Bac Truyen, a Hoa Hao Buddhist who is serving an 11-year sentence.

The Human Rights Council’s 45th session for ISHR (International Services for Human Rights) is taking place in Geneva from September 14 to  October 6. The Council will consider issues including reprisals, arbitrary detention, and enforced disappearances, among others.

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