Pham Doan Trang, a Vietnamese activist known for her writing on women’s empowerment and environmental issues, was sentenced to nine years in prison Tuesday for disseminating anti-state propaganda. It was the latest crackdown on dissent in the Southeast Asian country and drew condemnation from rights groups.
The Hanoi People’s Court gave Trang more time in prison than the seven to eight years prosecutors had requested.
Trang, who was repeatedly interrupted by the judge during the trial, denied all charges. Her lawyers said she was informed of her trial date only a day beforehand.
There was heavy security at the courthouse, with riot police on hand and checkpoints on the main roads leading to the area, as well as numerous plainclothes agents.
“The trial was held under tight security control, which is not new for trials of this kind,” said Le Van Luan, one of the five lawyers for Trang. “The judge handed down a sentence that is heavier than what prosecutors recommended. That’s unusual.”Advertisement
“Trang was in good spirits,” he told The Washington Post as he left the courthouse, adding that they would appeal to a higher court within 15 days.
Trang, 43, has written numerous books and co-founded independent media outlets. She also founded the environmental group Green Trees. In 2019, Reporters Without Borders awarded her a Press Freedom Prize.
Despite opening the country to foreign investment and seeking closer ties with the United States, Vietnam’s ruling Communist Party retains tight control of the media and remains deeply intolerant of dissent. In a December 2020 report, Amnesty International said Vietnam held a record 170 prisoners of conscience, 40 percent of whom were incarcerated for sharing posts critical of the government on social media.
Nguyen Quang A, a prominent Vietnamese dissident, said the authorities were afraid of Trang, “the most famous activist in Vietnam.”Advertisement
“By jailing her, they are removing a focal point for dissidents in order to silence others,” Nguyen said. “The message is that the police can arrest anyone, so be obedient.”
A prominent activist and journalist in Vietnam was sentenced to nine years in prison on Tuesday for disseminating information critical of the nation’s government.
Pham Doan Trang, who was arrested last year, received a harsher sentence than the seven to eight years prosecutors had asked for during a trial in Hanoi People’s Court, according to The Washington Post.
The decision to jail Trang, who has written several articles critical of the country’s communist government, the Socialist Republic of Vietnam, was met with widespread condemnation on Tuesday.
The U.S. State Department said in a statement they condemned the jailing of a journalist, saying she did “nothing more than peacefully express her opinions.”
“The United States calls on the Vietnamese government to release Trang, who has been recognized internationally for her work to advance human rights and good governance in Vietnam, and to allow all individuals in Vietnam to express their views freely and without fear of retaliation,” the statement read.
Human rights organization Amnesty International also published a post criticizing Trang’s detention, calling attention to the journalist’s reports about water pollution killing marine life near Vietnam and the construction of a military airport near a village that led to violent clashes.
“It is outrageous that the Vietnamese authorities are convicting Pham Doan Trang, a courageous journalist and human rights defender, who has for years fought for a just, inclusive, and rights-respecting Vietnam,” said Ming Yu Hah, the deputy regional director for campaigns. “Her work should be celebrated and protected, not punished and criminalized.”
Authorities detained Trang in October 2020 in Ho Chi Minh City and charged the author with “making, storing, distributing or disseminating information, documents and items against the Socialist Republic of Vietnam.”
At the time, nations and human rights organizations criticized the arrest as arbitrary and a suppression of freedom of speech and the press.
In a letter to the United Nations, Vietnam officials argued they respect freedom of speech and activism in the country, but wrote they had detained Trang, along with several other activists, for violating Vietnam law. Officials accused Trang of attempting to overthrow the government and “slandering and harming the reputation of individuals and organizations.”
“The arrest of Pham Thi Doan Trang is to investigate violations of the law, abuse of social network and internet to post information that distorts the truth with a view to causing public anxiety,” the letter read.
Publisher: International Publishers Association (IPA)
Excerpt:
On Tuesday 14 December, the Washington Post reported that Vietnamese publisher, author and journalist Pham Doan Trang has been sentenced by the Hanoi People’s Court to 9 years in prison for disseminating anti-state propaganda.
José Borghino, IPA Secretary General, said: All publicly available information about this case, the charges and the process make it impossible to see this as anything but a show trial. The International Publishers Association commends Pham Doan Trang for her bravery in the face of this persecution which can only be intended to intimidate others into silence.
The United States condemns the conviction and sentencing to 9 years imprisonment of noted Vietnamese author and journalist Pham Doan Trang, who did nothing more than peacefully express her opinions. We note as well the recent opinion of the UN Working Group on Arbitrary Detention, which found Trang’s detention to be arbitrary and in contravention of Vietnam’s international human rights commitments and obligations. The United States calls on the Vietnamese government to release Trang, who has been recognized internationally for her work to advance human rights and good governance in Vietnam, and to allow all individuals in Vietnam to express their views freely and without fear of retaliation. We also urge the government to ensure its laws and actions are consistent with the human rights provisions of Vietnam’s Constitution and Vietnam’s international obligations and commitments.
Today the People’s Court of Hanoi sentenced Trang to nine years in prison for “conducting propaganda against the State of the Socialist Republic of Vietnam” under Article 88 of the 1999 Penal Code.
Responding to the sentencing, Ma Thida, Chair of PEN International’s Writers in Prison Committee, said: “This is a reprehensible outcome in a reprehensible case. An act of retaliation aimed at silencing Pham Doan Trang, and at punishing her for the work she has been doing in the name of human rights and freedom of expression, and for speaking uncomfortable truths. She should be immediately and unconditionally freed and all charges against her should be dropped.”
Trang was arrested by the Vietnamese police in Ho Chi Minh City on 6 October 2020. She was held incommunicado from the date of her arrest until October 19, 2021, when she was finally allowed to meet with a lawyer. During this time, she was denied access to adequate medical care, raising serious health concerns in relation to pre-existing conditions such as chronic pain, due to her legs being broken by the police in 2015, and low blood pressure.
On 25 October 2021, the UN Working Group on Arbitrary Detention (WGAD) issued Opinion No. 40/2021 concerning Trang. The WGAD found her detention to be arbitrary and called for her immediate release. Prolonged incommunicado detention is a form of ill-treatment, prohibited by the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Vietnam has ratified.
Trang was charged under Art. 117 of the Vietnamese Penal Code, fora “Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam”.
PEN International has repeatedly called for the release of Trang, and the quashing of all charges against her, alongside the United Nations and other international organizations.
Trang is a prolific author, journalist and leading activist, and has addressed a wide range of human rights issues, including LGBT rights, women’s rights, land rights and freedom of expression. Her work includes Chính trị bình dân (Popular Politics), Cẩm nang nuôi tù (Handbook on Supporting Prisoners), Phản kháng phi bạo lực (Non-Violent Opposition).
Trang has long been involved in peaceful protests against government policies. In May 2019, Pham Doan Trang drafted a letter to be circulated in the eventuality she was ever jailed. The letter can be found here.
More recently, she used one of her reports to shed light on the circumstances surrounding the controversial land dispute in the Dong Tam village, which resulted in the deaths of three policemen and the trial of 29 local villagers.
Trang’ sentencing is the latest example of the Vietnamese authorities escalating crackdown on critical expression in the country. Numerous writers and bloggers have been detained for their writing, including Pham Chi Thanh (also known as Phạm Thành), who in July 2021 was sentenced to five years and six months imprisonment in retaliation for his writing, which criticised Nguyen Phu Trong, the General Secretary of Vietnam’s ruling Communist Party.
PEN International reiterates its calls for the immediate release of Pham Doan Trang, and of all authors, journalists and human rights defenders unjustly detained in Vietnam.
PEN America released a statement in response to news that Vietnamese author, blogger, and activist Pham Doan Trang has been sentenced to nine years in prison by the Hanoi People’s Court.
“The conviction of Pham Doan Trang is an appalling and fundamentally unjust result, following from an unfair trial on politically-motivated charges that treat words as crimes,” said Karin Deutsch Karlekar, director of Free Expression at Risk Programs at PEN America. “This sentence represents a heinous violation of Trang’s fundamental rights and of Vietnamese authorities’ commitments under international law. The result of this sham trial clearly illustrates how Vietnamese officials view public debate and political commentary as a threat to their power. Trang has been a fearless voice for human rights, and with this sentencing, the court has made it clear that they fear the power of her writing. We call upon the Vietnamese government to reverse this shocking injustice by immediately vacating Pham Doan Trang’s sentence.”
A prolific author and a leading voice in Vietnamese civil society, Pham Doan Trang has been recognized internationally for her writings on politics and human rights, making her a target of the state for many years. She was arrested on October 6, 2020, just hours after the 2020 United States-Vietnam Human Rights Dialogue ended, on charges that criminalize “making, storing, distributing, or disseminating information, documents, and items against the Socialist Republic of Vietnam.” Trang was held incommunicado from the date of her arrest until October 19, 2021, when she was finally allowed to meet with one of her lawyers. During her detention, Trang was also denied access to adequate medical care, raising several serious health concerns.
Amnesty International expresses their dismay over Pham Doan Trang’s nine year prison sentence and the continued repression of peaceful human rights activism by the Vietnamese authorities across the country.
Responding to the sentencing of human rights defender and journalist Pham Doan Trang to nine years in prison, Amnesty International’s Deputy Regional Director for Campaigns Ming Yu Hah said:
“It is outrageous that the Vietnamese authorities are convicting Pham Doan Trang, a courageous journalist and human rights defender, who has for years fought for a just, inclusive, and rights-respecting Viet Nam. Her work should be celebrated and protected, not punished and criminalized.
“Pham Doan Trang is a leading voice for human rights in the country. She has stood up for arbitrarily detained activists, written about man-made environmental disasters and most recently challenged the official narrative of the deadly Dong Tam village raid. She has knowingly done so with grave risks to herself.
“The treatment of Pham Doan Trang – encompassing harassment, surveillance, threats, torture and bogus prosecutions – is cruelly emblematic of the Vietnamese authorities’ repression of peaceful human rights activism across the country.
“It is especially egregious that the court is using Pham Doan Trang’s human rights reports and her interviews with international media as evidence of her supposed crimes. These proceedings make a mockery of justice and constitute a clear assault on all human rights defenders in Viet Nam.
“Though behind bars, Pham Doan Trang still inspires countless Vietnamese activists with her widely circulated writings, courage in the face of reprisals, and dogged attempts to get to the truth in a country where authorities tightly control access to information.
“Amnesty International calls for the immediate release not only of Pham Doan Trang but of all unjustly detained human rights defenders in Viet Nam, including land rights defenders Trinh Ba Phuong, Nguyen Thi Tam, and activist Do Nam Trung, all of whom are expected to go on trial this week in Viet Nam.”
Journalist, publisher and IPA Prix Voltaire recipient Pham Doan Trang was charged with “disseminating anti-state propaganda.” Several international humanitarian organizations are lending their voices to condemn conviction and call for her immediate release.
The 43-year-old Vietnamese free-expression activist, publisher, and author Pham Doan Trang won the IPA’s Prix Voltaire in 2020 for the clandestine Liberal Publishing House’s work.
Charge: ‘Disseminating Anti-State Propaganda’
International humanitarian organizations today (December 14) are sharply condemning the news that Vietnamese publisher and author Pham Doan Trang, 43, has been sentenced in Hanoi to nine years in prison. She’s reportedly charged with “disseminating anti-state propaganda.”
The recipient of the 2020 Prix Voltaire from the International Publishers Association (IPA) for Vietnam’s clandestine Liberal Publishing House, Trang had last been in the news in late October when a trial date was understood to have been set for her in early November. At that point, an international cohort of 28 advocacy associations made a joint appeal for her release. As it would happen, the trial seems to have been held a month later than anticipated.
José Borghino, IPA’s secretary-general, today has issued a statement from the association’s offices in Geneva, saying, “All publicly available information about this case, the charges and the process make it impossible to see this as anything but a show trial.
“The International Publishers Association commends Pham Doan Trang for her bravery in the face of this persecution which can only be intended to intimidate others into silence.”
As Chris Humphrey is reporting today for the Washington Post, “In sentencing Trang, the Hanoi People’s Court gave her more time in prison than the seven to eight years prosecutors had requested. Trang, who was repeatedly interrupted by the judge during the trial, rejected all the charges. Her lawyers said she was informed of her trial date only a day before.”
Amnesty International’s Ming Yu Hah, the deputy regional director for campaigns, has also spoken out, saying, “It is outrageous that the Vietnamese authorities are convicting Pham Doan Trang, a courageous journalist and human rights defender, who has for years fought for a just, inclusive, and rights-respecting Viet Nam.
“Her work should be celebrated and protected, not punished and criminalized.”
Trang: ‘In a Less Fortunate Situation’
Pham Doan Trang has an extensive relationship of protest and harsh response from the authorities. It is said that she has a limp because of an injury suffered during an environmental protest broken up by police six years ago.
Trang was given Reporters Without Borders’ 2019 Prize for Impact. It’s write-up of her work said, in part, “The author of many books including one defending the rights of Vietnam’s LGBT communities, she has been beaten by the police because of her work and was detained arbitrarily twice for several days in 2018.”
According to an Agence France-Presse report carried today by the Bangkok Post, during her hearing, Trang testified to being detained 25 times since 2015, and said she had been terrorized by security forces. She’s remembered by many in Vietnam, that report notes, for her 2016 writings on Vietnam’s toxic spill that killed tons of fish and “prompted rare protests across the country.”
The report says that journalists and diplomats were allowed to view her one-day trial via a video feed, the signal of which frequently cut out.
In TheVietnamese, a journalists’ magazine Trang founded, her “final statement” from her trial has appeared today. It reads, in part:
“In a democratic society, if a citizen writes something or responds to interview questions from foreign journalists regarding matters the government doesn’t want to hear, what would be the civilized response? The most civilized response would be for the government to do nothing because a civilized person knows how to respect the opinions and interests of others.
“In a less fortunate situation, if a government has authoritarian tendencies and finds what the citizen says unacceptable, then it could simply write books or articles to rebut that citizen, or even boldly reach out to the foreign press to arrange an interview in which a government representative expresses his/her viewpoint or responds to the citizen in-kind.
“But the Socialist Republic of Vietnam does none of this. Instead, it chooses to respond in a more vile, foolish, and heinous manner, imprisoning its citizens simply because they write works or respond to interviews with foreign journalists.”
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.
PEN America’s Karin Deutsch Karlekar, director of Free Expression at Risk Programs, did not mince her words as she hold the Vietnamese government accountable for freedom of expression and other basic human rights repression, citing the upcoming trial of journalist and human rights defender Pham Doan Trang as one of many politically-motivated criminal cases against journalists and human rights defenders in the country.
The upcoming trial of journalist and human rights defender Pham Doan Trang—set to take place on December 14 despite the strong urging from the United Nations and international organizations to drop all charges against her—highlights the persistence of free expression violations in Vietnam, PEN America said today.
“The international community has made it abundantly clear that the ongoing detention of Pham Doan Trang is unacceptable,” said Karin Deutsch Karlekar, director of Free Expression at Risk Programs at PEN America. “Yet with blatant disregard for international law, the government of Vietnam has continued its efforts to punish her for her peaceful writing and advocacy for human rights. Trang’s detention is, unfortunately, only one of many politically-motivated criminal cases against journalists and human rights defenders that indicate a systemic failure on the part of the Vietnamese government to uphold freedom of expression and other fundamental rights. It’s also important to note that Vietnam’s prosecution of dissidents uniformly falls far short of fair trial standards, and is better understood as sham trials meant to place the judicial seal of approval on governmental repression. Ahead of her December 14 trial, we once again call on the Vietnamese authorities to immediately and unconditionally release her and to drop all charges.”
A prolific author and a leading voice in Vietnamese civil society, Pham Doan Trang has been recognized internationally for her writings on politics and human rights, making her a target of the state for many years. She was arrested on October 6, 2020, just hours after the 2020 United States-Vietnam Human Rights Dialogue ended, on charges that criminalize ‘making, storing, distributing or disseminating information, documents and items against the Socialist Republic of Vietnam.’ She is now being charged under Article 88 of the Penal Code for alleged dissemination of anti-State propaganda. Trang was held incommunicado from the date of her arrest until October 19, 2021, when she was finally allowed to meet with one of her lawyers. During her detention, Trang has also been denied access to adequate medical care, raising several serious health concerns, especially given her preexisting conditions which include low blood pressure and chronic pain due to her legs being broken by the police in 2015.