Tag: Luat Khoa

  • Pham Doan Trang in Süddeutsche Zeitung: Bullied reporter who absolutely refuses to remain silent

    Luat Khoa and The Vietnamese co-founder Pham Doan Trang’s recent trial saw her charged with “anti-state propaganda” and is now facing 9 years in prison.  The internationally acclaimed author and journalist is a big sore to the Vietnamese authorities whose press freedom and human rights track record is very dismal, ranking 175th out of 180 countries in Reporters Without Borders’ global press freedom rankings.


    Excerpt:

    Note:  Original texts in German.

    Pham Doan Trang has been messing with the autocratic unity party in Vietnam for 20 years – and is now paying for it with nine years in prison.

    Nothing had been heard or read from Pham Doan Trang, 43, for a year. The Vietnamese journalist and activist was arrested and detained at her home in Hoh Chi Minh City in October 2020, just hours after the annual US-Vietnam human rights dialogue ended. She was taken to Hanoi and placed in solitary confinement. A year later she was allowed to speak to her lawyer. A trial followed, about which little has leaked out in recent weeks, except for the charge: “propaganda against the state of the Socialist Republic of Vietnam” under Article 88 of the 1999 Criminal Code. She has now been sentenced to nine years in prison.

    Until her arrest, Pham Doan Trang wrote mostly about politics and social justice issues. In 2000 she started working for the early internet magazine VnExpres . She switched to web TV stations and wrote books, including ones about discrimination against homosexuals in Vietnam. She was the founder of the independent magazine Luat Khoa and an editor at The Vietnamese Magazine.

    Freedom of the press is particularly bad in Vietnam

    Her colleagues there set up a portrait page for Pham Doan Trang shortly after her arrest. There she tells about her youth. “I borrowed my friends’ songbooks to copy the Beatles , in bad English and with even worse grammar… But that’s how I grew up – with the Beatles.” She studied international economics and discovered the internet. “We didn’t have many books back then, and our reality didn’t correspond to the books anyway,” she says of the online development of her political consciousness. “For the more diligent among us, foreign economic articles – either in other languages ​​or translated into Vietnamese – were an excellent source of information.”

    According to the Committee to Protect Journalists in New York, Vietnam, with at least 23 media workers in prison, is one of the countries in which the most reporters are imprisoned. Vietnam ranks 175th out of 180 countries in Reporters Without Borders’ global press freedom rankings. Pham Doan Trang has been repeatedly beaten, kidnapped, arrested and placed under house arrest in recent years. She was injured so badly that she is limping and using crutches after an operation.


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  • Pham Doan Trang in Union of Catholic Asian News: Vietnam jails its most famous human rights activist

    UCA discloses how Pham Doan Trang is a “woman of freedom” and summarizes her works on defending human rights and freedom in Vietnam.


    Excerpt:

    Well-known human rights activist and dissident journalist Pham Doan Trang has been sentenced to nine years in jail for “conducting propaganda against the State of the Socialist Republic of Vietnam.”

    The People’s Court of Hanoi City on Dec. 14 convicted her on charges that included giving interviews to foreign newspapers and publishing reports on marine pollution and religious violations in Vietnam.

    Trang, who won the Reporters Without Borders (RSF) Press Freedom Prize for Impact in 2019, was arrested in October 2020 in Ho Chi Minh City, just a few hours after the annual human rights dialogue between the United States and Vietnam.

    The activist is the founder of Luatkhoa.org, an online magazine that specializes in providing legal information. Before her arrest, she was an editor of Thevietnamese.org, which assists Vietnamese citizens to defend their rights in the communist-run country.

    Lawyer Mieng said during a meeting with the lawyers at the No. 1 Prison before the trial, Trang told him that she always prays for the nation and all people to be in love, good health and peace although she does not follow any religion. She sent her warm regards to other activists and friends.

    Pham Thanh Nghien, a rights activist and Trang’s close friend, said she was sentenced to nine years in prison for daring to speak up for freedom and truth.

    “Those who have dared to commit themselves to freedom are always liberals even in prison. Pham Doan Trang is always a woman of freedom,” Nghien said.

    Trang reportedly told the jury that the longer the sentence, the more they prove the dictatorial and anti-democratic nature of the Vietnam government.

    “You can put me in jail and crow that you have erased a thorn in your eyes, but you will never be able to erase the bad reputation, dictatorship and anti-democracy. As beasts are forever animals, they can never become human,” she said.


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  • Pham Doan Trang in Voice of America: Tense One-Day Trial Ends in 9-Year Sentence for Vietnamese Journalist

    VOA spoke to the lawyer of Pham Doan Trang after a nine-year sentence was handed down to the Vietnamese author and journalist by a Hanoi court.


    Excerpt:

    The award-winning journalist was convicted of “spreading anti-state propaganda” under Article 88 of Vietnam’s Penal Code. The charge has been criticized by her lawyer Dang Dinh Manh and international rights organizations, who say Trang is being penalized for her work.

    “We believe what Trang has done was merely exercising the right to freedom of speech,” said Manh, one of five lawyers who defended the 43-year-old journalist.

    He added that the charge contradicts provisions in Vietnam’s constitution that protect free speech.

    The lawyer told VOA the Hanoi People’s Court judges maintained that Trang’s behavior was “dangerous to the society and the administration.”

    Manh added that in an unusual move, the court handed down a prison term longer than requested by the prosecution.

    Manh said that Trang was frequently interrupted when addressing the court.

    The journalist, who was arrested in October 2020, pleaded not guilty.

    “We believe that the conviction of Trang does not have enough of a legal basis,” said Manh.

    Trang’s family has protested the sentence. Her brother, Nguyen Chinh Truc, who attended the trial with their 81-year-old mother, told VOA he raised objections at the hearing.

    International reaction

    The United States and other governments, along with international rights groups, have condemned the conviction of Trang, who is known for her reports on human rights and legal issues affecting Vietnamese.

    In a statement released Tuesday, State Department spokesperson Ned Price said that Trang “did nothing more than peacefully express her opinions.”

    He called on Vietnam to release the journalist “who has been recognized internationally for her work to advance human rights and good governance in Vietnam.”

    Britain, Germany and the Czech Republic also voiced concern at the sentencing.

    Vietnam’s Foreign Ministry did not immediately respond to VOA’s request for comment on Trang’s case and the international condemnation of her conviction.

    The ministry spokesperson has previously said that only criminals are imprisoned in Vietnam.

    Trang is one of at least 23 journalists in jail for their work as of December, according to data by the New York-based Committee to Protect Journalists.

    In 2019, Trang was honored with the prize for impact by media watchdog Reporters Without Borders (RSF).

    The watchdog criticized her sentencing and is campaigning to have Trang released.

    “This is political justice carried out on the ruling party’s orders with the sole aim of punishing a journalist just for trying to inform her fellow citizens,” Daniel Bastard, the head of RSF’s Asia-Pacific desk, said in a statement.

    “We urge the international community to impose targeted sanctions on the Vietnamese officials responsible for Pham Doan Trang’s unacceptable fate, in order to obtain her immediate release,” he added.

    Before becoming an advocate for democracy and human rights in Vietnam, Trang worked for state-owned newspapers.

    She founded the online law and human rights magazine Luat Khoa and has authored several books that authorities banned from publication.


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  • Luat Khoa and Pham Doan Trang in Human Rights Watch Vietnam: Free Prominent Blogger

    Luat Khoa and Pham Doan Trang in Human Rights Watch Vietnam: Free Prominent Blogger

    Human Rights Watch calls on the Vietnamese government to drop politically motivated charges against Pham Doan Trang.

    Title: Vietnam: Free Prominent Blogger
    Publish Date: December 13, 2021
    Publisher: Human Rights Watch


    Excerpt:

    The Vietnamese authorities should drop all criminal charges against the prominent human rights activist and blogger Pham Doan Trang and immediately release her, Human Rights Watch said today. On December 14, 2021, a court in Hanoi is scheduled to put her on trial for “conducting propaganda against the State of the Socialist Republic of Vietnam” under Article 88 of the 1999 Penal Code. She could receive up to 12 years in prison.

    Police arrested Pham Doan Trang, 43, on October 6, 2020 in Ho Chi Minh City, just a few hours after the annual human rights dialogue between the United States and Vietnam, and transported her to Hanoi. After charging her, they held her for more than a year in pretrial detention without access to a lawyer. The case against her and her mistreatment violate the International Covenant on Civil and Political Rights, which Vietnam ratified in 1982.

    Pham Doan Trang has long been involved in peaceful protests against government policies. She has joined demonstrations outside police stations and at airports when fellow activists have been detained, participated in anti-China protests, and helped lead pro-environmental marches. She exhibited solidarity for fellow activists by trying to attend government show trials, and, at great personal risk, she periodically visited families of imprisoned dissidents to provide them with support and assistance.

    Aided by other bloggers, she wrote and published on her blog a brief history of the Vietnamese “blogosphere.” She has written, in real time, on the arbitrary and illegal arrests of activists, protesters, and bloggers, and the forced closure of an online newspaper. She frequently urges people to use social media in a responsible way that promotes a non-violent, thriving civil society movement.

    Pham Doan Trang has also consistently advocated for an impartial, rights-respecting justice system. She has been an editor of the online Law Magazine, which has published many articles and translations concerning lawyers and human rights, the struggle against forced confessions, state use of corporal punishment, domestic violence, legal reforms in China, high-profile death sentence cases in Vietnam, protections against self-incrimination, and many other topics.

    Update: On December 14, 2021, a Hanoi court sentenced Pham Doan Trang to nine years in prison. Before her trial, Pham Doan Trang prepared a statement for publication. The English version is available here. The original Vietnamese is available here.


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  • Pham Doan Trang in Libération: Répression Au Vietnam, une célèbre journaliste condamnée à neuf ans de prison

    In Vietnam, a famous journalist and human rights defender Pham Doan Trang is sentenced to nine years in prison by Hanoi court for “disseminating propaganda against the socialist republic of Vietnam.”  

    Prior to her conviction, Pham Doan Trang said that she has been terrorized and arrested by the Vietnamese authorities 25 times since 2015.  

    Title: Répression Au Vietnam, une célèbre journaliste condamnée à neuf ans de prison
    Publish Date: December 15, 2021
    Publisher: Libération


    Excerpt:

    “Just in case I’m imprisoned, blogger Pham Doan Trang wrote in 2019, I don’t want freedom for myself alone: ​​it’s too easy. I want something bigger: freedom for Vietnam.” The 43-year-old journalist and activist knew she had been in the crosshairs of the authorities of her country for many years. On Tuesday, she was sentenced to nine years in prison by a court in Hanoi, accused among other things of “disseminating propaganda against the socialist republic of Vietnam”.

    According to judge Chu Phung Ngoc, she displayed “behaviour dangerous to society”, with “the intention of violating the socialist regime”. As a result, she had to be “severely punished”. According to the documents provided by the prosecution, the government accuses Pham Doan Trang of having illegally stored and disseminated several reports, one concerning an ecological disaster, another on freedom of religion in Vietnam, and the third on the human rights situation. The Vietnamese state also disapproves of his participation in a round table for the Vietnamese edition of the BBC and an interview with Radio Free Asia Vietnam.

    “Prolific blogger Pham Doan Trang is facing harsh government retaliation for a decade spent advocating for free speech, press freedom and human rights. By pursuing it, the Vietnamese authorities are showing how much they fear critical and popular voices,” Phil Robertson, deputy Asia director at Human Rights Watch, said in a statement.

    Stopped 25 times

    The sentence pronounced against Pham Doan Trang closes years of commitment, but above all years of persecution on the part of the Vietnamese regime. Her career as a journalist began in state media, which she quickly left to take part in peaceful protests against government policies. Her first arrest dates back to 2009, when she was detained for nine days, on “national security” grounds. She then finds herself under house arrest.

    During her hearing, Pham Doan Trang said she had been arrested 25 times since 2015, and “terrorized” by the police. In fact, in April 2015, she took part in a pro-environmental demonstration in Hanoi and found herself injured by the security forces. The following year, US President Barack Obama, visiting Hanoi , invited him to join a gathering of activists. The police arrest him and prevent him from attending. The same year, she wrote many times about one of the worst ecological disasters in Vietnam: a spill of toxic products that had caused the death of several tons of fish. In November 2017, she was arrested for having met with a delegation from the European Union.

    Prohibited tests

    If Pham Doan Trang bothers the Vietnamese authorities so much, it is also because she has always supported certain subjects: the rights of LGBT + people, environmental issues, the territorial dispute between Vietnam and China, police violence, the repression of activists and the defense of human rights. In 2019, she became editor-in-chief of the online magazine Luat Khoa Tap Chi ( The Vietnamese in its English version), which precisely documents all human rights violations in Vietnam. She also co-founded the publishing house Liberal Publishing House, which publishes essays – banned by the government –, which she left in 2020.


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  • LIV’s Trinh Huu Long and Pham Doan Trang in Asia Democracy Chronicles: When calls to free arrested activists are not enough

    LIV’s Trinh Huu Long and Pham Doan Trang in Asia Democracy Chronicles: When calls to free arrested activists are not enough

    This op-ed article was written in Vietnamese by Trinh Huu Long and was published in Luât Khoa on October 10, 2020 and on May 6, 2021 in The Vietnamese.

    Title: When calls to free arrested activists are not enough
    Publish Date: May 18, 2021
    Publisher: Asia Democracy Chronicles


    Excerpt:

    Every time an activist is arrested, several campaigns for his or her release emerge in response to the government’s persecution of human rights. This method is the oldest, most common, and most familiar form the common citizenry uses to call for justice.

    I have been a part of those movements and have even organized several campaigns many times in the past nine years.

    Yet, despite everything, I constantly ask myself, do these calls to action actually do any good? “How long am I going to do this,” I ask myself, “and are there any benefits in it or not?” These are just some of the questions that constantly linger in the back of my mind.

    Most likely, the arrested activists will remain in prison; their sentence will be upheld. In fact, the length of their imprisonment might even be extended. Despite all our work, more and more people are still being incarcerated. There has been no change in our laws or institutions, despite all our efforts at home and abroad.

    And even if we’re blessed with the smallest amount of luck, those arrested are granted asylum in another country, defeating the primary purpose of our campaigns.

    Pham Doan Trang, imprisoned activist, blogger, journalist, and co-founder of The Vietnamese and Luat Khoa online magazines, has put some of my concerns to rest.

    “I do not need my own freedom; I need something much more significant than that: freedom and democracy for the whole of Vietnam,” she wrote in a letter entitled, “Just In Case I Am Imprisoned.” “This goal sounds grandiose and far-fetched, but reaching it is actually possible with everyone’s help.”

    Doan Trang wrote the letter on May 27, 2019, her 41st birthday, while she was on the run from the police. She wanted this letter to be released to the public only when she was indeed convicted and not when she was merely detained. Eventually, she was arrested and now faces a sentence of up to 20 years in prison.

    If Doan Trang merely wanted freedom for herself, she had at least two opportunities to attain this in the past.

    The first was after her nine-day criminal detention in 2009. If she was obedient and ceased all her activities regarding sensitive topics and cut all her ties with social elements deemed “anti-state,” she would have continued to live a safe and full life.

    The second was when she studied in the United States and could have chosen a path towards residency or citizenship. In fact, at least three agencies and organizations wanted to sponsor her permanent stay in America.

    So, why did Doan Trang choose to return to her homeland? It is because she understands that her freedom means nothing compared to the whole of Vietnam. Vietnam needs people to step up and work for the freedom of everyone.

    Such a concept is simple and easy to understand, yet making it a reality is challenging to attain.

    Doan Trang could have chosen to contribute to Vietnam’s fight from the outside as many others, including myself, are doing. Yet, she chose the most complex, most painful, and most difficult way to contribute to the cause. She returned home and faced the problem head-on. She published various works, wrote books, and even taught about democracy and freedom right in front of the police.

    Doan Trang often told me that the best way to fight is to be an example, to be an inspiration for others to do the same. Only then can we, as a society, start to see what democracy, human rights, and the rule of law look like in reality. Words without actions are meaningless.

    Sadly, I do not know how successful Doan Trang’s efforts have been, nor how many lives have been touched by her words and deeds. But regarding her arrest in October 2020, I would like to say this.

    Activists have a saying called “sharing fire,” which means sharing the tasks and responsibilities of dangerous activities with many people to reduce individual risk. Sometimes we coordinate with each other, but more often than not this is not the case; people passively participate in this phenomenon without discussing plans in advance.

    What if the deeds Doan Trang had done in the past five years were divided among five or 10 people? Would she still have been arrested? More recently, if she had not produced the two Dong Tam reports, would she be in jail right now? (Dong Tam, a village on the outskirts of Hanoi, was “the target of a violent raid by police January 2020 with the aim of suppressing resistance by residents contesting the seizure of their land by the authorities,” reports Reporters Without Borders.)

    She often told me that these things are not difficult to accomplish and that there are many people who share similar ideas with her. If so, why are there so few people standing up for what is right? Granted, some people do, and Doan Trang was one of them. Yet because of inaction, apathy, or fear, she and the handful of brave, noble souls like her shoulder the entire risk.

    Many of them will go to jail, while those who are content to watch from the sidelines will get angry again. They will once again clamor for the release and freedom of those imprisoned. But in the end, nothing gets done. Rinse and repeat.

    Will we Vietnamese forever play the same old games with the government? Will we continue to sheepishly and ineffectively demand the release of our friends? Then, when nothing gets done, will we once again forget and return to the tolerated normalcy of life in this great prison that the government has made?

    Things will be different if more people actively do their part to create social change, just like Doan Trang. Doing so has two advantages.

    The first is to “share the fire” with those still fighting to reduce their risk and limit their chance of getting captured. Government resources are limited, and they can only invest in monitoring and controlling a few people.

    Those outside Vietnam can do their part as well. For instance, to write something similar to the Dong Tam Report, we just need to collect data on the internet and conduct interviews online or through the phone. It is not necessary to live in Vietnam physically to accomplish these tasks.

    The second is to normalize press freedom, independent publishing, and political activities considered “sensitive.”

    When these activities become commonplace, the government will be forced to accept them. This was observed in the past when private businesses were considered illegal. Nonetheless, they continued to operate, and gradually the government had to admit that these establishments were a fundamental component of the country’s economy. Since 1986, the state no longer considers owning a private business a criminal offense.

    For me, the best way to help Doan Trang and people like her is to play a more active role. Eventually, everyone will benefit when the political space expands. No one will ever be arrested or imprisoned again for writing or publishing books. I will no longer have to clamor for one person’s freedom every single time someone gets arrested. I will finally be able to rest.

    Calls for freedom are good, but they are often not enough. We should release ourselves from the shackles of fear, apathy, and apprehension to actively fight for progress and change.

    Doan Trang has completed her mission and the responsibility now falls on our shoulders. Even if she were to be released tomorrow, even if she chooses to stay in Vietnam or decided to leave, the fight continues in each one of us.

    And if you love Doan Trang, I implore you to do what she would have done.


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  • Pham Doan Trang in German PEN – Vietnam: Pham Doan Trang wird Ehrenmitglied des deutschen PEN

    According to a Press Release, Pham Doan Trang becomes an honorary member of German PEN.


    Press Release:

    Note:  Original texts in German.

    Darmstadt, May 18, 2021. The German PEN Center appoints the independent journalist Pham Doan Trang as an honorary member and calls for her immediate release. She is considered one of the most prominent critics of the Vietnamese government and was arrested at her home in Ho Chi Minh City on October 6, 2020. She faces up to 20 years in prison for alleged propaganda against the state.

    “Vietnam is one of the countries in the world where freedom of expression is particularly severely restricted. The Communist Party persecutes media workers with relentless severity, so Trang has been banned from contact with her family and her lawyer. We demand the immediate and unconditional release of our honorary member Pham Doan Trang and assure her of our full solidarity,” said Ralf Nestmeyer, Vice President and Writers-in-Prison Officer of the German PEN.

    Pham Doan Trang founded the online magazine Luât Khoa and is an editor at thevietnamese. Both media make it easier for Vietnamese citizens to understand the country’s laws, defend their rights and oppose the authoritarian rule of the Communist Party. A month before her arrest, Trang published a report for which she had researched a violent police raid on a village on the outskirts of Hanoi, where residents were resisting the authorities’ confiscation of their land.

    Because of her work, Trang was repeatedly targeted by the Vietnamese authorities. In August 2018, she was beaten in police custody and required hospital treatment. In prison, she is now at risk of being abused again. In 2014 she was a Feuchtwanger Fellow at Villa Aurora in Los Angeles and in 2019 she received the Press Freedom Award for particularly effective journalism from Reporters Without Borders.


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  • LIV in Privacy Laws & Business International Report Vietnam: Data Privacy in a Communist ASEAN State

    Vietnam is now proposing to enact a comprehensive data privacy law for the first time. A draft Decree on Personal Data Protection (‘Decree’) released for public consultation by the Ministry of Public Security (MPS). This article analyses this proposed law by comparison with international standards, and previous Vietnamese practice.


    Excerpt:

    Processing personal data without the person’s consent (including for secondary processing) is only allowed in various situations of public interest, emergencies, for statistics or research after de-identiJication, and where ‘according to the provisions of law’ (art. 10). One criticism of this last exception is that it is ‘a loophole that is widely used in the legal system of Vietnam to give the government’s executive branch, especially ministries, an almost unlimited ability to interpret laws and regulations using circulars and executive decisions’. There are no ‘legitimate interest’ exceptions allowing such processing.


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  • Pham Doan Trang in Amnesty International Viet Nam: Let us breathe! Censorship and criminalization of online expression in Viet Nam

    Last year, Amnesty International talked Pham Doan Trang, co-founder of Luat Khoa Tap Chi, an independent online legal magazine.  Trang explained: “There are hundreds of newspapers, but there is only one chief editor who decides what appears in every newspaper in Viet Nam and that person is the head of the [Communist Party of Viet Nam’s] propaganda department.”

    Pham Doan Trang is now one of the country’s prisoner of conscience.

    Title: Viet Nam: Let us breathe! Censorship and criminalization of online expression in Viet Nam
    Publish Date: November 20, 2020
    Publisher: Amnesty International


    Excerpt:

    In recent years, the Vietnamese authorities have mounted a major crackdown against those who express critical views online. This report reveals how social media users in Viet Nam face the constant threat of arbitrary arrest, prosecution and other forms of harassment in retaliation for exercising their right to freedom of expression online. In addition to state repression, social media users are increasingly faced with arbitrary censorship when they seek to share critical views online. As this report details, some of the world’s largest technology companies – Facebook and Google – are playing an increasingly complicit role in the Vietnamese authorities’ censorship regime.


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  • LIV’s Trinh Huu Long and Pham Doan Trang in Nasher: Grim picture of publishing in Vietnam

    Legal Initiatives for VIETNAM co-founder Trinh Huu Long expresses his apprehensions on freedom to publish in Vietnam, citing the “untouchables” in Vietnam.  Pham Doan Trang joins the session with a pre-recorded message, as she receives the IPA’s Prix Voltaire, its freedom to publish prize for her courage to o publish works critical of the government and calling for democracy in Vietnam.

    Title: Grim picture of publishing in Vietnam
    Publish Date: October 18, 2020
    Publisher: Nasher News


    Excerpt:

    Trinh Huu Long, editor in chief of Luat Khoa, a Vietnamese language legal magazine, said that there are four “untouchables” in Vietnam.  “You cannot criticize the General Secretary of the Communist Party, the president, the prime minister or the speaker of the House,” he said.  “Everyone fears the government.”

    But there was a hint of optimism.  Long noted that change was inevitable. “Vietnam doesn’t have much choice,” he said.  “It will have to open up to democratic countries for economic development, it will have to become more open and respect the rule of law and human rights – it will become a free country in time.”

    The session included a moving pre-recorded address by the author and journalist and co-founder of Liberal Publishing House, Pham Doan Trang, who was arrested on 6 October.  She has received the IPA’s Prix Voltaire, its freedom to publish prize, and described in her address the difficulties faced by those who choose to publish work critical of the government or calling for democracy.  “We have to move from place to place, we cannot buy printing machinery because it will be picked up by CCTV, so our publishing is about hand-gluing the books.  Book delivery is dangerous too.  The police can disguised themselves as booksellers and make an arrest.  Two book-shippers were arrested and tortured.”

    She concluded her address with these words: “Books are not simply books for us – books mean our lives, books means freedom.”


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