COMPLAINT AGAINST THE COMMUNIST GOVERNMENT OF VIETNAM: ARBITRARY IMPRISONMENT AND INFRINGEMENT OF THE UNITED NATIONS CONVENTION AGAINST TORTURE

February 16, 2014

                                                        LETTER of COMPLAINT

Respectfully submitted to:

- Office of United Nations High Commissioner for Human Rights
- United Nations Human Rights Council
- Human Rights Watch
- Amnesty International
- Congress of the United States of America
- Congress of the European Union
- Members of the World Trade Organization

We are writing to protest the Vietnamese Communist Party and the Communist Government of Vietnam for their arbitrary arrests of innocent citizens and their violations of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which Vietnam signed on November 7, 2013.

On February 11, 2014, the Government of Vietnam utilized a force of up to 1,000 security and police personnel in Long Hung Commune, Lap Vo District, Dong Thap Province, brutally ambushing a group of 21 citizens including former prisoners of conscience, Hoa Hao Buddhism worshippers, and common folks. These 21 individuals were attacked while they were on their way to visit former prisoner of conscience Nguyen Bac Truyen’s family in Hung Nhon village, Long Hung Commune, Lap Vo District, Dong Thap province. Mr. Nguyen Bac Truyen’s residence was the site of a violent attack and arrest of Mr. Truyen during which personal properties and sacred Hoa Hao shrines were destroyed on February 9, 2014.

Dear Sir and Madame,

The entire group of 21 citizens including women were beaten until covered in blood before they were locked up in a dark, dirty room for almost 48 hours. To make matters worse, the authorities did not provide food or drinking water for the detainees. This cruel mistreatment is clear evidence of the Vietnamese communist government’s violations of UNCAT.

As of present, 18 of the 21 detained individuals have been released. Ms. Bui Thi Minh Hang, Ms. Nguyen Thi Thuy Quynh and Mr. Nguyen Van Minh are still jailed at An Binh prison, which is under the direction of Vietnam’s central Ministry of Public Security. The reason of their imprisonment is “illegal gathering causing serious interference with common traffic” according to Article 245 of the Penal Code of the Socialist Republic of Vietnam.

Dear Sir and Madame,

Government authorities can arrest or detain individuals who breach laws, pose immediate threats to society, or obstruct the investigation, prosecution, or implementation of a verdict. The visit to Mr. Nguyen Bac Truyen’s family, who were suppressed by the Communist Government of Vietnam, did not violate any law or constitute any threat to the Socialist Republic of Vietnam. Therefore the arrests, torture, and detention of the 21 Vietnamese in this case, especially Ms. Bui Thi Minh Hang, not only infringed on Vietnamese laws but also violated the UNCAT, of which Vietnam is a signatory.

The Constitution of the Socialist Republic of Vietnam contains articles regarding individual rights as following:

Article 71 in the 1992 and 2013 versions of Constitution of the Socialist Republic of Vietnam states that “citizens have respectable rights to their individuality protected by laws including life, health, honor, and dignity. No-one can be arrested in the absence of a ruling by the People’s Court or a ruling or sanction by the People’s Office of Supervision and Control, except in case of flagrant offences. Taking a person into, or holding him in custody must be done with full observance of the law”

Article 72 in the 1992 and 2013 versions of Constitution of the Socialist Republic of Vietnam also emphasizes, “persons under wrongful arrest, detention, [or] prosecution are entitled to material compensation and character restoration. Any persons who wrongfully abuse the laws in [carrying out] arrests, detentions, and prosecution that caused damages to citizens are subjected to punishment by law.”

With such clear Constitution and laws, the Communist Government of Vietnam regularly infringes on personal safety and health of their citizens by habitual arrests and detention of innocent citizens. The extent of the problem is so serious that even government-controlled media acknowledges that there are thousands of Vietnamese citizens who suffer forced admittance of guilt, torture, and wrongful convictions. Up until now, there is a total absence of practices in government authority to prevent these illegal acts that breach local laws and the Socialist Republic of Vietnam’s Constitution as well as international conventions to which Vietnam is a member. 

We strongly condemn these crimes against the people and the country of Vietnam by the Communist Government through this newest case of attacks, arrests, and torture of the group of 21 Vietnamese nationals mentioned above including ongoing imprisonment of Ms. Bui Thi Minh Hang, Ms. Nguyen Thi Thuy Quynh, and Mr. Nguyen Van Minh.

We respectfully urge the Office of High Commissioner for Human Rights, United Nations Human Rights Council, Human Rights Watch, Amnesty International, the Government and Congress of the United States of America, the Governments and Congress of the European Union, and Members of the World Trade Organization to re-examine Vietnam’s membership in the United Nations Human Right Council and Vietnam’s membership in WTO due to its very dreadful records on human rights. We respectfully urge the Government and Congress of the United States of America to stop ongoing negotiations regarding Vietnam’s admission into the Tran Pacific Partnership until the Communist Government of Vietnam improves their human rights practices. Americans value and strongly believe that only a free and democratic Vietnam deserves to be a trading partner with the rest of the world. 

Signed by:

- Nguyen Thu Tram, member of 8406 Block, Head of Media Relations for Association of Prisoners of Conscience and Religious Freedom for Vietnam.

Co-petitioners

1. Rev. Thich Thien Minh
2. Father Nguyen Huu Giai
3. Nguyen Dan Que, MD
4. Father Phan Van Loi
5. Reverend Nguyen Hong Quang
6. Venerable Thich Nhat Ban
7. Truong Minh Nguyet, Engineer
8. Le Minh Triet, Buddhism follower
9. Nguyen Bac Truyen, Attorney – former prisoner of conscience
10. Bui Minh Trung
11. Pham Nhat Thinh
12. Tran Van Thuong
13. Huynh Anh Tu, former prisoner of conscience
14. Huynh Anh Tri, former prisoner of conscience
15. Vo Van Thanh Liem, Hoa Hao Buddhist Monk
16. Vo Van Buu, Hoa Hao Buddhism follower
17. Vo Van Bao, Hoa Hao Buddhism follower
18. Bui Thi Thuy
19. Vo Thi Anh Tuyet (Nhu Buu)
20. Vo Thi Nhan
21. To Van Manh
22. Truong Kim Long 

Translation: VFP​

ĐƠN TỐ CÁO NHÀ CẦM QUYỀN CỘNG SẢN VIỆT NAM BẮT GIAM TÙY TIỆN VÀ VI PHẠM CÔNG ƯỚC LIÊN HIỆP QUỐC CHỐNG TRA TẤN