Risk of death sentence for Mr. Nguyen Tien Trung, Mr. Tran Anh Kim, Mr. Tran Huynh Duy Thuc and Mr. Le Than Long

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Viet Nam.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, about the risk of death sentence for 26-year-old IT engineer and blogger, Mr. Nguyen Tien Trung, 60-year-old former army officer, Mr. Tran Anh Kim, 43-year-old Director of One Connection Internet (OCI) and blogger, Mr. Tran Huynh Duy Thuc, and 42-year-old Mr. Le Than Long.

According to the information received, all four above mentioned individuals were arrested around the same date[1]. All four were reportedly first charged with “conducting propaganda” against the State (Article 88 of the Criminal Code), before the authorites recently modified the charge held against them to “attempting to overthrow the State” (Article 79 of the Criminal Code). This charge is more serious and they could face the death penalty if convicted. Their respective trial are reportedly due to take place in January 2010 (it is reported that Mr. Tran Anh Kim’s trial will take place on 28 December 2009).

They are said to be affiliated to the Democractic Party of Viet Nam[2] and had reportedly publicly criticised either border issues relating to China, including a territorial agreement over the Spratly and Paracel archipelagos in the South China Sea, business deals and/or had called for political reform in Viet Nam.

According to the same information received, in August 2009, Mr. Nguyen Tien Trung, Mr. Tran Anh Kim and Mr. Tran Huynh Duy Thuc were compelled to make a public “confession” that was broadcast on television[3]. OMCT fears that they were subjected to torture and other ill-treatment in order to force them to confess. It is known that Mr. Nguyen Tien Trung was held incommunicado for at least three weeks after his arrest in July 2009. OMCT recalls that incommunicado detention facilitates torture and other cruel, inhuman and degrading treatment and is strictly prohibited under international law. Mr. Nguyen Tien Trung was also reportedly only able to see his father twice since his arrest. It is not known whether any of them has been given unconditional and regular access to a lawyer of his choice or his family.

OMCT is gravely concerned about the safety of Mr. Nguyen Tien Trung, Mr. Tran Anh Kim, Mr. Tran Huynh Duy Thuc and Mr. Le Than Long and urges the authorities of Viet Nam to guarantee their physical and psychological integrity, at all times, in accordance with international human rights law.

OMCT is also seriously preoccupied about their arrest and detention, as they appear to be detained solely for the peaceful exercise of their fundamental right to freedom of expression. In addition, OMCT also expresses its deep concern about the fact that their “confession” might have been extracted under torture and other forms of ill-treatment and that the subsequent new charge held against them carries the possibility of death penalty. OMCT is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading punishment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.

Action requested

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

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Nguyen Tien Trung, Mr. Tran Anh Kim, Mr. Tran Huynh Duy Thuc and Mr. Le Than Long;
2. Guarantee unconditional access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent medical doctors and receive adequate medical care in accordance with, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Order their immediate release in the absence of valid legal charges that are consistent with international legal standards, or, if such charges exist, bring them before an impartial, independent and competent tribunal and guarantee their procedural rights at all times;
4. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against them;
5. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

Addresses

• Prime Minister, Nguyen Tan Dung, Government Office, 1 Hoang Hoa Tham St. Ba Dinh district, Ha Noi, Viet Nam, Fax: + 843 804 41 30, Email: vpvp@chinhphu.vn
• Minister of Foreign Affairs, Pham Gia Khiem, Ministry of Foreign Affairs, 1 Ton That Dam St. Ba Dinh district, Ha Noi, Viet Nam, Fax: + 8443 823 1872, Email: bc.mfa@mofa.gov.vn
• Permanent Mission of the Socialist Republic of Vietnam to the United Nations in Geneva, Chemin des Corbillettes 30, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 798 07 24 / 24 69, Email: mission.vietnam@ties.itu.int / info@vnmission-ge.org

Please also write to the diplomatic representations of Viet Nam in your respective country.

Geneva, 24 December 2009

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

[1] Mr. Tran Huynh Duy Thuc was arrested on 24 May 2009. Mr. Nguyen Tien Trung and Mr. Tran Anh Kim were arrested on 7 July 2009. The exact date of the arrest of Mr. Le Thang Long is not known.

[2] An exile political group which speaks out for multi-party democracy.

[3] No information is available as to Mr. Le Than Long.