Arbitrary detention and ongoing judicial harassment of human rights lawyer and blogger Le Quoc Quan

Viet Nam

February 21, 2014

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Viet Nam.

New information:

The Observatory has been informed by the VietnamCommittee on Human Rights (VCHR) about the arbitrary detention and ongoingjudicial harassment of Mr. Le Quoc Quan, a human rights lawyer andblogger.

According to the information received, on February 18,2014, the Hanoi Court of Appeals upheld the conviction of Mr. Le Quoc Quan to30 months’ imprisonment on charges of “tax evasion” under Section 161 of theVietnamese Criminal Code.

The Observatory recalls that Mr. Le Quoc Quan has beendetained since December 27, 2013 in the Hoa Lo detention centre No. 1 in Hanoi. In August2013, the United Nations Working Group on Arbitrary Detention(WGAD) declared his detention to be arbitrary and in breach of internationalnorms of fair trial. In its opinion No. 33/2013 adopted in August 2013, theWGAD found that Mr. Le Quoc Quan’s detention “could berelated to his blog articles on civil and political rights. Although the chargeagainst Mr. Quan is one of tax evasion, given Mr. Quan’s history as a humanrights defender and blogger, the real purpose of the detention and prosecutionmight eventually be to punish him for exercising his rights under article 19 ofthe International Covenant on Civil and Political Rights (ICCPR) and to deterothers from doing so”. Consequently, the WGAD requested “the Governmentto take necessary steps to remedy the situation of Mr Le Quoc Quan, which isimmediate release, or ensure that charges are determined by an independent andimpartial tribunal in proceedings conducted in strict compliance with theprovisions of the ICCPR”.

The Observatory strongly condemns the Court ofAppeals’ decision to uphold the conviction of Mr. Le Quoc Quan, as it merelyaims at sanctioning his legitimate human rights activities.

The Observatory urges the Vietnamese authorities toimplement the WGAD's Opinion and release Mr. Le Quoc Quan immediately andunconditionally.

Background information:

Vietnamese authorities have repeatedly harassed Mr. LeQuoc Quan since 2007 because of his human rights activities.

On October 3, 2012, some 50 security police andplain-clothed militia forcibly entered into the head office of Mr. Le QuocQuan's firm in Hanoi and its branch office in Ho Chi Min City. The firmbelonged to Mr. Le Quoc Quan and his two brothers Messrs. Le Dinh Quan and LeQuoc Quyet. Police seized files and documents belonging to the firm, assaultedthe staff, and detained Messrs. Le Quoc Quan and Le Quoc Quyet forinterrogation. On October 30, they returned and arrested Mr. Le Dinh Quan, alsofor alleged tax evasion. Mr. Le Dinh Quan remains detained to date.

On December 27, 2012, police in Hanoi arrested Mr. LeQuoc Quan while he was dropping off his daughter at school. The police alsosearched his office and his home and confiscated various documents. Theyapparently read out a warrant, but did not give it to Mr. Le Quoc Quan’sfamily. Mr. Le Quoc Quan was held incommunicado for the first two months of hisdetention.

On October 2, 2013, a Court in Hanoi sentenced Mr. LeQuoc Quan to 30 months in prison and to a fine of 1.3 billion VND(approximately 45,090 EUR) on charges of tax evasion under Section 161 of theCriminal Code.

Actions requested:

Please write to the authorities in Viet Nam urging them to:

i. Guarantee in all circumstances the physical andpsychological integrity of Mr. Le Quoc Quan, as well as of allhuman rights defenders in Viet Nam;

ii. Release Mr. Le Quoc Quan immediately and unconditionally ashis detention merely sanctions his human rights activities and is contrary tonational and international law;

iii. Putan end to all acts harassment, including at the judicial level, against Mr. Le Quoc Quan and all human rights defenders in Viet Nam;

iv. Comply with the provisions of the UN Declarationon Human Rights Defenders, adopted by the UNGeneral Assembly on December 9, 1998, in particular:

- its Article 1, which states that “everyone has theright, individually and in association with others, to promote and to strivefor the protection and realisation of human rights and fundamental freedoms atthe national and international levels”,

- as well as Article 12.2, which provides that “theState shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

v. More generally, ensure in all circumstancesrespect for human rights and fundamental freedoms in accordance withinternational and regional human rights instruments ratified by Viet Nam.

Addresses:

• H.E. Mr. Pham Binh Minh, Minister of Foreign Affairs, 1 Ton That Dam St., Ba Dinh District, Hanoi, Viet Nam; Fax: +84-4-38231872 / +84 4 379 92 682, Email: bc.mfa@mofa.gov.vn
• H.E. Mr. Nguyen Thai Binh, Minister of Interior, 37A Nguyen Binh Khiem St., Hai Ba Trung District, Hanoi, Viet Nam; Fax: +84-4-39781005
• H.E. Mr. Ha Hung Cuong, Minister of Justice, 56-60 Tran Phu St., Ba Dinh District, Hanoi, Viet Nam; Fax: +84-4-38431431
• H.E. Mr. Tran Dai Quang, Minister of Public Security, 44 Yet Kieu St., Hoan Kiem District, Hanoi, Viet Nam; Fax: +84-4-9420223
• H.E. Mr. Vu Duc Dam, Minister, Office of the Government (OOG), 1 Hoang Hoa Tham St. Ba Dinh District, Hanoi, Viet Nam; Fax: 84-4-80 44130
• H.E. Mr. Nguyen Trung Thanh, Ambassador, Permanent Representation of Viet Nam to the United Nations in Geneva, 30 chemin des Corbillettes, 1218 Grand-Saconnex, Geneva, Switzerland; Fax: +41 22-798 07 24; Email: info@vnmission-ge.gov.vn
• HE Mr. PHAM Sanh Chau, Ambassador, Embassy of Viet Nam in Belgium, Boulevard Général Jacques 1, 1050 Brussels, Belgium. Fax: +32 2 374 93 76; Email: vnemb.brussels@skynet.be / unescochau@yahoo.com

Please alsowrite to the embassies of Viet Nam in your respective country.

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Paris-Geneva, February 21, 2014

Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.