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URGENT APPEAL ? THE OBSERVATORY

VNM 001 / 0307 / OBS 024
Arbitrary detention / Judicial proceedings
Vietnam
March 7, 2007

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Vietnam.

Brief description of the situation:

The Observatory has been informed by the Vietnam Committee on Human Rights about the arbitrary arrest of Mr. Nguyen Van Dai, a lawyer and pro-democracy activist.

According to the information received, on March 6, 2007, security forces raided the home of Mr. Nguyen Van Dai, in Hanoi, and placed him under arrest. He is currently detained in cell 17-19 of Pre-Detention Centre N°1 (13 kilometres from Hanoi). He was charged with “conducting propaganda against the Socialist Republic of Vietnam” (Article 88 of the Criminal Code). In this regard, it must be recalled that in July 2002, the United Nations Human Rights Committee denounced the provisions of Article 88 as “incompatible” with international human rights law and demanded their immediate repeal.

Since Mr. Nguyen Van Dai founded an organisation called the Committee for Human Rights in Vietnam in November 2006, he has been summoned repeatedly for police interrogations because of his statements in favour of human rights and democracy. Besides, during the meeting of the Asia-Pacific Economic Cooperation (APEC), which took place in Hanoi from November 17 to 19, 2006, 10 security police officers surrounded his home and prohibited all visitors (See Observatory Press Release, dated November 20, 2006).

On February 28, 2007, following pressure from Security Police, the Business Registration Office of Hanoi’s Planning and Investment Bureau issued a “Decision” to withdraw the licence of the Translation and Legal Consultation Firm (TNHH) in Hanoi of which Mr. Nguyen Van Dai is a co-founder and the Executive Director.

Mr. Nguyen Van Dai is to be held for four months pending investigation. However, under Vietnam’s Criminal Procedures Code, this four-month period may be extended four times, after which the People’s Prosecutor’s is entitled to apply “other deterrent measures”, which might include another prolongation of his detention (Article 120).

The Observatory expresses its deepest concern at Mr. Nguyen Van Dai’s detention, which it considers as arbitrary, as it seems to be solely aimed at sanctioning his activities in favour of human rights in Vietnam. Such acts of reprisals against human rights defenders are in flagrant violation of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, which states in its article 12.2 that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.

Action requested:

Please write to the authorities of Vietnam urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Nguyen Van Dai;
ii. Release him immediately and unconditionally since their detention is arbitrary;
iii. Put an end to all acts of harassment against all human rights defenders in Vietnam;
iv. Comply with the UN Declaration on Human Rights Defenders, especially article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, article 6(b), which states that “everyone has the right, individually and in association with others (...) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”, and article 12.2 above-mentioned;
v. Comply with international human rights standards included in the Universal Declaration on Human Rights and other international human rights instruments ratified by the Socialist Republic of Vietnam.

Addresses:

President Nguyen Minh Triet, Office of the State, 1 Bach Thao, Hanoi, Socialist Republic of Vietnam, Fax : +84 4 823 1872 (c/o Ministry of Foreign Affairs)
Nong Duc Manh, General Secretary, Communist Party of Vietnam, Central Committee Headquaters, Nguyen Canh Chan, 1A Hung Vuong, Hanoi, Socialist Republic of Vietnam, Fax : +84 4 845 9205
Prime Minister Nguyen Tan Dung, Office of the Prime Minister, Hoang Hoa Tham, Hanoi, Socialist Republic of Vietnam, Fax: + 84 4 823 1872 (c/o Ministry of Foreign Affairs)
Minister of Foreign Affairs Pham Gia Khiem, Fax : +84 4 823 1872
Minister of Justice Uong Chu Luu, 56-58-60 Tran Phu, Hanoi, Socialist Republic of Vietnam, Fax: +84 4 843 1431
Minister of Public Security Le Hong Anh, Ministry of Public Security, 15 Tran Binh Trong Street, Hoan Kiem District, Hanoi, Socialist Republic of Vietnam, Fax : +84 4 825 2733
Ambassador Mr. Quang Xuan Ngo, Permanent Mission of the Socialist Republic of Vietnam to the United Nations in Geneva, Chemin des Corbillettes 30, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 798 07 24 / 24 69, Email: mission.vietnam@ties.itu.int
Embassy of Vietnam in Brussels, 1 bd. General Jacques, 1050 Ixelles, Belgium, Fax: + 32 2 374 93 76.

Please also write to the embassies of Vietnam in your respective country.

***
Geneva - Paris, March 7, 2007