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Viet Nam: Member of the Un Human Rights Council & 1 VIET NAM: MEMBER OF THE UN HUMAN RIGHTS COUNCIL & HUMAN RIGHTS VIOLATION 2014 Authors: Dr. Nguyen Dan Que, Catholic Priest Phan Van Loi, Ven. Thich Khong Tanh, Pham Ba Hai (MBE), Lawyer Nguyen Van Dai, Pham Chi Dung (Ph.D.) Translation by Trang Thien Long, Vu Quoc Ngu, Le Anh Hung. Email: [email protected] Facebook: https://www.facebook.com/cuutunhanluongtam Former Vietnamese Prisoners of Conscience http://fvpoc.org/ 2 Table of Contents ****************** ............................................................................................................... 2 CHAPTER 1: INTRODUCTION................................................................................... 3 CHAPTER 2: HARASSMENT ..................................................................................... 4 1. Banning foreign travel and confiscating passport ............................................... 4 2. Prohibiting leaving residence, not allowing temporary lodging, preventing from meeting ........................................................................................................................ 5 3. Police attack activists with bricks, stones, and rank liquid .................................. 8 CHAPTER 3: BEATING, DETAINING, TORTURING .................................................. 9 1. Brutal Attacks against activists, dissidents ......................................................... 9 2. Pre-trial detention to dissidents and human rights defenders .......................... 15 3. Trialing Unfairly ................................................................................................ 17 4. Torturing, beating prisoners, suspects and law breakers ................................. 21 5. Sentencing wrong and causing controversial deaths in temporary detention for investigation ............................................................................................................... 24 6. Suppression and Harassment of Prisoners of Conscience .............................. 26 CHAPTER 4: SUPPRESSION OF INDEPENDENT RELIGION ORGANIZATIONS . 31 1. Prohibition of worship and gathering ................................................................ 31 2. Beating religious clerks, monks and believers.................................................. 33 3. Demolition of religious facilities ........................................................................ 35 CHAPTER 5: CURRENT NUMBER OF PRISONERS OF CONSCIENCE ............... 36 CHAPTER 6: CONCLUSION .................................................................................... 40 APPENDIX .................................................................................................................... 41 ****************** Former Vietnamese Prisoners of Conscience http://fvpoc.org/ 3 CHAPTER 1: INTRODUCTION On the morning of Nov 12, 2013, the General Assembly elected 14 members in addition to the UN Human Rights Council. Vietnam received 184 of the 192 votes in favor, the highest votes among 14 candidates. State sponsored media ran the headline referred to human rights achievements recognized by the international community. In an interview with Tuoi Tre, Minister of Foreign Affairs Pham Binh Minh said: "In the spirit of promoting international integration extensively and comprehensively in three coming years, as a member of the Human Rights Council, Vietnam will actively participate and contribute to the work of the General Assembly, following closely the sticking point, the consistent policy of the Communist Party and State about Human Rights and the major orientation of the foreign policy, as well as implementing fully the obligations and commitments of a member of Human Rights Council and the U.N." June 2014, the Vietnam government delegation announced the support of 182 out of 227 recommendations of the countries. Among the supported recommendations, the worth attention is commitment to ensure space for civil society organizations, NGOs, human rights defenders, bringing the law on demonstration and of association in accordance with international standards on the civil and political rights. Whole one year passed, the declaration and the international commitments of the Vietnam government have become completely contrary by human rights violations that Former Prisoners of Conscience researched in this report. By using quantitative and qualitative research method together, the report (47 pages long A4, font size 10, Arial font) looks into the cases of human rights abuses during nine years (2006 -2014). Focus in 2014, we had directly met, interviewed via the Internet (email, skype), telephone with more 200 victims of human rights abuses. The number of cases is collected from the international media (RFA, BBC, VOA, RFI, etc.), the independent news websites (Vietnam Redemptorists News, Defend the Defenders, Dan Luan, Dan Lam Bao ...), radio stations (Dap Loi Song Nui, Chan Troi Moi, STBN) and the state-run websites (Tuoi Tre, Phap Luat TpHCM, Than Nien, Nguoi Lao Dong, etc.). The reports and press releases of the international human rights organizations such as Human Rights Watch, Reporters Without Borders, Amnesty International, Committee to Protect Journalists, etc. are also a source of additional information. There are three statistical graphs to clarify the trends and characteristics of the human rights crackdown. The forms of violation (in chapters, items) are also presented in contrast with the recommendations approved by Vietnam in the universal periodic review of 2014. The PoC graph 2006-2014 shows two minimal positions in 2009 and 2013 with 14 and 11 victims arrested. These low points are the times Vietnam joining the universal periodic review, so the government reduced the number arrested. Upon completion UPR 2009, they increased arrests 23- 46-47 in the following year. In 2013, Vietnam was the only candidate in Southeast Asia for the UN Human Rights Council and supported by the ASEAN countries. Again they Former Vietnamese Prisoners of Conscience http://fvpoc.org/ 4 changed tactic by reducing the number to 11 arrests. Once elected to the Human Rights Council 2014-2016, they turned to arrest 45 human rights defenders and dissidents. The graph of Penal Articles to PoC 2006-2014 shows that Article 88 "propaganda against the state" is applied most often with 68 arrests, despite having a decrease for last three years. Article 79 "overthrowing the state" is always shown as the main weapon to crush any forces to be opposition to the Communist Party. Notably, Article 245 "disturbing public order" spiked from 2 up to 18 victims in 2014, including the arrest of Bui Thi Minh Hang in Dong Thap province. Article 257 "against persons implementing duty" plays as jailers to land petitioners with 13 arrested. ************************ CHAPTER 2: HARASSMENT In Vietnam, anyone who stepped into the path of protecting human rights is often first subjected to lawless, violent and despicable harassment in different forms. Recommendation 144. Further implement measures aimed at promoting freedom of expression and association and freedom of the media in line with the most advanced international standards (Italy); 1. Banning foreign travel and confiscating passport Recommendation 148. Allow bloggers, journalists, other internet users and nongovernmental organizations (NGOs) to promote and protect human rights specifically by ensuring that laws concerning the Internet comply with the freedom of expression and information (Netherlands); 1.1 Blogger Nguyen Ho Nhat Thanh was banned exit on Jan 15, 2014 with the reason “national security”. He intended to join the human rights hearings in the US Congress and State of Department. 1.2 On Jan 2, 2014 at Tan Son Nhat airport, Dr. Pham Chi Dung was prevented and confiscated his passports when he was going to leave for a seminar on human rights held in Geneva, Switzerland as a speaker at the invitation of the UN Watch. The UN Watch, a nongovernmental organization in Switzerland, has the function to monitor the human rights and democracy. 1.3 Correspondent Anna Huyen Trang (Vietnam Redemptorists News) was blocked at Tan Son Nhat airport at 9:30 pm on April 13. At 11:30 pm, three security men beat, doing chokehold and pulled her out to the lobby in the front of her friends. Former Vietnamese Prisoners of Conscience http://fvpoc.org/ 5 1.4 Blogger Nguyen Thanh Thuy, PoC Nguyen Xuan Nghia’s son, banned from leaving to resettle in the US on April 15, 2014. Airport security seized his passport and ordered him to return to Haiphong city for more details. 1.5 On May 6 at 11.30 pm, two citizens Le Phuc Hiep and Dinh Xuan Thi were prohibited from exit when they prepared to board the flight to Philippines for English course. Then plainclothes security men without name card interrogated him nearly 3 hours. Le Phuc Hiep retold the incident: "The reason they wrote in the minutes that the passport was seized at the request of the General Department VI - Ministry of Public Security. My trip with Thi to Manila, Philippines is for English." 1.6 At the invitation of the Embassy of Sweden in Hanoi to attend a workshop on the Internet (Stockholm Internet Forum - SIF 2014), blogger Nguyen Chi Tuyen (Anh Chi) was ready to leave on May 24, 2014. But at 10.35 pm, the security men of Noi Bai airport did "stop foreign exit" to Nguyen Chi Tuyen for the reason: "because of security reason at the request of Department A87 (Department of Information Security, Communications), Ministry of Public Security". 1.7 Two students Nguyen Van Trang and
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