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  • LIV Co-Founder, Pham Doan Trang, Included in the #WithoutJustCause Political Prisoners Campaign

    Legal Initiatives for Vietnam (LIV) Co-founder, Pham Doan Trang, was included in the list of political prisoners who are part of the United States’ #WithoutJustCause initiative. She is joined by 16 other human rights defenders from all over the world and their stories are published to bring awareness towards “growing authoritarian efforts to silence dissent and suppress fundamental freedoms.”

    In the campaign, Pham Doan Trang is highlighted as being a recipient of the 2022 Woman of Courage award and a “renowned journalist and author” who fought for “human rights, rule of law, and a more inclusive Vietnam.” In December 2021, she was sentenced to 9 years imprisonment under Article 88 of Vietnam’s 1999 Penal Code for “making, storing, distributing or disseminating information, documents and items against the Socialist Republic of Vietnam,” at the conclusion of a one-day trial.

    The #WithoutJustCause campaign was launched on January 11, 2023. It is an effort by the United States to fulfill the commitments made during the 2021 Summit for Democracy, which aims to “build a broader community of partners committed to global democratic renewal.” During this event, over 750 commitments and promises were made by the United States and its partners.

    The next summit will be held in March 2023; it will be co-hosted by current United States President, Joe Biden, along with the governments of Costa Rica, the Netherlands, Republic of Korea, and the Republic of Zambia.

    The United States is actively advocating for the release of Pham Doan Trang and the 16 other imprisoned human rights defenders who are part of the #WithoutJustCause campaign. Likewise, they are calling on everyone do to their part in their own small way.

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  • UK Government: Canada and United Kingdom announce recipient of the 2022 Media Freedom Award

    Vietnamese journalist Pham Doan Trang has been awarded the 2022 Canada-United Kingdom Media Freedom Award for being an advocate for human rights and the rule of law.


    Excerpt:

    Today, during the third Global Media Freedom Conference in Tallinn, Estonia, the Honourable Mélanie Joly, Minister of Foreign Affairs, and Lord Ahmad of Wimbledon, Minister of State for South Asia and the Commonwealth and the Prime Minister’s Special Representative on Preventing Sexual Violence in Conflict, awarded the 2022 Canada-United Kingdom Media Freedom Award to Vietnamese journalist Pham Doan Trang.

    Ms. Trang is known for her books on democracy and her articles on civil society and dissidents in Vietnam. An advocate for human rights and the rule of law, Ms. Trang has written about the important environmental issues. Reporters Without Borders awarded the Press Freedom Prize to Ms. Trang in 2019, in recognition of this work.

    In December 2021, Ms. Trang was sentenced to nine years in prison for “propaganda against the State.” She spent 434 days in detention leading up to her sentencing.


    More on Lord Ahmad of Wimbledon and UK in Canada‘s commendations for Pham Doan Trang’s work in support of media freedom in Vietnam.

    Download:

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  • CPJ Honors LIV Co-founder, Pham Doan Trang, with the 2022 International Press Freedom Award

    On the night of November 17, 2022 the Committee to Protect Journalists (CPJ), granted Legal Initiatives For Vietnam (LIV) co-founder, Pham Doan Trang, the 2022 International Press Freedom Award (IPFA) during its annual ceremony held in New York City. She shares the spotlight with three other awardees from Cuba, Iraqi Kurdistan, and Ukraine and all four were chosen for “[withstanding] immense challenges, including government crackdowns, aggression, and imprisonment to bring the public independent reporting amid rampant disinformation and war.”

    CPJ President, Jodie Ginsberg, holds the IPFA awardees in high regard. She praises them and says, “Our award winners exemplify the best of journalism: work that shines a light on the impacts of war, corruption, and abuse of power on everyday lives.” She adds that the awardees “demonstrate the central role journalism plays in serving the public good.”

    Before her arrest and imprisonment, LIV co-founder, Pham Doan Trang, was part of the main editorial bodies of independent Vietnamese media outlets, Luat Khoa and The Vietnamese Magazine.

    On October 6, 2020 at around 11:30 pm, Hanoi police and state authorities raided Trangs’s apartment and arrested her. After a year of being held incommunicado and being denied the liberty to speak to her lawyers and her family, she was convicted in December 2021 at the conclusion of a one-day trial under Article 88 of Vietnam’s 1999 Penal Code for “making, storing, distributing or disseminating information, documents and items against the Socialist Republic of Vietnam.” Pham Doan Trang is currently serving a nine-year long sentence and joins the ranks of the growing number of Vietnamese journalists and dissidents who have been imprisoned for speaking out against the Vietnamese government.

    Pham Doan Trang was unable to attend the ceremony and accept her award due to her imprisonment. She was presented onstage by CNN correspondent Omar Jimenez who used this opportunity to demand for her freedom. He says, “…Pham Doan Trang is serving a nine year sentence for the crime of spreading news against the state but the only crime here is her imprisonment. So, I want you to help us turn her story into a demand for her release.”

    A mock newspaper, which also doubled as a petition to call for Pham Doan Trang’s release, was given to the ceremony attendees during the pre-dinner reception and post-dinner reception. Vietnam has released prisoners due to international outcry in the past, such as Nguyễn Văn Hải and Nguyễn Ngọc Như Quỳnh, who is also known as “Mother Mushroom.” Both were released after receiving the IPFA in 2013 and 2018, respectively.

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  • Freedom on the Net 2022 – Vietnam Chapter

    Legal Initiatives for Vietnam (LIV) contributes for the Vietnam Chapter of Freedom House’s Freedom on the Net report for 2022.

    English


    Overall Score: 22/100 | NOT FREE

    Obstacles to Access: 12/25

    Limits on Content: 6/35

    Violations on User Rights: 4/40


    Overview

    Internet freedom remained restricted in Vietnam, as the government enforced stringent controls over the country’s online environment. Though the government did not disrupt connectivity or throttle Facebook servers as it had done previously, the state continued mandating that companies remove content and imposed draconian criminal sentences for online expression. A COVID-19 surge in late 2021 propelled government surveillance, and authorities have also sought to expand control over content on social media platforms.

    Vietnam is a one-party state, dominated for decades by the ruling Communist Party of Vietnam (CPV). Although some independent candidates are technically allowed to run in legislative elections, most are banned in practice. Freedom of expression, religious freedom, and civil society activism are tightly restricted. Judicial independence is absent.


    Key Developments, June 1, 2021 – May 31, 2022

    • Government officials ordered international social media companies to remove thousands of pieces of content, particularly targeting criticism of the authorities (see B2).
    • New regulations tightened content restrictions on websites that host advertisements and increased administrative fines on companies found to be hosting online speech that authorities deem illegal (see B3, B6, and C2).
    • Authorities imposed prison sentences on human rights defenders and everyday internet users for their online activities, including a ten-year sentence issued to activist Trịnh Bá Phương (see C3).
    • The expansion of government-run COVID-19 apps and the creation of a central database for new identification cards have raised privacy concerns (see C5).
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  • Luật Khoa Magazine Releases Taiwan Special Issue

    The Luật Khoa Magazine, one of the two main projects of Taiwan-based non-governmental organization Legal Initiatives for Vietnam (LIV), published its Taiwan Special issue on October 6, 2022. This marks the magazine’s second release within its new operating model. Each month, Luật Khoa will release a periodical that contains introductory and analytical articles about a chosen topic. These can range anywhere from political, social, or legal issues in Vietnam to areas of international concern that may provide insight or lessons that may aid in Vietnam’s democratization process.

    This month’s release focuses on Taiwan. This small island nation is different, if not the direct opposite, of Vietnam’s neighbor, China. Similar to Vietnam, the people of Taiwan also lived under a dictatorship for some time. In fact, just a few decades ago, many Taiwanese citizens lived in constant fear from their government and could not freely express criticism or dissent both in public and in the sanctity of their own homes.

    However, the Taiwan of today is drastically different from how they were in the past. The advent of democracy has led to a transformation within the Taiwanese people, government, and society. Taiwan currently stands as a bastion of a functioning democratic state and its citizens have also started to develop their own sense of identity, despite the constant threats to its freedom and sovereignty from its communist counterpart.

    LIV and the Luật Khoa staff hope that the articles, stories, and words in this October publication will serve as a source of inspiration and hope to its Vietnamese audience and readers.

    Luật Khoa’s Taiwan Special Issue is written in Vietnamese and can be purchased here for 5 USD.

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  • LIV’s Library And Banned Literature Collection Featured By RFA

    Legal Initiatives for Vietnam’s (LIV) collection of books, banned or restricted by the Vietnamese government, was featured by Radio Free Asia (RFA) in its April 29, 2022 article titled, “Thế hệ hậu chiến với nỗ lực bảo tồn và quảng bá sách thời Việt Nam Cộng Hoà.” RFA also spoke with LIV co-director, Trinh Huu Long, and a video recording of this interview has been uploaded on Youtube.

    RFA’s interview with LIV Co-director Trinh Huu Long about the LIV library.

    A significant number of these books were written before the collapse of the Republic of Vietnam, before the fall of Saigon city. Trinh Huu Long believes that, during this time, education under the Republic of Vietnam was “the most brilliant in Vietnamese history.” He adds that autonomy and liberal education were the two core values embedded in the educational system of that era.

    In the interview, he also elaborates on why LIV is collecting and preserving these written works. Trinh Huu Long provides two reasons. The first is that these books are banned in Vietnam, making them very difficult for the general public to access. The second is that if these books continue to age and degrade, the knowledge and information contained within their pages will cease to exist.

    Even though LIV’s collection is fairly broad, Trinh Huu Long states there are many other books, written under the Republic of Vietnam, that are not part of the LIV library. He adds that many of these remain scattered all over the world and it will take a significant amount of money and effort to purchase and preserve them.

    The LIV library stocked with several books which were written under The Republic of Vietnam.

    As an active democracy activist, he believes that these books are essential in Vietnam’s process of democratization and that the study and analysis of these written works is necessary in order to prepare for a political reform in the country.

    The LIV library is home to about 250 titles, written between 1955-1975 in Southern Vietnam, and includes works from famous Vietnamese authors such as Professor Nguyen Van Bong and the former Prime Minister of the Republic of Vietnam, Vu Van Mau. The books have also been digitized and are planned to be publicized in the future.

    The library is located in the main office of LIV at the 4th Floor, RIIC Building, National Chengchi University, No. 64, Sec. 2, Zhinan Rd., Wenshan Dist., Taipei City, Taiwan (ROC) 116.

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  • [Closed] Job vacancy: Office Manager in Taipei (NCCU campus)

    Type

    Full-time, 40 hours per week

    Location

    Taipei (National Chengchi University campus)

    Salary

    45,000 – 50,000 NTD per month and insurances as required by the Taiwanese law

    Supervisor

    Co-Directors

    Start date

    As soon as possible

    Application

    • Résumé (in both English and Mandarin), including at least 02 references

    • Personal statement (in both English and Mandarin)

    • Scanned copies of degrees and professional certificates (if any)

    All documents should be in the PDF format.

    How to apply?

    Please submit your application to recruit@liv.ngo.

    Email title: [Taipei Office Manager] – Full name

    Legal Initiatives for Vietnam is a nonprofit, nonpartisan organization registered as a 501(c)(3) legal entity in California, United States in January 2017. We opened the representative office in Taiwan in November 2021 and the office is located inside the National Chengchi University campus in Wenshan, Taipei.

    We are seeking an office manager with a passion for civil society and a love for democracy to assist us establishing our foundation in Taiwan as a long-term base, and for our mission of building a democratic society in Vietnam as well as contributing to the human rights movement in the region through independent journalism, research, and education.

    ABOUT THE JOB

    • Manage several media, training and research projects, including writing proposals and reports, as well as monitoring projects’ implementation;
    • Handle communications with Taiwanese and international partners;
    • Handle legal requirements by the Taiwanese government, including outsourcing tasks to local partners;
    • Manage LIV’s physical and digital library, including data input;
    • Organize meetings and events with local and international partners;
    • Recruit staff and interns for the Taiwan office;
    • Handle the office’s filing system and financial records as well as other administrative tasks.

    QUALIFICATIONS

    Minimum qualifications:

    • Bachelor’s degree or equivalent practical experience;
    • Two years of experience in management or executive assistance;
    • Good command of Mandarin and English. Vietnamese language is a plus;
    • Good communication skills. You are the office’s face in both internal and external communications.

    Preferred qualifications:

    • Obtain a degree and/or professional certificates in management, journalism, communications, law, political science, and international relations;
    • Knowledge of human rights and politics in Vietnam and Taiwan;
    • Experience in the nonprofit sector and/or the media industry.

    BENEFITS

    • Salary: 45,000 – 50,000 NTD per month (negotiable, depending on your capacity);
    • Medical and labor insurances in accordance with Taiwanese law;
    • Holidays, annual leave, parental leave, and sick leave in accordance with Taiwanese law;
    • Work permit sponsorship;
    • Training and traveling opportunities in Taiwan and overseas.

    WHAT IS IT LIKE WORKING AT LIV?

    • Every employer claims to have a meaningful mission. We are no exception. We want to make democratic changes in Vietnam and contribute to the human rights movement in East and Southeast Asia through independent journalism, research, and civic education. If that is appealing to you, we can’t wait to see you!
    • We collaborate with staff members and partners around the world: Vietnam, Taiwan, United States, Canada, Europe, Thailand, Australia and counting. That means both international traveling and working out of normal office hours.
    • We value constructive criticism and innovative spirit. You are working with a bunch of movers and shakers here.
    • We offer a significant degree of autonomy and flexibility. We don’t count the hours you spend at the office. You design and manage your work in a way that fits the office’s best interests and your personal preferences.
    • Want to bring your children to the office? No problem. We will create suitable office conditions so you can take care of your children while working. Kids are gods, we know it.
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  • Vietnam Briefing: 119 death sentences recorded in 2021

    The Vietnam Briefing, which is released every Monday morning Vietnam time, looks at Vietnam’s social and political developments of the past week

    Source:  The Vietnamese Magazine


    Amnesty International report: Hundreds of people sentenced to death annually in Vietnam

    • In an annual report released on May 24 documenting the international judicial use of death penalty, Amnesty International noted that at least 119 death sentences were recorded in Vietnam last year, and that “a 30% increase was recorded between 1 October 2020 and 31 July 2021.”
    • The report said that there is no official record of the number of death penalties that have occurred  in Vietnam since the numbers are classified as a state secret. However, Amnesty’s calculation suggests that there were around 1,200 people under sentence of death at the end of 2021 in Vietnam. According to the report, Vietnam is the only country in the Association of Southeast Asian Nations that carried out executions in 2021.
    • Drug trafficking offenses accounted for the majority of death sentences in Vietnam. It was calculated that 93 of the 119 new death sentences in Vietnam were imposed for drug-related offenses.

    Former Vietnamese journalist’s health worsens in jail

    RFA:

    • Nguyen Tuong Thuy, a Vietnamese journalist jailed for writing articles that criticized Vietnam’s one-party communist government, is in failing health, according to RFA. The prison authorities also refused his family’s request to approve medical treatment for Thuy outside the facility.
    • Thuy, 72, is a former vice president of the Vietnam Independent Journalists Association (IJAVN). He is currently serving an 11-year sentence at the An Phuoc Detention Center in Vietnam’s Binh Duong Province on the charge of “distributing anti-state propaganda.”
    • The former journalist is now suffering from back pain, high blood pressure, scabies and inflammatory bowel disease, Thuy’s wife, Pham Thi Lan, told RFA in a recent interview.
    • Thuy’s harsh treatment behind bars may be due to his refusal to plead guilty to the charges filed against him, Lan said. She called on the international community to pressure Vietnam to allow him to receive medical care.

    Vietnamese delegation arrives in Geneva to advocate for human rights improvements in Vietnam

    • In preparation for the Martin Ennals Award (MEA) ceremony on June 2, a Vietnamese civil society delegation arrived in Geneva, Switzerland on an advocacy trip to push for the improvement of the human rights situation in Vietnam and the release of journalist Pham Doan Trang, one of the three MEA laureates this year.
    • Bui Thi Thien Can, Doan Trang’s mother, and a member of the delegation, will receive the award on behalf of her daughter. Other members of the delegation include Will Nguyen, a former political prisoner, and a pro-democracy advocate; and Tran Quynh-Vi, co-director of Legal Initiatives for Vietnam (LIV.)
    • In an email interview with RFA, Nguyen said one of the priorities of the delegation’s agenda is to pressure the Vietnamese authorities to “provide adequate and immediate healthcare services” for Pham Doan Trang as her health has significantly deteriorated while in detention.
    • Nguyen added that the delegation would also demand the international representatives at the award to pressure Hanoi to respect the human rights of its citizens and uphold Vietnam’s international commitments and its own Constitution in safeguarding fundamental freedoms.
    • The latest arrests and imprisonment of civil society leaders in Vietnam, including Mai Phan Loi, Dang Dinh Bach, and Bach Hung Duong, who are the executive board members of the EU-Vietnam Free Trade Agreement (EVFTA)-VNGO, are also mentioned in the delegation’s working agenda with the international community, Nguyen said.

    Vietnamese activist arrested on “anti-state” charges

    • Truong Van Dung, a Vietnamese pro-democracy activist, was arrested at his home on May 21 on “anti-state” charges. Nghiem Thi Hop, his wife, told RFA in an interview that Dung was detained by plainclothes police around 7.30 am. The police later conducted a house search and confiscated some of Dung’s books, laptop computer and protest bandrolls, according to Hop.
    • According to State media, Dung was charged with “distributing anti-state propaganda,” a violation of Article 88 of Vietnam’s 1999 Penal Code. The arrest warrant was approved by the Hanoi City People’s Procuracy, state media reported.
    • Dung, 64, is popularly known for his activism on the promotion of human rights and Vietnam’s maritime sovereignty issues. Dung also co-founded a civil association named “Hoi Bau Bi Tuong Than” (Mutual support among countrymen,) which was established to support political prisoners in Vietnam and their families.
    • Dung previously participated in several demonstrations protesting Beijing’s aggression in the South China Sea and consequently became a target of police harassment and assault. In 2018, he was beaten unconscious by Hanoi police after attending a memorial ceremony for Vietnamese martyrs who died in the Gac Ma incident, according to the ceremony attendees.
    • The family of Truong Van Dung also encountered difficulty in sending him supplies in detention. Nghiem Thi Hop told RFA that when she came to the detention center on May 24 to deliver basic necessities to her husband, the authorities refused to receive her supplies and requested that she purchase those items at the facility-owned canteen.
    • Hop added that the authorities also refused to accept the books she sent to her husband since they claimed they could not “verify its content.”

    Activist Do Nam Trung transferred to a prison camp far from home

    • In an interview with RFA on May 26, Nguyen Thi Anh Tuyet, fiancee of Vietnamese activist Do Nam Trung, said that Trung had been transferred from the Nam Dinh Prison to Thanh Hoa Province’s Prison Camp 5 on the same day. The new prison is located 200 kilometers away from his home.
    • Do Nam Trung was convicted of “distributing anti-state materials” in December last year and subsequently sentenced to 10 years in prison. A court in Vietnam’s Nam Dinh Province upheld his conviction in an appeals trial on March 24.
    • The Vietnamese authorities have commonly transferred political prisoners to detention centers located far from their homes in order to limit family visitations and their contacts outside the prison.

    12 Hmong people jailed for attending a religious leader’s funeral

    • In an online update on May 24, attorney Nguyen Van Mieng announced that a court in Vietnam’s Tuyen Quang Province had given prison sentences to  12 Hmong people who had participated in the funeral of religious leader Duong Van Minh on December 12, 2021.
    • The Tuyen Quang authorities previously prosecuted a total of 15 people, charging them with “resisting officers in the performance of their duties” and “violating safety regulations in crowded places.”
    • According to Mieng’s update, after a three-day trial, from May 18-20, the court sentenced one person to four years in prison, four people to two years and six months in prison, and the other seven people to two years each in prison. They were charged with “resisting officers on public duty,” a violation of Article 330 of Vietnam’s Penal Code.
    • The attorney added that a person could only be prosecuted using this law when they are proven to have inflicted death, injuries or financial damages to more than two people. However, none of the public officers were killed or injured during the funeral, he noted.
    • The trial date for another three Hmong practitioners, including Duong Van Tu, Ly Van Anh, and Duong Van Lanh, has not been announced, Mieng wrote.

    The Third Meeting of Vietnam’s 15th National Assembly begins on May 23

    • According to vice chairman of Vietnam’s National Assembly Office, Vu Minh Tuan, the third session of the country’s 15th National Assembly began on May 23 and is expected to last for 19 days. At a press conference in Hanoi on May 20, Tuan said that the Vietnamese legislators are expected to debate and approve five draft laws, three draft resolutions, and to examine six other bills.
    • More specifically, the National Assembly will consider and approve amendments to a number of articles of the Intellectual Property Law, the Insurance Business Law, the Cinematography Law, the Emulation and Commendation Law, and the Mobile Police Law.
    • At the same time, the legislators will debate six bills, including the draft revisions of the Domestic Violation Prevention and Control Law, Medical Examination and Treatment Law, Implementation of Democracy at Grassroots Level Law, Inspection Law, Radio Frequency Law, and Petroleum Law.
    • Most importantly, the Vietnamese lawmakers also expressed their concerns over the draft revision of the Mobile Police Law and emphasized the need for the law to be more specific and strict regarding situations where mobile police forces are allowed to bring weapons and other special technical devices onto airplanes and ships. They noted that this law needs to be further reviewed to avoid an abuse of power by police officers.

    Vietnam Insight: Learn more about Vietnam

    Deadly confessions, the hidden abuse by Vietnam’s police

    Southeast Asia Globe/ Govi Snell/ May 27

    “Torture as an interrogation technique is driven by the rat race in Vietnam’s police force where there is constant pressure to close cases quickly to get promoted, said Le Cong Dinh, a lawyer and human rights advocate who was jailed and then put under house arrest for critiquing Vietnam’s ruling one-party government. Instead of investigating the evidence, police force their understanding of the crime onto a suspect.”

    Biden must promote democracy among Asian nations — including Vietnam

    The Hill/ Lianchao Han, Bradley A. Thayer/ May 22

    “As the U.S. is tested in the Sino-American security competition, it needs allies that possess a shared vision. It needs a solid partnership that can be sustained in the face of China’s aggression. To meet the dangers posed by Beijing, the U.S.-ASEAN partnership must be based on similar values.

    It is critical, therefore, for the U.S. to realize that communist values and ideology are the definition of the VCP.  That makes Vietnam a potentially unreliable partner for the U.S. and its democratic allies in the Indo-Pacific. The U.S. must promote democracy in Vietnam — and strengthen democracy in other ASEAN countries — to create the strongest coalition possible to resist China’s expansion and avoid the strategic ​​errors of the past.”

    It Takes Two to Tango: Vietnam-US Relations in the New Context

    ISEAS – Yusof Ishak Institute/ Hong Kong Nguyen, Pham Muoi Nguyen/ May 23

    “Just as it has taken Vietnam and the United States decades to transform their relationship from foes to friends, it will take time for the two countries to build trust and deepen their current partnership. During this process, bilateral dialogues and engagements in different domains, including trade and investment, cultural, education and people-to-people exchanges, as well as defense and security cooperation activities, should be further strengthened and promoted.”

    Vietnam and Russia’s Political Alignment: More than Meets the Eye

    Fulcrum/ Hoang Thi Ha, Darren Cheong/ May 25

    “Vietnam and Russia advocate alternative approaches that challenge the West’s human rights discourse. Such approaches put emphasis on national and regional particularities versus the notion of universality of human rights; the right to development and the importance of social-economic development as a means to realize human rights; respect for national sovereignty, non-interference in internal affairs, and diversity of democratic systems in electoral processes; and equitable geographical distribution of membership in human rights treaty bodies. Unlike the divergence in the previous period, both countries have completely converged in voting against resolutions on human rights situations in countries such as Sudan, Iraq, Syria, Uzbekistan, Belarus, North Korea and Myanmar.”

    PM Chinh Goes to Washington: Equal Importance of Foreign and Domestic Goals

    Fulcrum/ Le Hong Hiep/ May 17

    “Boosting Vietnam’s economic performance within the next three years and strengthening his economic credentials will therefore be of critical significance for Chinh’s political prospects. Compared to foreign policy goals, economic outcomes from the U.S. visit and follow-up actions to implement them will be of equal, if not greater, significance for Chinh and his supporters. Vietnam’s economy is running into significant headwinds. If Chinh’s efforts in this regard are successful, he will burnish his political prospects — and also benefit the Vietnamese economy as a whole.”


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  • Pham Doan Trang in BBC News Tiếng Việt: Phán quyết từ LHQ nói VN ‘bắt giữ tùy tiện’ nhà hoạt động Phạm Đoan Trang

    The United Nations Working Group on Arbitrary Detention (UNWGAD) has just released its verdict on the case of journalist Pham Doan Trang and says that Vietnam ‘arbitrarily detained’ activist Pham Doan Trang.


    Excerpt:

    International human rights lawyer Kurtuluş Baştima, who filed Pham Doan Trang’s case with the UN, told BBC News Vietnamese that he received the UN’s ruling on October 25.

    Accordingly, the judgment said that Pham Doan Trang was arrested and detained without an arrest warrant, nor was she informed of the reason for her arrest. Since being arrested until now, Ms. Trang has not been able to see her relatives, and her meeting with a lawyer has been delayed for a long time. As a result, Ms. Trang’s rights under the International Covenant on Civil and Political Rights (ICCPR) have been violated.

    The working group concluded that the Vietnamese government had “arbitrarily detained journalist Pham Doan Trang for the past 11 months”, and that she should be released immediately.

    “The current case is one of many submitted to UNWGAD in recent years related to arbitrary arrests in Vietnam. These cases follow a similar pattern of arrests that do not comply with the regulations. international norms; prolonged detention pending trial without access to indictment files, access to lawyers, prosecution under dubious criminal offenses…; no access to the outside world.”

    “This pattern points to a systemic problem with arbitrary detention in Vietnam that, if continued, could seriously violate international law,” the UNWGAD report reads.

    In the 17-page ruling, UNWGAD also laid out further measures to monitor Vietnam’s compliance, asking the Vietnamese government, within six months, to provide information including:

    Has Pham Doan Trang been released yet? If so, what time?

    Have the terms of compensation been fulfilled?

    Has an investigation been conducted for the violation of Pham Doan Trang’s rights? How’s the result?

    Have there been any legal amendments, namely Article 117 of the old Penal Code and Article 88 of the new Penal Code to be consistent with international obligations?

    Has any other action been taken under this judgment?

    Perspectives from international human rights lawyers

    “This is a very important ruling,” Mr Kurtuluş Baştima told the BBC. He analyzed:

    “Pham Doan Trang could not object to her detention, so her right to apply remedial measures under Article 2(3) ICCPR was violated.”

    “In addition, UNWGAD ruled that Article 117 of the old Penal Code or Article 88 (Amendment of the Penal Code) were too vague and broad to be used as a legal basis to invoke arrest and detention. Pham Doan Trang.”

    In addition, the right to freedom of speech, the right to association and the right to express opinions are also violated by the Vietnamese state, because all activities of Ms. Trang as an author, blogger and journalist are prevented. .”

    “Ultimately, the delay in allowing Ms. Trang to see a lawyer caused her right to a fair trial to be violated under Article 14 of the ICCPR. Ms. Trang’s detention was due to her participation in anti-corruption and civil rights reporting. owner is a violation of his right to engage in public affairs, in particular Article 25(a) of the ICCPR.”

    “This is a decision made by UNWGAD based on the International Covenant on Civil and Political Rights. This convention places an obligation on the state to respect those decisions. Ms. Trang’s lawyer in Vietnam Nam should use this decision of the UN in the upcoming trial,” said Mr. Kurtuluş Baştima.

    However, Mr. Kurtuluş Baştima said that the UN’s ruling is not legally binding, so UNWGAD cannot impose penalties if the Vietnamese government does not implement the proposals made by the UN.

    However, this does not mean that the Vietnamese government will be ignored this decision. Because if not, the Vietnamese government will be held responsible for violating international law and UNWGAD will refer the situation to the United Nations Human Rights Council.

    Immediately following the UN ruling, a joint statement on Tuesday from 28 national and international civil society organizations called on the Vietnamese authorities to immediately and unconditionally release Pham Doan Trang.

    The suppression of Doan Trang and other human rights defenders, including independent writers and journalists, is part of an increasingly worse attack on freedom of expression and information in Vietnam. South,” the joint statement read.

    The Working Group on Arbitrary Detention – UNWGAD – was established on the basis of Resolution 1991/42 of the United Nations Human Rights Commission and has the task of investigating arrests, detentions and imprisonments made by member states, whether it is in accordance with the UN Charter of Human Rights.

    They have the right to request that governments and states submit periodic reports or on specific cases related to acts, decisions or trials that deprive citizens of their freedoms in the Member State.


    Download article in Vietnamese:

    Download article in English:

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