Tran Duc Thach

Current Status: Sentenced to prison

Other Names: Trần Đức Thạch

Date of Birth: 1952

Gender: M

Ethnicity: Kinh

Occupation: Veteran, Author

Last Known Prison: Nghe An province police detention center, Nghe An province

Areas of Activism:

Anti-corruption
Democracy
Human rights

Known Affiliations:

Brotherhood for Democracy

Highlighted Human Rights Concerns:

Former Political Prisoner
Denial of Legal Representation
Denial of Family Visit/Punitive Prison Transfer

Immediate Concerns

December 2020:

Poet Tran Duc Thach, 69, was sentenced to 12 years in prison with three years of probation for “activities aimed at overthrowing the government.” The trial lasted less than three hours, and his wife and son were allowed in the courtroom. Thach was a member of the Brotherhood for Democracy, many of whose members have also been imprisoned. Ha Huy Son, his lawyer, argued that he was not allowed to review materials related to his client, that the prosecution violated trial procedures and failed to produce any incriminating evidence or witnesses, and that some of the charges actually predate Article 109 of the 2015 Criminal Code and therefore should be thrown out.

Details - Background, History of Activism.

Background

Tran Duc Thach, born in 1952, is a former political prisoner and a member of the Brotherhood for Democracy, as well as a veteran of the Vietnam War and a former member of the People’s Army of Vietnam.

History of Activism

Thach was a witness to war crimes committed by the People’s Army of Vietnam during the Vietnam War (especially the Tan Lap massacre, in Dong Nai). He has written about the event and was sentenced to three years in prison for the disclosure of the information and his other activism. Thach was arrested in 2008 on charges of “conducting propaganda against the state.” He was released from prison on August 30, 2011 and served another three years of house arrest.

Resources

Facebook Nguyen Kim Thanh, April 22, 2020

Vietnamese Police Arrest Dissident Writer for Connection With Democracy Group, Radio Free Asia, April 24, 2020

Vietnam Free Expression Newsletter No. 17/2020 – Week of April 20-26, The 88 Project, April 27, 2020

Tạm giam Trần Đức Thạch - kẻ có hành vi chống đối chính quyền, Báo Mới, April 29, 2020

Thêm tù nhân trong tù được nhận giải thưởng nhân quyền, Radio Free Asia Vietnamese, September 30, 2020

Trial against Democracy Campaigner Tran Duc Thach Suspended Due to His Poor Health, New Date for Hearing Has not Been Re-scheduled, Defend the Defenders, December 2, 2020

Arrested April 23, 2020. Sentenced to 12 years in prison under Art. 109 (2015 Code). Expected Release is April 23, 2032.

Arrest April 23, 2020

Charges

Art. 109 (2015 Code)

Authority of Arrest Nghe An province public security, Nghe An province

Location Dien Hai Ward, Dien Chau District, Nghe An Province (map)

Trial December 15, 2020

Court of First Instance The People's Court of Nghe An province, Nghe An province

Defense Counsels Ha Huy Son

Sentence 12 years in prison

Expected Release April 23, 2032

Actual Release

Rights Violated

freedom from arbitrary arrest or detention
liberty and security of the person
freedom of expression

Actions Taken By

Human Rights Foundation
Human Rights Watch

Details of Imprisonment

According to Tran Duc Thach’s wife, at around 9 am on April 23, 2020, Nghe An provincial police went to Thach’s house with an arrest warrant. His wife reported that police had been harassing Thach for quite some time, and the police who arrested him were plainclothes officers. After they searched his house, they took him away around noon. They also confiscated many personal computers and belongings. He was charged with subversion under Article 109 of the 2015 Criminal Code. He will be held in pre-trial detention in the prison of Nghe An Police’s Department for four months.

July 2020:

Tran Duc Thach's wife, Chuong Nguyen, was allowed to see her husband on July 9, three months after his detention. She said that Thach was looking skinnier than before. They gave each other a big hug. After they talked for a while, the two were taken to separate rooms. They started to interrogate Chuong about her husband's activities. They asked her about his Facebook and if Thach belonged to any groups, but Chuong told them she was busy selling vegetables and didn't know anything about Thach's work. After the investigation, they asked about her and her family. She was surprised that they treated her well during the interrogation.

November 2020:

More than six months after his arrest, writer Tran Duc Thach was finally allowed to meet with his lawyer, even though his investigation period had previously ended. His lawyer, Ha Huy Son, was barred from copying the indictment against Thach. Thach is suffering from high blood pressure, ulcerative colitis, and gout while in prison.

Update, December:

The first-instance trial for Tran Duc Thach, scheduled for November 30, was canceled without warning. His family arrived at the courthouse on the day of the trial and were told he was unfit to stand trial. His wife was allowed to see her husband the next day, and he told her he had been hospitalized for a week for high blood pressure.

The first-instance trial was rescheduled for December 15.

Actions Taken

“Vietnam is using the COVID-19 pandemic as a cover to round up human rights activists,” Joy Park, HRF’s legal counsel for Asia, said of Thach’s arrest. “It’s outrageous. Last week, several other activists [in Laos and VIetnam] were arrested for posting coronavirus-related information on Facebook.”

September 2020:

After five years without any recipient, the Paris-based ‘Nguyen Chi Thien POC Award’ has been given to poet Tran Duc Thach. Thach’s wife says she has not been able to see her husband since July and is very concerned about his health even though his spirit remains strong.

December 2020:

Human Rights Watch put out a statement on Tran Duc Thach before trial. The article gives a thorough look at his background as a PLA soldier and member of the Brotherhood for Democracy. Days after this HRW article was published, Thach was given a 12-year sentence.

Supporting Documents