Geneva, Switzerland, January
Ladies and gentlemen, representatives
of the United Nations Commission on Human Rights and representatives of the United Nations Working group on Arbitrary detention
· Ladies and gentlemen, representatives of the 67 country members of the United Nations Commission on Human Rights
Subject: QUESTION about the Socialist Republic Vietnam, a member of the United Nations Commission on Human Rights
We would like to interrogate the representative of the Socialist Republic Vietnam, a member of the United Nations Commission on Human Rights concerning ‘’Human Rights in Vietnam’’.
I. - The European Parliament resolution of 26 November 2009 on the situation in Laos
14. Urges the Vietnamese Authority to release immediately and unconditionally all human rights
defenders, political prisoners and prisoners of conscience, as their detention is a violation of human rights; also requests the authorities to guarantee their physical and psychological wellbeing in all circumstances and to offer those who need it access
to good independent professional medical care;
II.- The Opinions adopted by the Working Group on Arbitrary Detention at its sixty-fourth session, 27–31 August2012
No. 27/2012 (Viet Nam) :
42. In the light of the foregoing, the Working Group renders the following opinion: The deprivation of liberty of Le
Cong Dinh, Tran Huynh Duy Thuc, Nguyen Tien Trung, and Le Thang Long is arbitrary and in contravention of articles 9, 19 and 21 of the International Covenant on Civil and Political Rights, to which Viet Nam is a party. The detention falls within
category II of the arbitrary detention categories referred to by the Working Group when considering the cases submitted to it.
43. Consequent upon the opinion rendered, the Working Group requests the Government of Viet Nam to
take the necessary steps to remedy the situation of Le Cong Dinh, Tran Huynh Duy Thuc, Nguyen Tien Trung,
and Le Thang Long and to bring it into conformity with the standards and principles set forth in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
44. The Working Group holds that the adequate remedy is to release Le Cong Dinh, Tran Huynh Duy Thuc, Nguyen Tien Trung and Le Thang Long and to accord them compensation in accordance
with article 9, paragrap h 5, of the International Covenant on Civil and Political Rights.
III.- The Opinions adopted by the Working
Group on Arbitrary Detention at its sixty-fifth session, 14–23 November 2012 No. 42/2012 (Viet Nam) :
In the light
of the preceding, the Working Group on Arbitrary Detention renders the following opinion:
The deprivation of liberty of Mr. Nguyen Hoang Quoc Hung, Ms. Do Thi Minh Hanh and Mr. Doan Huy Chuong is
arbitrary, being in contravention of articles 9, 10, 20 and 21 of the Universal Declaration of Human Rights and articles 9, 14, 22 and 25 of the International Covenant on Civil and Political Rights, to which Viet Nam is a party, and falls within categories
II and III of the arbitrary detention categories referred to by the Working Group when considering the cases submitted to it.
33. Consequent upon the opinion rendered, the Working Group requests the Government of Viet Nam to
take the necessary steps to remedy the situation of Mr. Nguyen, Ms. Do and Mr. Doan, and to bring it into conformity with the standards and principles set forth in the Universal Declaration of Human Rights and the International Covenant on Civil and Political
34. The Working Group is of the opinion that, taking into account all the circumstances of the case, the adequate remedy would be to release the above-mentioned individuals and to accord them an enforceable right to compensation,
in accordance with article 9, paragraph 5, of the International Covenant on Civil and Political Rights.
35.In accordance with article 33 (a) of its methods of work, the Working Group considers it appropriate
to refer the allegations of torture or cruel, inhuman treatment to the Special Reporter on torture and other cruel, inhuman or degrading treatment or punishment for appropriate action
IV. - The European Parliament resolution of 18 April 2013 on Vietnam, in particular freedom of expression (2013/2599(RSP) :
1. Expresses its deep concern about the conviction and harsh sentencing of journalists and bloggers in Vietnam; condemns the continuing violations of human rights, including political intimidation, harassment, assaults,
arbitrary arrests, heavy prison sentences and unfair trials, in Vietnam perpetrated against political activists, journalists, bloggers, dissidents and human rights defenders, both on- and offline, in clear violation of Vietnam's international human rights
2. Urges the authorities to immediately and unconditionally release all bloggers, online journalists and human rights defenders; calls upon the government to cease all forms of repression against
those who exercise their rights to freedom of expression, freedom of belief and freedom of assembly in accordance with international human rights standards;
3. Calls on the Vietnamese government to amend or
repeal legislation that restricts the right to freedom of expression and freedom of the press in order to provide a forum for dialogue and democratic debate; calls also on the government to modify the draft ‘Decree on the Management, Provision, Use of
Internet Services and Information Content Online’ to ensure that it protects the right to freedom of expression online;
4. Urges the Vietnamese government to cease forced evictions, to secure freedom of expression
for those who denounce abuses on land issues, and to guarantee those who have been forcibly evicted access to legal remedies and adequate compensation in conformity with international standards and obligations under international human rights law;
5. Calls on the authorities to comply with Vietnam's international obligations by putting an end to religious persecution and removing legal hindrances to independent religious organizations freely conducting peaceful
religious activities, which entails the recognition of all religious communities, the free practice of religion and the restitution of assets arbitrarily seized by the state from the Unified Buddhist Church of Vietnam, the Catholic Church and any other religious
6. Expresses deep concern about the detention conditions of prisoners of conscience stemming from ill-treatment and lack of medical care; requests that the authorities guarantee their physical
and psychological integrity, ensure unrestricted access to legal counsel and offer appropriate medical assistance to those in need;
V.- The Opinions adopted by the Working Group on Arbitrary Detention at its sixty-seventh session,
26–30 August 2013 No. 33/2013(Viet Nam):
34. In the light of the preceding, the Working Group on Arbitrary Detention renders the following opinion:
The deprivation of liberty of Mr
Le Quoc Quan is arbitrary, being in contravention of articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights to which Viet Nam is a party, and falling within
category III of the categories applicable to the consideration of the cases submitted to the Working Group.
35. Consequent upon the Opinion rendered, the Working Group requests the Government to take necessary steps to remedy
the situation of Mr Le Quoc Quan, which is immediate release, or ensure that charges are determined by an independent and impartial tribunal in proceedings conducted in strict compliance with the provisions of the ICCPR.
36. That reparation
is granted to him for the arbitrary detention that he suffered.
37. The Working Group brings to the attention of the Government, the obligations as state party to the ICCPR and to bring her laws in conformity with international law, in particular international
human rights law.
VI. - The United Nations Rights Tribunal Calls for Release
of Vietnamese Blogger Activist 2 December 2013:
The detention of Vietnamese blogger, lawyer and human rights
activist, Le Quoc Quan, has been condemned by a United Nations human rights tribunal as violating his right to freedom of expression and his right to a fair trial.
The UN Working Group on Arbitrary Detention, a tribunal set up under the UN's Human Rights Council, found that Le Quoc Quan had been targeted for his work as an activist and as a blogger and called for his immediate release or for
his conviction to be reviewed by an independent court. It also recommended that Viet Nam should pay damages to Le Quoc Quan for his arbitrary detention.
VII. - The United Nations Working Group rules favorably on petition filed by SLS’ Allen
Weiner, condemns treatment of 16 Vietnamese social and political activists:
In a decision announced on November
28, 2013, the United Nations Working Group on Arbitrary Detention (UNWGAD) in Geneva ruled favorably on a petition filed by Allen Weiner, Director of the Stanford Program in International and Comparative Law at Stanford Law School that contests the illegal
arrest, conviction and ongoing detention of sixteen Vietnamese social and political activists. UNWGAD held that the detention and subsequent criminal conviction of these activists violated international human rights obligations that are binding on Vietnam
and called upon the Vietnamese government to “immediate release” the detainees.
The activists were convicted
under various Vietnamese criminal laws that outlaw “activities aimed at overthrowing the people’s administration,” the “undermining of national unity” and participating in “propaganda against the Socialist Republic of Vietnam.”
The petition, which was filed in July 2012, alleged that the detention of these activists violated Vietnam’s international obligations under, among other things, the International Covenant on Civil and Political Rights and the Universal Declaration of
Human Rights. In response to Vietnam’s contentions that the detainees were convicted under existing provisions of the Vietnamese criminal code, the Working Group held that “the criminal provisions that gave rise to the charge against the [detained]
individuals and their subsequent conviction by the court cannot be regarded as consistent with the relevant provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.” UNWGAD further noted that
“the holding and expressing of opinions, including those which are not in line with official Government policy, are protected under article 19 of the International Covenant on Civil and Political Rights.”
- On 09/06/1981, Vietnam acceded to the International Convention on
the Elimination of All Forms of Racial Discrimination.
- On 11/27/1981: Vietnam signed the International Convention on the Elimination of All Forms of Discrimination against Women, in February 1982 formally ratified this convention.
- On 24/09/1982: Vietnam acceded to the International Covenant on Economic, Social
and Cultural Rights and the international conventions on civil rights policy.
- 20/02/1990: Vietnam signed the Convention on the Rights of the Child.
- On 11/07/2013 : Mr Ambassador Le Hoai Trung, head of Vietnam’s Permanent Representative Mission to the United Nations, signed the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatments or Punishments in New York on November 7/2013. Speaking after the signing ceremony, Ambassador Le Hoai Trung noted that :“The
convention is an international human rights document that prevents torture and enhances communications to raise public awareness and develop mechanisms for protecting victims and increasing international cooperation in the field. Ambassador Trung noted the
signing of the convention shows the Vietnamese State’s strong commitment to preventing torture and ill-treatment to better fundamental human rights. The signing is Vietnam’s concrete step towards its pro-active international integration, affirming
Vietnam is an active and responsible member of the international community, he said. He said joining the convention will help Vietnam perfect its legal system to promote citizens’ fundamental human rights.
joined The UNO, it never respected its commitment or conventions related to human rights that it signed. Vietnam has always harassed, repressed arrested, imprisoned and tortured citizens when they peacefully requested the rights compliant with the provisions
of the convention on human rights of UNO
The communist authorities justify these violations with arguments such as “cultural differences” about human rights, national
security, etc…Besides the Vietnamese government keeps repeating that nobody was arrested on the sole reason of personal political opinion… even if the whole world perfectly knows that there are prominent personalities such as the Captain of the
Army of the Republic of Vietnam NGUYEN Huu Cau (detained in prison for 30 years, seriously ill and left without medical care), the student DO Thi Minh Hạnh (detained in prison, seriously ill and left without medical care), Professor DINH Dang Dinh (detained
in prison, seriously ill and left without care), the Buddhist Hoa Hao activist farmer TRAN Thi Thuy (detained in prison, seriously ill and left without care), Father Thadeus NGUYEN Van Ly, Songwriter VO Minh Tri (VIET KHANG), Pastor NGUYEN Cong Chinh, Pastor DUONG Kim Khai, Religious rights activist NGUYEN Van Canh, Hoa Hao Buddhist activist
NGUYEN Van Lia, Farmers' rights and Hoa Hao Buddhist activist TRAN Thi Thuy, Lawyer CU Huy Ha Vu, Lawyer LE Quoc Quan, Lawyer LE Cong Dinh, Lawyer PHAN Thanh Hai (pen name ANH BA SAIGON) , Dr NGUYEN Quoc Quan, Blogger TA Phong Tan, Land rights advocate CAO
Van Tinh, Engineer NGUYEN Tien Trung, Engineer and Columnist TRAN Huynh Duy Thuc, Engineer LE Thanh Long, Blogger NGUYEN Van Hai (pen name DIEU CAY), Blogger LU Van Bay, Journalist NGUYEN Van Khuong, Writer HO Thi Bich Khuong, Writer VI Duc Hoi, Internet writer
NGUYEN Ba Dang, Land rights activist DUONG Au, Land rights activist NGUYEN Ngoc Cuong, Land rights petitioner PHAM Van Thong, Worker DOAN Huy Chuong, Worker NGUYEN Hoang Quoc Hung, Worker PHAM Thanh Nghien, Prominent legal activist PHUNG Lam, Former Officer
of the People's Army TRAN Anh Kim, Member of the Vietnamese Party of Progress NGUYEN Thanh Phong, Members of the VietNam Populist Party : PHAM Thi Ngoc Phuong, Mr. PHUNG Quang Quyen, Innocent citizen LE Thi Kim Thu, Student DINH Nguyen Kha, blogger Truong Duy Nhat, blogger Pham Viet Dao, blogger Dinh Nhat Uy, Mr NGO Hao among the 526 detainees…...
and people under house arrest like the most Venerable THICH Quang Do, Dr NGUYEN Dan Que, Mrs. BUI Thi Minh Hang, student NGUYEN Phuong
This is the reason why
organizations such as the Commission for human rights,(…), the association for the protection of journalists, reporters with no borders (…), a lot of parliaments throughout the world ( European Union, USA, Australia, Canada…) have condemned
Vietnam on several occasions, for outrageously violating human rights, and have asked the government in Hanoi to release all political prisoners who peacefully request their
rights according to the convention on human rights .
The violation of human rights that we mentioned above facts is the characteristic of communist régimes, including Vietnam. It is no surprise that Vietnamese authorities arrested and found guilty some militants who had
delivered copies of the universal declaration of human rights during a picnic; the police’s action is a very serious offence
to human rights. Still, the Vietnamese government will be a member in the Council of Human rights in the United Nations between 2014 and 2016 and has already signed the United Nations’convention against torture
We solemnly ask the official representative of the Vietnamese government who is here:” When will the Vietnam government at last
respect human rights. When will it unconditionally release the 526 political or religious prisoners?”
We demand the Vietnamese communist authorities to respect
human rights and release the 526 political prisoners who are currently living in inhuman conditions. We demand this release for the deadline of March 5th, 2014.
We also demand appropriate medical assistance to those in need;
If this demand is not fulfilled, we suggest the Council of Human Rights of the United
Nations the following measures:
· Official condemnation of the Vietnam government for serious violations of human rights
· Suspension or expulsion of the Vietnamese communist government from the sessions of the council of human rights of
the united nations
Suggesting the United Nations a general assembly for a common decision
about Vietnam; expulsion appears the only solution regarding the many permanent and severe violations of the chart of human rights of the United Nations.
We sincerely thank you for your deep understanding.
COPIES TO :
· Mr. Secretary General of the UNO
· The 193 ambassadors members of the UNO
· The world NGO for human and religious rights
“For your information; we also request your support before the representative member of the Socialist Republic Vietnam government, member of the Council of Human rights of the United Nations”