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Joining UN Convention Against Torture Does Not Seem to Stop Police Brutality from Tormenting Vietnam

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Mrs. Nguyen Thi Mai, the mother of Do Dang Du the most famous case in the last two years involving deaths in police detention in Vietnam. Photo Credits: Chau Doan.

Vietnam soon faces the UN’s review compliance on the implementation of the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which it became the 81st signatory on November 7, 2013.

Despite a showing of strong commitment from the Vietnamese Ambassador to the UN at the time of signing, Le Hong Trung, who condemned all “acts of torture and cruel, inhuman or degrading treatment of persons and to better protect and promote fundamental human rights”, police brutality and death in police detention remain some of the most urgent social issues in the country today.

Less than a year since the Vietnam’s National Assembly ratified UNCAT in November 2014 and submitted the ratification to UN on February 5, 2015, 17-year old Do Dang Du died from injuries to the head and body while being held in police custody at Chuong My District, Hanoi on October 10, 2015. His death shocked the nation.

Police records showed Do Dang Du was taken to Bach Mai hospital in early October 2015, where died from head injuries two days after. Photo credits: Anh Ba Sam blog

14 lawyers immediately petitioned to the Minister of Ministry of Public Security (MPS), the Chief Procurator of the Supreme People’s Procuracy, and the Chief of Hanoi Police Department to get the details of his arrest and detention.

As it turned out, Du’s death might have been avoided because he was not supposed to be detained at all.

According to some of the lawyers from this group of 14 who petitioned to review his case, under Section 2 of Article 303 of Vietnam’s Code of Criminal Procedures, a minor being alleged to have committed a “less serious” crime, such as theft, was supposed to be released on his own recognizance. Du’s mother confirmed that he was arrested in August 2015 for stealing two million VND (about 90 USD) from a neighbor and taken into police detention, where he was held until taken to the hospital due to injuries from a physical assault in early October 2015.

Yet, Chuong My District Police stood by and continued to affirm that their detention of Du for some two months was done according to laws. However, other facts surrounding this case compelled people to question police’s involvement in Du’s death and demanded more answers.

First, while Du’s three teenager cellmates were arrested and charged with the assault and battery which caused his death, their reasons for getting into an altercation with Du failed to convince the public and Du’s family. The main perpetrator, Vu Anh Binh, also 17-year old, confessed that he had assigned Du to wash their dishes, but because Du did not wash them well enough, leaving them still dirty, Binh got angry and beat him up.

Attorneys for Do Dang Du’s family after being assaulted. Photo credits: Tuoi Tre newspaper.

Du’s family then retained two attorneys, Le Luan and Tran Thu Nam, from the group of 14 to represent them in the matter of their son’s death, but the lawyers soon became victims of physical violence as well. On November 3, 2015, attorneys Luan and Nam were assaulted by a group of eight thugs on their way to visit Du’s mother. The victims identified one of the perpetrators to be Chuong My District police officer Cuu, and they also told the media that they believed the police had followed them since they agreed to represent Du’s family.

Speaking to BBC News – Vietnamese edition at the time, Attorney Tran Quoc Thuan, former Deputy Director for the Office of the National Assembly, demanded that an independent investigation unit should have been convened to invest the police officers of Chuong My District to avoid conflict of interest. Attorney Thuan also mentioned to BBC that some 226 people had died in police custody in recent years.

Attorney Thuan’s claim was based on Vietnam MPS’ own representation to his former employment, the Office of the National Assembly, in 2015 regarding deaths in police custody from 2011-2014, which curiously was not mentioned by the Vietnamese government in their report submitted in July 2017 to the UN regarding the first year of implementing UNCAT from 2015-2016.

However, in the report to the UN, the government did admit deaths and other incidents of police brutality indeed happened. But the numbers from the government, of course, are nowhere near 226. In fact, it is difficult to decipher the exact number from the 51-page report, which also did not include any allegations of death in police detention that Vietnamese newspapers and social media had reported in 2015 and 2016.

What more disturbing is the fact that the report from the Vietnamese government delineates the reality that police brutality often goes unpunished. Impunity is at the heart of this problem, and the government has yet to demonstrate they have dealt with it efficiently.

For example, Paragraph 100 of the report stated: “From 2010 to 2015, People’s Courts had not handled any cases regarding the obtainment of testimony by duress and bribing or forcing another person to give false testimony or provide false documents”.

Further, it provided that in the same five-year period, the Vietnamese courts “only handled and tried 10 cases with the total 26 defendants who committed torture offenses”. Eight out of those 10 cases involved police officers and prison’s guards. (In Vietnam, prison’s guards are also police officers because according to the laws, the MPS has direct control over all prisons in the country).

The family of a victim in one the newest deaths in police detention in Vietnam took his body to the streets to demand justice in July 2017. Police of Ninh Thuan, Phan Rang Province claimed Nguyen Hong De (26-year-old) had hung himself in the temporary holding cell.

Even when police officers were prosecuted and tried for having committed torture of suspects and/or prisoners, they often received very light sentence. Take for example the case of four police officers of Dak Trung prison in Dak Lak Province, listed in Annex 11 of the Vietnamese government’s report to the UN, none of the police officers involved in a prisoner’s death while in their custody was handed actual prison terms.

These four police officers admitted to using “corporal punishment” on a prisoner, Truong Thanh Tuan, during the morning of September 23, 2010. Tuan died on the way to the hospital the very same evening from “respiratory distress syndrome and cardiovascular collapse”. The officers were tried and convicted of “using corporal punishment” under Article 298 of Vietnam’s Penal Code, and their sentence was the minimum “penalty of warning”, which translated into “no jail time”.

Paragraph 45 of the report, the government acknowledged that their laws allow for many other penal code provisions to prosecute criminal acts that carry “torture nature”, some are specifically applicable to police officers, such as “causing death to people in the performance of official duties” (Article 97), “inflicting injury on or causing harm to the health of other persons while performing official duty” (Article 107), “ill-treating other persons” (Article 110), humiliating other persons (Article 121). Vietnam’s laws also allowed for charging perpetrators with multiple offenses for committing the same criminal conducts.

But in reality, the same report also showed that Vietnam’s justice system had not prosecuted any of the listed perpetrators with multiple charges, even when their laws allow for it. In all of the reported cases, the police officers were charged and tried for only one crime, “using corporal punishment” under Article 298.

Taking into consideration the facts and the applicable laws, people have to ask why the offending police officers were not charged with any other crimes besides “corporal punishment” and thus always received just a slap on the wrists for causing serious injuries and even death to suspects and prisoners?

The difference between only charging the offenders with one crime instead of multiple crimes in Vietnam is quite large, and we could see it by studying the facts in one of the most talked about cases involving police brutality in the past five years, the case of Ngo Thanh Kieu of Phu Yen Province.

According to the government report, the 20-year-old Kieu was arrested for theft in the morning of May 13, 2012. He was then interrogated by several police officers of Tuy Hoa District, Phu Yen Province that day, where he was handcuffed and beaten. He was interrogated multiple times on the same day and continued to be interrogated even after showing obvious signs of physical assault. By 5:40 pm, Kieu died on the way to the hospital from injuries to the head which had caused drama to his skull.

The police officers defendants in Ngo Thanh Kieu’s case at trial. Photo credits: Zing news.

While the involved officers were tried and sentenced to prison from nine months to eight years, they were charged, again, only with “applying corporal punishment” under Article 298. Moreover, the highest-ranking officer involved, Le Duc Hoan, Deputy Head of the Investigation Agency of Tuy Hoa District Police, was only charged with “negligence, causing serious consequences” while carrying out official tasks.

It was Hoan who had ordered the other police officers to conduct the interrogation of the victim even after Kieu had shown signs of suffering rounds of physical assault during the first questioning. Yet in the end, it was also Hoan that received the lightest sentence of nine months and was allowed to serve it on probation, meaning he did not have to spend a single day in jail.

The government’s report to the UN also failed to mention that two of the five defendants appealed and got their sentences reduced sufficiently in September 2016. Nguyen Than Thao Thanh was sentenced to eight-year imprisonment but got reduced to five years, while Nguyen Tan Quang’s two-year imprisonment became two-year probation.

Had they been charged with all of the criminal provisions applicable to their illegal conducts, the offending police officers who caused the death of Ngo Thanh Kieu could have faced up to 30 year-imprisonment on a combined sentencing under Article 50 of the Penal Code if convicted.

The story of Ngo Thanh Kieu is not the last to tell about torture and police brutality in Vietnam. In 2017, I have documented nine cases where people died in police detention from January 2016 to September 2017. To date, no one had yet been prosecuted in relation to these cases.

As long as the problem with impunity continues to be as serious as police brutality in Vietnam, it seems that there is still a long way to go for UN CAT to be effectively implemented. At the very least, however, Vietnam should begin aggressively investigating, prosecuting, and trying the perpetrators according to the standards of their current laws, where multiple charges should be filed against those who committed such horrendous crimes against the victims’ basic human rights and took away their most sacred one, their right to life.

Fair Trials

Self Immolation in Vietnam: A Victim of Injustice’s Agonizing Act In Defiance

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Mr. Bùi Hữu Tuân at the scene. Photo credits: Facebook Trịnh Bá Phương

In the afternoon of July 2, 2018, a man committed self-immolation in the center of Hanoi, Vietnam’s capital city, a few steps away from the Central Citizen Reception Committee’s office on Ngô Thì Nhậm Street.

He was later identified as 58-year-old Bùi Hữu Tuân, former village chief of Đạo Ngạn Village, Hợp Đồng Ward, Chương Mỹ District, Hanoi.

The victim is now in critical conditions with severe burns to the whole body.

Mr. Tuân was charged with Article 356 of Vietnam’s Penal Code for “abusing official position, power in the performance of official duties.”

He was supposed to begin his sentence of 3-year-imprisonment today, July 3, 2018. In the last act of defiance, one day before its commencement, he desperately protested the injustice of the trial and his conviction.

He was charged, tried, and convicted with not only insufficient evidence, but the evidence at trial showed that the prosecution did not even have any evidence for one element of the crime they had charged him with.

His son told VOA Vietnamese in an interview on July 2, 2018, that after Tuân failed to get the Central Citizen Reception Committee’s office agreed to halt his sentencing while reviewing his complaint to the Government Inspectorate, he went outside and committed the self-immolation.

Article 356 prescribes: “Any person who, for personal gain or other self-seeking purposes, abuses his/her power or position in performance of official duties to act against his/her official duties and as a result causes property damage of from VND 10,000,000 to under VND 200,000,000 or infringes upon state interests, lawful rights and interests of another organization or individual shall face a penalty of up to 03 years’ community sentence or 01 – 05 years’ imprisonment.”

From Pháp luật Thành phố Hồ Chí Minh (The Law – Hochiminh City) newspaper, the most damning evidence against Tuân was that he – as the village chief – allegedly accepted money, along with the requests of some 23 families in the village, to ask the local government to give them lands to build their ancestors’ shrines and worship places. Yet, none of this money went to Tuân or any of his two co-defendants, as it was donated to the village.

The local procuracy’s office (the prosecution in Vietnam) and the court further alleged that he had overstepped his authorities in giving out land slots to the villagers, and thus had committed a crime under the above penal code.

According to them, he had abused his “official duties” even though some people questioned whether the village chief position could be considered an “office”.

At the trial court level, Tuân was convicted and sentenced to the maximum term prescribed by law: 5-year-imprisonment. The appeal trial upheld his conviction but reduced the sentence to 3 years.

The appellate court’s decision in upholding his conviction with actual imprisonment was the last straw for Bùi Hữu Tuân, and he committed the unimaginable act of setting himself on fire.

From a legal standpoint, Tuân was correct in protesting his conviction and his sentence because the first element of the crime “abusing official position, power in the performance of official duties” seemed to have been conveniently ignored throughout his criminal proceedings.

In the same article published back in November 2017, Pháp Luật newspaper reported that it was established at trial that all of the money which Tuân and his co-defendants received from the villagers, was donated to various community services projects in the village.

Neither Tuân or any of his co-defendants had used any portion of the money for personal gains.

In other words, it is almost certain that the prosecution would not be able to prove the first element of the crime alleged against him, that he did commit an act for personal gain or other self-seeking purposes.

Worse, the evidence further showed that Tuân did submit the villagers’ requests to the ward’s officials, asking them to give out the land to people for burial and worship purposes. Pháp Luật newspaper also wrote, back in November 2017, that they had interviewed the villagers independently and were told that the local officials were present, at all times, to survey the land with the defendants.

And while Tuân and two of his deputy chiefs were tried and convicted, none of the ward’s officials had to face criminal charges even though the same evidence could be used against them.

By the same token, it could be argued that if the evidence were not enough to file charges against the local officials, then it certainly would not be enough to convict Tuân and the co-defendants.

Undeniably, Tuân’s trial and conviction again delineate the inefficient and broken legal system in Vietnam where people can be charged, tried, and convicted with no evidence to prove the required elements of the crime.

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Freedom of expression

“Minds” over Facebook: Vietnamese Netizens’ Great Cyber Exodus?

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Photo Credit: Adorkableaznbunny

In the past two days, the “F-Generation” of Vietnam started what seems to be an online exodus when many well-known Facebookers announced that they are moving on to Minds.com – an alternate platform for social media.

The “F” in F-Generation stands for “Facebook” as the online social media giant has a dominant presence in the country where some statistics raised the number of users to be between 50 to 60 million.

For about two months, people had been protesting both online and offline against the latest Cybersecurity law which was passed by an overwhelming 86.86% of the National Assembly.

The law raised concerns over Internet users’ privacy, people’s freedom of expression, and their right to access the Internet.

Brad Adams, Asia director at Human Rights Watch, declared: “This bill, which squarely targets free expression and access to information, will provide yet one more weapon for the government against dissenting voices. It is no coincidence that it was drafted by the country’s Ministry of Public Security, notorious for human rights violations.”

In less than two days, some of the prominent Facebookers have received thousands of subscribers over at their freshly minted Minds accounts.

In the same time, reports of pages and personal accounts have been taken down by Facebook also surfaced.

Trương Thị Hà, a victim of police brutality during the last “Black Sundays” protest, announced on Minds this morning that her account has been deactivated by Facebook.

After she posted a letter to her university professor, asking him to explain why he stood there while the police brutalized her during her detention after the protest, that very post was deleted for “violating Facebook community standards” at about 8:30 a.m. Then, her entire account seemed to have disappeared by 10:40 a.m.

According to author Claire Bernish who wrote about Minds back in June 2015, Facebook could finally meet its match. Minds gives users the familiarity with many features they have already accustomed to on Facebook while commits to protecting their privacy.

“Minds takes the government’s eyes out of the equation by encrypting private messages and using open-source code that any programmer can check,” Bernish explained.

“We are a free and open-source platform to launch your digital brand, social network, and mobile app. We are also a social network ourselves. It is a global social network of social networks,” the Minds team declared.

The hacker collective Anonymous also backed Minds, citing the fact that the founders of the new online social media shared the same vision of those who use the Internet for activism.

According to the Wired UK: “Two of those on the Minds team – Bill Ottman and Lori Fena – have strong backgrounds dealing with privacy and freedom of expression issues and are both known for their internet-related activism. It is likely these are the type of people that the company is hoping to attract – those with a cause, who want to build something and share it openly with others who may also have a cause.”

President Trần Đại Quang signed the Cybersecurity bill into law on June 25, 2018, although some 27,000.00 signatures of citizens who had expressed their objection to the proposal of the law, were delivered to his office during the prior weekend.

It seems as if the activists and human rights defenders from Vietnam might have found a friend in Minds because the reason they chose Facebook in the first place, was to use the platform as a tool to advance a cause: promoting human rights and democracy in the country.

While not all of them agreed to the solution of leaving Facebook and saw that as a sign of defeat, the silence from Facebook during the last two months as the Cybersecurity law stormed the nation could force many activists to reconsider whether to continue to use it as their primary platform. Most are still using both platforms, but all seemed to agree that if Facebook agreed to comply with the new Cybersecurity, then it could mean they will have to leave for good.

Vietnamese netizens are no strangers to such online “resettlement.” Back in 2009, when Yahoo 360 blog closed down its operation, Facebook quickly became the next best choice in the country.

Almost ten years later, while Facebook could still enjoy its reign in the country as the most used online social media platform, the power of Vietnamese users should not be underestimated by anyone.

Afterall, Vietnamese are a group of people whose contemporary history entwined with mass migration and exodus. They have a lot of experience with starting over, yet again, and they will not be afraid to do so.

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Human Rights

Black Sundays Report: Vietnamese People’s Response To Police Brutality During June 2018 Protests

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Photo Credit: Nhật Ký Biểu Tình/Protestors' Diary Facebook Page

Civilians, victims of police brutality and arbitrary detention, academics, activists, researchers, and a lot more people from all walks of life inside and outside of Vietnam got together and produced a report on the two “Black Sundays” of June 10 and June 17, 2018.

It is the Vietnamese people’s unified and firm response to the vicious repression by the government during the latest rounds of protest in the country.

According to the Facebook page of Nhật Ký Biểu Tình (Protestors’ Diary), copies of the report have been delivered to the UN OHCHR, other international NGOs working on human rights as well as various foreign embassies.

The full report can be downloaded here.

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