Aug 10, 2023 | DFF, Open Letters
Mr. Võ Văn Thưởng
State President
No. 2, Hùng Vương, Ba Đình District
Hà Nội
Việt Nam
[Open letter – URGENT] Việt Nam: Halt the arbitrary execution of death row prisoner Nguyễn Văn Chưởng
Your Excellency,
We, the undersigned organizations, are writing to express our deep concern over the apparently impending execution of death row prisoner Mr. Nguyễn Văn Chưởng. We request that you and the responsible authorities ensure the execution is halted immediately and that you initiate a prompt, impartial and effective investigation into allegations that he was tortured to compel him to “confess” guilt. This “confession” was allegedly unlawfully admitted into evidence and was relied on in convicting him at trial, in contravention of Việt Nam’s international legal obligations.
According to Chưởng’s father Mr. Nguyễn Trường Chinh, he received a notification dated 4 August 2023 from the People’s Court of Hải Phòng, informing him that as Chưởng’s relative, he could apply in writing to receive his son’s ashes or corpse within 3 working days of the notification. It is unclear, however, whether the execution is imminent or has already been carried out.
Particularly given the likelihood that he had been subject to an unfair trial and proceedings that led to his conviction and death sentence, his execution would amount to a violation of the right to life and freedom from cruel, inhuman or degrading punishment under international human rights law and Việt Nam’s international legal obligations. In addition, his execution would perpetrate a grave injustice despite his family’s persistent plea for a comprehensive case review over the past decade.
On 3 August 2007, the Hải Phòng City Police Department arrested then 24-year-old Nguyễn Văn Chưởng, along with Đỗ Văn Hoàng and Vũ Toàn Trung, in connection with the killing of a high-ranking police officer. The primary evidence relied on to convict them was their “confessions”, which the defendants alleged were made under extreme duress and torture.
The investigation conducted by the police was riddled with discrepancies, disregarding crucial evidence in favour of the forced “confessions”. Despite the existence of strong alibi witnesses, the police failed to investigate their validity. Instead, they arrested Chưởng’s younger brother, Mr. Nguyễn Trọng Đoàn, on allegations of manipulating evidence and witnesses. The police reportedly coerced Chưởng’s alibi witnesses by physical force into changing their testimonies.
On 12 June 2008, Chưởng and his co-defendants were tried for murder, and he was given the death penalty. Despite multiple appeals by Chưởng and his co-defendants, as well as the Chief Prosecutor of the Supreme People’s Procuracy of Việt Nam, the Supreme People’s Court of Việt Nam upheld his conviction and death sentence.
By carrying out Nguyễn Văn Chưởng’s death sentence, Việt Nam is piling yet another violation of Mr. Chưởng’s rights on top of the numerous abuses that he was subjected to during the investigation and trial of his case.
Death penalty
By executing Mr. Nguyễn Văn Chưởng, Việt Nam would defy the global trend towards the abolition of the death penalty and the establishment of a moratorium on the use of the death penalty. The UN General Assembly, in repeated resolutions and by overwhelming majorities, most recently in General Assembly Resolution 77/222 of 15 December 2022, has called on all States that retain the death penalty to impose an immediate moratorium on its use, with a view to abolition.
In line with opinions shared by many governments and the United Nations, we emphasize that the death penalty constitutes a denial of the right to life protected by Article 6 of the International Covenant on Civil and Political Rights (ICCPR) to which Việt Nam is a State party; and that it constitutes a form of cruel, inhuman or degrading punishment, prohibited under Article 7 of the ICCPR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). Countries like Việt Nam where the death penalty is imposed must ensure, at a minimum, that it is only used in cases of “the most serious crimes” following a trial that meets the highest level of compliance with international law and standards of fairness. As the UN Human Rights Committee noted: “Violation of the fair trial guarantees provided for in article 14 of the Covenant in proceedings resulting in the imposition of the death penalty would render the sentence arbitrary in nature, and in violation of article 6 of the [ICCPR]” (General Comment No. 36 – Article 6: right to life, UN Doc. CCPR/C/GC/36, para. 41). Chưởng’s trial was clearly neither fair nor compliant with international human rights law.
Allegations of torture
As a State party to the UNCAT and the ICCPR, Việt Nam has an obligation to respect the prohibition of torture and other forms of ill-treatment at all times.
Article 15 of the UNCAT obliges State parties to “ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings.” International law prescribes that State parties must conduct prompt, impartial and thorough investigations when complaints of torture or other ill-treatment are made (Article 12 and 13, UNCAT; and Article 7 and 2(3), ICCPR). In addition, State parties must provide prompt and effective remedies and full reparations for victims of torture and other ill-treatment (Article 14, UNCAT, and Article 7 in connection with Article 2(3), ICCPR).
Appeal
In light of these concerns, we urge you to:
- Immediately notify Mr. Nguyễn Văn Chưởng’s family about his current status;
- Immediately grant him a permanent reprieve from execution;
- Release him or grant him a new trial in line with fair trial standards under international law;
- Initiate a prompt, impartial and effective investigation into the allegations that he was subjected to torture or other cruel, degrading or inhuman treatment with a view to gaining “confessions” and, if proven, bring the perpetrators to justice and provide him and his family with access to an effective remedy and reparation in line with international human rights law and standards; and
- Impose a moratorium on executions with a view to abolishing the death penalty both in law and in practice in Việt Nam.
We thank you for your urgent consideration of these concerns.
Yours sincerely,
Signatories:
Amnesty International
Anti-Death Penalty Asia Network (ADPAN)
ASEAN Parliamentarians for Human Rights
Asia Democracy Network
Asian Forum for Human Rights and Development (FORUM-ASIA)
Centre for Civil and Political Rights
Cross Cultural Foundation
Duayjai Group
International Commission of Jurists
Manushya Foundation
People in Need
The 88 Project
Transformative Justice Collective
Aug 16, 2021 | FoRB, Statements
Dear Vice President Harris,
We, the undersigned individuals and organizations, welcome the White House’s recent announcement that you will be visiting Vietnam later this month. Among the important issues to be discussed with your Vietnamese counterparts, we urge you to press for the release of human rights defender Nguyễn Bắc Truyển and other prisoners of conscience in Vietnam.
In 2018 Nguyễn Bắc Truyển was sentenced to eleven years in prison and three years’ house arrest for “carrying out activities that aim to overthrow the people’s government” under article 79 of the penal code.
The charges against Truyển were completely unfounded and unjust. Truyển, a Hoa Hao Buddhist, has dedicated his life to providing pro-bono legal assistance and support to oppressed religious communities, victims of land grabs, and families of political prisoners. He is deeply committed to the right to freedom of religion or belief, and has worked to build capacity for religious communities so that they can fully exercise their basic rights.
Truyển also meticulously collected evidence submitted to the different UN mandate holders, and provided valuable assistance to the United Nations Special Rapporteur on Freedom of Religion or Belief during the Special Rapporteur’s July 2014 visit in Vietnam.
In retaliation for his human rights work, Nguyễn Bắc Truyển was arrested for the first time in 2006 and sentenced to three and a half years followed by two years’ house arrest. Upon his release he continued to assist prisoners of conscience and their families; the authorities responded by harassing Truyển and his wife, Ms. Bùi Thị Kim Phượng. In the latest Intimidation and Reprisal Report in 2020, the UN Secretary-General expressed concern regarding Truyển’s frail health and the lack of proper medical care in prison.
Truyen’s case has drawn international attention and support. He has been adopted as a prisoner of conscience by Gyde Jensen, Chair of the Human Rights and Humanitarian Aid Committee of Germany’s Bundestag, the US Commission on International Religious Freedom (USCIRF) under its Religious Prisoners of Conscience Project, and Representative Zoe Lofgren under the Defending Freedom Project of the Tom Lantos Human Rights Commission.
On August 13, 2020, 65 current and former parliamentarians from 28 countries sent a joint letter to Vietnam’s Prime Minister, calling for Nguyễn Bắc Truyển’s immediate and unconditional release.
Tragically, Nguyễn Bắc Truyển is not the only prisoner of conscience in Vietnam.
Bùi Văn Trung and his son Bùi Văn Thâm, also Hoa Hao Buddhists, were each sentenced to six years in prison in February 2018 after peacefully protesting against the authorities’ suppression of religious freedom; Tham has reportedly been attacked in prison by another inmate.
Phan Văn Thu, a leader of the banned An Dan Dai Dao Buddhist Sect, is serving a life sentence and is reportedly suffering from multiple health conditions in prison.
Montagnard Christian Pastor Y Yich was imprisoned from 2006 to 2011 and was arrested for the second time in May 2013. He was sentenced to 12 years in prison where he has reportedly been beaten and tortured.
Hoàng Đức Bình, a Catholic activist and blogger, is serving 14 years in prison for participating in peaceful protests about the Formosa-created environmental disaster in 2016.
Human rights organisations estimate that there are over 200 prisoners of conscience in the country, including an increasing number of individuals detained in connection with exercising their right to freedom of expression online, and particularly on Facebook. The Vietnamese authorities continue to supress the rights to freedom of expression, association, and religion or belief, in violation of Vietnam’s obligations under the International Covenant
on Civil and Political Rights.
We respectfully ask that you highlight the case of Nguyễn Bắc Truyển and call for his release, and the release of all people imprisoned or detained for exercising their basic civil and political rights, at meetings with the Vietnamese leadership, in keeping with the Biden-Harris Administration’s commitment to championing human rights in
foreign policies.
Sincerely,
Individuals (*):
Bui Thi Kim Phuong Wife of Nguyễn Bắc Truyển, Religious Prisoner of Conscience, Vietnam
Vo Van Thanh Liem Abbot, Hoa Hao Buddhist Quang Minh Temple, Vietnam Former Religious Prisoner of Conscience in Vietnam
The Most Venerable Thich Thien Minh Unified Buddhist Church of Vietnam Former Religious Prisoner of Conscience in Vietnam
The Most Venerable Thich Nhat Ban Unified Buddhist Church of Vietnam Former Religious Prisoner of Conscience in Vietnam
Rev. Joseph Maria Le Quoc Thang Parish Priest, Phu Hanh Parish, Catholic Church, Vietnam Former Secretary, Committee for Peace and Justice, Catholic Bishops’ Conference of Vietnam
Rev. Nguyen Vu Viet Parish Priest, St. Petersburg Parish, Florida, United States Former Religious Prisoner of Conscience in Vietnam
Rev. Thomas J. Reese, S.J. Former Chair, U.S. Commission on International Religious Freedom
Dr. Katrina Lantos Swett President, Lantos Foundation for Human Rights & Justice Former Chair, US Commission on International Religious Freedom
Nina Shea, Director Hudson Institute’s Center for Religious Freedom Former Vice-Chair, US Commission on International Religious Freedom
Jared Genser Adjunct Professor of Law, Georgetown University Law Center Founder of Freedom Now
W. Cole Durham, Jr. Founding Director, International Center for Law and Religion Studies Brigham Young University
Amjad Mahmood Khan Founding Partner at Brown, Neri, Smith & Khan LLP National Director of Public Affairs, Ahmadiyya Muslim Community USA
Dr. Nguyen Dinh Thang CEO & President, Boat People SOS (BPSOS) Laureate of 2011 Asia Democracy and Human Rights Award
Edward Charles Brown Secretary General, Stefanus Alliance International, Norway
Jan Figel Former Special Envoy for the promotion of freedom of religion or belief outside the EU Former Deputy Prime Minister of Slovakia Former Vice President of the Slovak Parliament
The Honorable Kasit Piromya Former Foreign Minister of Thailand Former Ambassador to the United States Member of ASEAN Parliamentarians for Human Rights
Prof. Dr. Dr. h.c. Heiner Bielefeldt Chair of Human Rights and Human Rights Politics Institute for Political Science University of Erlangen-Nuremberg, Germany Former UN Special Rapporteur on Freedom of Religion or Belief MP
Gyde Jensen (FDP) Chairwoman, Committee on Human Rights and Humanitarian Aid German Bundestag MP
Martin Patzelt (CDU/CSU) Committee on Human Rights and Humanitarian Aid, Rapporteur on Southeast Asia German Bundestag
MP Margarete Bause Spokesperson, Human Rights and Humanitarian Aid Alliance 90/The Greens German Bundestag
Dr Ewelina U. Ochab Co-founder of the Coalition for Genocide Response
Professor The Lord Alton House of Lords, United Kingdom
The Baroness Cox Independent Member of the House of Lords, United Kingdom
Mary Shanthi Dairiam Former CEDAW Committee member, Malaysia
Irene Xavier Executive Director, Persatuan Sahabat Wanita Selangor, Malaysia
Sarajun Hoda Abdul Hassan Social Activist Former Deputy Chair of Bersih 2, Malaysia
Andrew Khoo Advocate & Solicitor Co-chair, Constitutional Law Committee of Bar Council, Malaysia
Hon. Teo Nie Ching Member of Parliament, Malaysia Hon.
Kasthuri Patto Member of Parliament, Malaysia
Prof. Wong Chin Huat Political scientist, Malaysia
Wai Wai Nu Founder & Executive Director, Women’s Peace Network Former Rohingya Prisoner of Conscience in Myanmar
(*) Institutional Affiliation given for purposes of identification only
Organizations:
ASEAN Parliamentarians for Human Rights
Boat People SOS – Religious Freedom Project
Centre for Independent Journalism (CIJ) – Malaysia
Coalition to Abolish Modern-day Slavery in Asia (CAMSA)
Committee for Religious Freedom in Vietnam
CSW, United Kingdom
Freedom House
Human Rights Watch
International Christian Concern
Jubilee Campaign
VETO! Human Rights Defenders’ Network – Germany
Vietnam Coalition Against Torture
Vietnamese Women for Human Rights
May 20, 2021 | DFF, Opinion Articles
By Mu Sochua, APHR Board Member and former Cambodian MP
On May 23, Vietnam will hold elections to elect members of the 15th National Assembly, and the People’s Councils at the local level. A total of 868 candidates will contest 500 seats in the National Assembly.
As in previous elections, the Vietnamese Communist Party (VCP), which runs one of the few remaining single-party states in the world, is expected to dominate the polls and extend its rule for the next five years. Voter turnout on polling day is also expected to be high, if previous elections are anything to go by, despite an intensified crackdown on human rights over the last few years.
Will the election be free and fair?
No. Vietnam falls drastically short of that standard. Free and fair polls must fulfil a range of criteria, including an accountable, fair, and transparent electoral process that reflects the will of the people, and the casting of votes without intimidation in an environment that respects human rights.
Similarly to its neighbor Laos, Vietnam is a single-party state led by the VCP, which tightly controls the electoral process. There is no independent agency overseeing the election, and a lengthy process for selecting candidates ensures that those deemed unfavorable to the party are filtered out, preventing citizens from freely participating in public affairs and any real opposition voices from being heard.
For example, the National Election Commission, established by the National Assembly and responsible for organizing the election, is headed by the Chair of the National Assembly, a high-ranking party member who is also contesting this month’s poll. The candidacy process is closely vetted by the VCP-led mass organization, the Vietnamese Fatherland Front, through several rounds of consultations, in which it uses an opaque process to review and reject candidates who are considered “unqualified.” This year, of the 868 candidates, only nine are self-nominated, six of whom are reportedly VCP members.
Moreover, with key leadership positions and the overall composition of the upcoming National Assembly, including seat quotas for Central Committee members and other groups, already predetermined several weeks before the poll, voters do not have a meaningful choice at the ballot box.
Why are there so few independent candidates?
In addition to a vetting process that favors VCP members, at least two independent candidates have been arrested, and several others intimidated, for their involvement in the upcoming vote, including a human rights defender who was made to sign a statement promising not to compete in the election. Both candidates, Le Trong Hung and Tran Quoc Khanh, have been charged under Article 117 of the Criminal Code for “making, storing, or spreading information, materials, or items” against the state, which carries a penalty of up to 20 years’ imprisonment. Others who had similarly expressed their intention to run as a candidate, or discussed the election on Facebook, have been subjected to days of police questioning and physical assault.
Such reprisals undermine the right to take part in the elections without fear or intimidation, as well as the legitimacy of the vote. Even if these tactics are not enough to scare candidates from withdrawing their nomination, it is unlikely they will make it through the strict vetting process, as seen in the rejection of most of this year’s 77 self-nominated candidates. This is a reflection of the ruling party’s intolerance to opposing views and criticisms.
What can we expect on voting day?
Based on previous polls, on election day we can expect an extremely high voter turnout of close to 100 percent. While the vote is essentially a non-event in Vietnam, one explanation for the high participation is due to the practice of proxy voting, whereby one person can vote for an entire family, defying the concept of universal and equal suffrage. According to a 2015 report, the national average of such a practice in village elections is 28 percent, with women being more than twice as likely as men to have someone else vote on their behalf.
As the VCP is keen to create the perception of an almost unanimous mandate, local authorities are under pressure to ensure a high voter turnout and allow such voting practices to go ahead.
In its last National Assembly, Vietnam had a relatively solid proportion of women representatives (according to IPU, 26.7 percent), including a woman as its previous chair. Do these numbers convert to women’s meaningful participation in politics?
No, because the National Assembly is a rubber stamp legislature that endorses the decisions of the VCP. As the real holders of power belong to members in the party’s Politburo and Central Committee, greater analysis into the party’s structure and composition gives us a better reflection of women’s inclusion in politics. Currently, 9.5 percent of the Central Committee’s members are women, while the 18-member Politburo has only one woman, who heads the Committee’s relatively minor Central Mass Mobilization Department. Hence, women’s actual leadership and political participation is in fact chronically underrepresented within a power structure that is inherently male-centric.
How is the human rights situation in Vietnam?
Appalling and getting worse. Under one-party rule, Vietnam has systematically violated fundamental freedoms; it maintains tight control over the media and has zero tolerance for dissent. The last five years under VCP General Secretary Nguyen Phu Trong has seen an intensified crackdown on dissent, including a marked increase in people arrested for “anti-state” activities. According to rights organization The 88 Project, 2020 saw dozens prosecuted for their peaceful activism, more arrests of women and journalists, and longer jail sentences for those tried under so-called national security laws. There are currently 235 political prisoners in Vietnam, and hundreds more at risk for exercising their basic rights.
The months leading up to the VCP’s January Congress, a quinquennial gathering to determine Vietnam’s top leaders and policy direction, saw a spate of arrests and prosecutions. This included three members of the Independent Journalists Association who were sentenced to harsh prison terms, from 11 to 15 years, under Article 117 of the Criminal Code. According to the U.N., these sentences came amidst an increasing clampdown on freedom of expression.
While online repression is not new, internet freedoms are also increasingly under attack as more people turn to the net and social media to share opinions. According to Amnesty International, the landscape of harassment in Vietnam has shifted significantly to target expression online, including physical attacks, the use of state-sponsored cybertroops, as well as the growing complicity of tech giants, such as Facebook and YouTube, which are increasingly complying with the regime’s censorship demands. In 2020, of the 27 political prisoners designated prisoners of conscience by Amnesty, the group found that 21 were targeted for their online expression.
The atmosphere of the upcoming election will be highly oppressive. Authorities’ actions of locking away critics and shutting down independent voices, within an electoral system that guarantees a VCP victory, only cements the fact that the poll will not be meaningful, and rather a process used to serve the regime’s interests, and ensure their continuity in power. Legitimacy can only be achieved when its people are allowed to choose their own leaders through free and fair elections, something that requires, among other things, the unconditional release of all political prisoners, an end to the relentless harassment of those peacefully exercising their human rights, the reform of election laws, and invitations to independent observers to monitor the elections. Only then will the legitimacy the VCP seeks be truly genuine.
This article originally appeared in The Diplomat.
Dec 1, 2020 | COVID19, DFF, FoRB, Opinion Articles
This article first appeared in The Diplomat
By Kasit Piromya
Three years ago today Nguyen Bac Truyen disappeared from the busy streets of Ho Chi Minh City in Vietnam, while waiting for his wife near his place of work. Later the same day, the Ministry of Public Security (MPS) announced that he had been arrested alongside three other human rights defenders, accusing him of “acting to overthrow the people’s government.”
A member of the Hoa Hao Buddhist community, and a prominent advocate for religious freedom in Vietnam, Truyen’s case is just one example of the dismal human rights situation in the country. Religious minorities and individuals are some of the most heavily targeted.
Internationally, Vietnam has received widespread praise for its successful response to the coronavirus pandemic, having recorded just a few hundred cases and no deaths. However, the very apparatus used to combat the spread of the virus is used by the government to harass dissidents and others whose activities are deemed to threaten the state.
A major reason for Vietnam’s coronavirus success has been the neighborhood wardens who closely monitor communities, and have been able to sound the alarm and put in place heavy restrictions whenever a potential case is detected. This system comes under the remit of the MPS – the shadowy government department that detained Truyen.
Following his arrest, Truyen was held incommunicado for six months before his wife was allowed to see him. He was only granted access to his defense counsel two weeks before his trial, which lasted less than a day and saw him sentenced to 11 years’ imprisonment and three years of house arrest on charges of “carrying out activities aimed at overthrowing the people’s administration.”
It wasn’t the first time Truyen was targeted by Vietnam’s authorities. In 2006, he was sentenced to three and a half years in prison for “conducting propaganda” against the state, and released in May 2010.
His wife, Bui Thi Kim Phuong, has also been harassed. In March 2019, she was prevented from travelling from Vietnam to Germany and the United States, where she had planned to advocate on her husband’s behalf.
Truyen’s detainment is thought to be, at least in part, due to his work advocating for freedom of religion or belief in Vietnam, where the government continues to restrict fundamental freedoms.
According to the United States Commission on International Religious Freedom (USCIRF), a third of Vietnam’s more than 120 prisoners of conscience have been targeted because of their religious affiliation, or advocacy on behalf of freedom of religion or belief. USCIRF has recommended the U.S. Department of State to designate Vietnam as a “country of particular concern” due to its engagement in or tolerance of systematic, ongoing, and egregious violations of freedom of religion or belief.
Those facing abuses include Hoa Hao Buddhists, such as Truyen, Khmer Krom Buddhists, Hmong and Montagnards Christians, the Unified Buddhist Church of Vietnam, and Falun Gong, Cao Dai, An Dan Dai Dao, and Duong van Minh adherents, among others. USCIRF documented cases of prisoners of conscience being denied access to religious texts, visits, and adequate food and medical supplies.
As well as arbitrary arrests and imprisonment, harassment of religious groups in Vietnam comes in the form of interrupted religious ceremonies, the prevention of religious gatherings, forcing individuals to renounce their faith, and in some cases violent physical assault. There have also been reports of authorities destroying religious properties and confiscating land of religious significance under the guise of economic development.
The situation for religious freedom in Vietnam saw another setback in January 2018, when the government enacted the Law on Belief and Religion, which gives the government overly broad powers to restrict the right to freedom of religion or belief. The law also requires religious organizations to register with the state and to regularly report their activities, raising concerns it could be used by the government to further suppress religious groups.
As Truyen, and dozens like him, languish in prison, also concerning is the poor condition of Vietnam’s jails, where there have long been accusations of ill-treatment, forced labor, and deaths in custody.
In Southeast Asia, the dire treatment of prisoners is sadly not unique to Vietnam. Nor is the practice of jailing people for political reasons, or for holding beliefs that the state deems to be against national interests.
Prison systems across the region operate well above capacity, with Indonesia holding almost double the amount of prisoners its network of jails can handle, while the Philippines has almost five times the amount. There are no accurate figures for Vietnam.
There have long been calls for governments in Southeast Asia to decrease their prisoner populations, but the issue has become more pronounced in recent months, with the spread of coronavirus. Public health officials have advised people to remain at least one meter apart from others to stop the virus from spreading, but how do you manage that if you’re crammed into a packed prison cell?
With Southeast Asia’s prisons full to bursting, and a high risk of contagion, what are peaceful human rights advocates still doing behind bars? All prisoners of conscience, including those advocating for religious freedom, across the region must be released immediately and unconditionally.
In the midst of a global pandemic, and on the third anniversary of his arrest, Vietnamese authorities must immediately and unconditionally release Truyen, and everyone who is imprisoned solely for peacefully exercising their human rights. They also need to allow independent religious groups in Vietnam to freely conduct their religious and belief activities without fear of persecution, harassment, and imprisonment.
Kasit Piromya is a former Thai member of parliament and foreign minister, and a board member of ASEAN Parliamentarians for Human Rights.
Nov 9, 2020 | DFF, FoRB, Open Letters
H.E. Mr. Nguyen Xuan Phuc,
Prime Minister of Viet Nam
16 Le Hong Phong Street,
Ba Dinh District,
Ha Noi, Viet Nam
Your Excellency,
Re: Immediately and unconditionally release Mr. Nguyễn Bắc Truyển
We, the undersigned parliamentarians from around the world, have the honour to write to Your Excellency to request that Your Excellency take all the necessary measures to secure the immediate and unconditional release of religious freedom advocate, Mr. Nguyễn Bắc Truyển, and to allow all independent religious organisations in Viet Nam to freely conduct religious activities without fear of persecution, harassment and imprisonment.
It has been three years since Mr. Nguyễn Bắc Truyển was abducted by the Vietnamese police, on 30 July 2017. He was subsequently held in incommunicado detention until his trial on 5 April 2018, when he was sentenced, along with five other human rights activists, to 11 years’ imprisonment and three years of house arrest under Article 79 of the 1999 Penal Code for “carrying out activities aimed at overthrowing the people’s administration.” His appeal was rejected and Mr. Nguyễn Bắc Truyển is now in An Diem Prison, Dai Loc district, in Quang Nam Province.
This is not the first time that Mr. Truyển has been imprisoned for his peaceful activities. He was previously arrested in 2006 and released in 2010 after serving a sentence of three years and six months for “conducting propaganda” against the Socialist Republic of Viet Nam.
Mr. Truyển is a Hòa Hảo Buddhist and a long-standing defender of human rights, including the rights of religious minorities. He founded the Vietnamese Political & Religious Prisoners Friendship Association, an organisation dedicated to assisting prisoners of conscience and their families. As a legal expert, he rendered pro-bono legal assistance to families of political prisoners, victims of land grabbing and persecuted religious communities in Southern Viet Nam. In 2011, he received the Hellman/Hammett award from Human Rights Watch in honour of his human rights advocacy. As a result of his work, Mr. Nguyễn Bắc Truyển has faced years of harassment and reprisals.
We are extremely concerned that the charge against him is completely unfounded and his imprisonment is in direct breach of Viet Nam’s obligations under Article 24 of its Constitution and the various international instruments that Viet Nam has ratified, in particular, Article 18 of the International Covenant on Civil and Political Rights, and Article 22 of the ASEAN Human Rights Declaration.
Further, we are troubled by the fact that Mr. Truyển’s sentence and imprisonment illustrate outstanding issues relating to the right to freedom of religion or belief in Viet Nam. While we recognise some progresses made by Your Excellency’s government, including by allowing registered religious organisations to hold large festivals in public and what appears to be a decrease in the number of attacks by government-affiliated groups against Catholic communities, we are, however, extremely concerned by continued reports of persecution of individuals and religious and ethnic groups solely for the peaceful exercise of their right to freedom of religion or belief
In particular, we are deeply concerned by instances of intimidation, harassment, physical violence, destruction of property, and imprisonment against, Hmong and Montagnard Christians, Catholics, the Unified Buddhist Church of Vietnam, Hòa Hảo Buddhists, Cao Dai adherents, Khmer Krom Buddhists, An Dan Dai Dao, Duong Van Minh, and Falun Gongs solely for peacefully exercising their religious beliefs. In addition, the 2016 law on Belief and Religion, which requires religious groups to register with the government, allows for their harassment.
As the current Chair of ASEAN, we urge Your Excellency to show exemplary leadership in the region by guaranteeing the fundamental freedoms of its people and ensuring that its laws and policies are coherent with its international human rights obligations and the spirit of a people-centered, people-oriented ASEAN.
In view of the above, we urge Your Excellency to:
● Immediately and unconditionally release Mr. Nguyễn Bắc Truyển, and everyone who is currently imprisoned solely for the peaceful exercise of their human rights including their rights to freedom of religion or belief;
● Ensure that all religious organisations and groups, particularly those that are unregistered and unrecognised, are able to peacefully exercise their right to freedom of religion or belief and conduct religious activities freely, and that they are not threatened, tortured or ill-treated, detained or imprisoned for the peaceful practice of their faith; and
● Ensure all domestic legislation addressing religious affairs, including the Law on Belief and Religion, is brought into conformity with international human rights law, including the ICCPR.
Please accept, Excellency, the assurances of our highest consideration.
Yours sincerely,
List of Signatories
Please note that any parliamentarian who has signed this letter has done so in their personal capacity and not in any way representing their political party, government, organization, etc.
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Full Name
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Country
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Current/Former
Parliamentarian
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Lena
Maryana Mukti
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Indonesia
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Former
Parliamentarian
|
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Kasit
Piromya
|
Thailand
|
Former
Parliamentarian
|
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Joel
Voordewind
|
The
Netherlands
|
Current
Parliamentarian
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Cheryllyn
Dudley
|
South
Africa
|
Former
Parliamentarian
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Maria Chin
Abdullah
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Malaysia
|
Current
Parliamentarian
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Dogan Bermek
|
Turkey
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Former
Parliamentarian
|
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Anna
Latuconsina
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Indonesia
|
Current
Parliamentarian
|
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Jamshed
Thomas
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Pakistan
|
Current
Parliamentarian
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Mohammedali
Taha
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Iraq
|
Former
Parliamentarian
|
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Kasthuri
Patto
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Malaysia
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Current
Parliamentarian
|
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Bushra
Butt
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Pakistan
|
Current
Parliamentarian
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David
Anderson
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Canada
|
Former
Parliamentarian
|
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Aykan
Erdemir
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Turkey
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Former
Parliamentarian
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Walden
Flores Bello
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Philippines
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Former
Parliamentarian
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Vladimir
Gjorchev
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North
Macedonia
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Current
Parliamentarian
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Thanh
Hai Ngo
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Canada
|
Current
Parliamentarian
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Arnold
Viersen
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Canada
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Current
Parliamentarian
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Solomon
Maren Bulus
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Nigeria
|
Current
Parliamentarian
|
|
Angel
Alvarado
|
Venezuela
|
Current
Parliamentarian
|
|
Honoré Ngam
|
Cameroon
|
Current
Parliamentarian
|
|
Hon.
Judy A. Sgro
|
Canada
|
Current
Parliamentarian
|
|
Hon
Amadou Camara
|
The
Gambia
|
Current
Parliamentarian
|
|
Lucy
Akello
|
Uganda
|
Current
Parliamentarian
|
|
Steven
Kamsiyamo
|
Malawi
|
Current
Parliamentarian
|
|
Volker
Kauder
|
Germany
|
Current
Parliamentarian
|
|
Nqabayomzi
Kwankwa
|
South
Africa
|
Current
Parliamentarian
|
|
Russ
Hiebert
|
Canada
|
Former
Parliamentarian
|
|
Cathay
Wagantall
|
Canada
|
Current
Parliamentarian
|
|
Kelly
Block
|
Canada
|
Current
Parliamentarian
|
|
Hon
Mbololwa Subulwa
|
Zambia
|
Current
Parliamentarian
|
|
Abel
Pires da Silva
|
Timor-Leste
|
Current
Parliamentarian
|
|
Hon
Lamin j Sanneh
|
The
Gambia
|
Current
Parliamentarian
|
|
Fernanda
San Martin
|
Bolivia
|
Current
Parliamentarian
|
|
Khadija
Elatri
|
Morocco
|
Current
Parliamentarian
|
|
Kristoffer
Robin Haug
|
Norway
|
Current
Parliamentarian
|
|
Heribert
Hirte
|
Germany
|
Current
Parliamentarian
|
|
Sensio
Banda
|
Zambia
|
Current
Parliamentarian
|
|
Kyaw
Min San
|
Myanmar
|
Current
Parliamentarian
|
|
Hon
Amadou Camara
|
The Gambia
|
Current
Parliamentarian
|
|
Phil
McColeman
|
Canada
|
Current
Parliamentarian
|
|
Teodoro
B. Baguilat Jr
|
Philippines
|
Former
Parliamentarian
|
|
Natrah
Ismail
|
Malaysia
|
Current
Parliamentarian
|
|
Noor
Amin Ahmad
|
Malaysia
|
Current
Parliamentarian
|
|
Mu
Sochua
|
Cambodia
|
Former
Parliamentarian
|
|
Elvina
Sousa
|
Timor
Leste
|
Current
Parliamentarian
|
|
Charles
Santiago
|
Malaysia
|
Current
Parliamentarian
|
|
Ramakrishnan
Suppiah
|
Malaysia
|
Current
Parliamentarian
|
|
Meity
Magdalena
|
Indonesia
|
Former
Parliamentarian
|
|
KH
Maman Imanulhaq
|
Indonesia
|
Current
Parliamentarian
|
|
Khalid
Abdul Samad
|
Malaysia
|
Current
Parliamentarian
|
|
Fadil
Zendeli
|
North
Macedonia
|
Current
Parliamentarian
|
|
Bobby
Adhityo Rizaldi
|
Indonesia
|
Current
Parliamentarian
|
|
Dritan
Abazovic
|
Montenegro
|
Current
Parliamentarian
|
|
Joelle
Fiss
|
Switzerland
|
Current
Parliamentarian
|
|
Zubeda
Sakuru
|
Tanzania
|
Former
Parliamentarian
|
|
David
Sweet
|
Canada
|
Current
Parliamentarian
|
|
Amadeus
William Yani
|
Indonesia
|
Former Parliamentarian
|
|
Hon. John
McKay PC
|
Canada
|
Current
Parliamentarian
|
The following (former) parliamentarians are not part of the IPPFoRB and APHR network but have signed in their own capacity:
| Full Name |
Country
|
Current/Former Parliamentarian
|
|
Jeremy
Patzer
|
Canada
|
Current
Parliamentarian
|
|
Alex
Ruff
|
Canada
|
Current
Parliamentarian
|
|
Garnett
Genius
|
Canada
|
Current
Parliamentarian
|
|
Dane
Lloyd
|
Canada
|
Current
Parliamentarian
|
