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Human Rights

Sick And Injured Inmates In Vietnam Face Inadequate Medical Treatment, Torture

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Shackled inmates. Photo credits: The Marshall Project

An inmate who was diagnosed with a brain hemorrhage in January 2019 told his family that he did not get proper treatment and was sent back to prison after about a month in the hospital.

34-year-old Ha Van Truong is currently serving a nine-year-sentence for manslaughter in the case resulting from a land dispute between farmer Dang Van Hien and Long Son Commercial and Investment Company (Long Son), a private company in Dak Nong Province in October 2016.

On March 31, 2019, Truong was, again, admitted to the hospital with the same diagnosis. But his family informed us last night that his conditions have gotten worse. They also stated that during both of his stay in the hospital, he was subjected to shackling – a practice which international human rights law defines as torture.

Last year, the trial of Dang Van Hien and Ha Van Truong received extensive news coverage due to an unusually heightened public sympathy for the defendants, who were perceived as victims of land-grabbing. In Vietnam, land-grabbing has become an increasingly urgent social and political issue that the whole nation often paid close attention to.

After Dang Van Hien was sentenced to death for homicide, more than 3,000 people signed an online petition, asking the president of Vietnam to commute his sentence. Earlier this year, in February 2019, Hien’s case was proceeding towards a trial for cassation – a review of both the law and facts that could give him a second chance at life.

Truong was initially sentenced to 12-year-imprisonment, but an appellate court in Ho Chi Minh City reduced the term to 9 years which again showed the impact of public support on the case.

However, Truong has been a victim of police brutality and torture, and he also did not receive adequate medical care. His family told us that Truong suspected his brain hemorrhage was a result of the injuries he received from police beating during his pre-trial detention. Since then, he has been suffering from a chronic headache, but the prison’s medical clinic only gave him pain reliever medication. He did not receive a proper diagnosis until he fainted and was admitted to the hospital in January 2019.

During his first admission, the authorities waited for two days before informing his family without any specific reasons. Truong was left alone in the hospital with no one to care for him. He was unable to eat solid food, but the police fed him with only rice and pork. The families of other patients had to give him some milk to drink until his family found out about his whereabouts and visited him.

Truong’s current prognosis is not looking too positive. His family said that his body has been frail so he would need assistance to move around and that he often passed out.

In such dire conditions, Truong is still subjected to shackle 24/7 even when he is lying on the hospital bed. Initially, the police chained both Truong’s hands and feet, but now, they only applied such treatment to his feet. The use of shackle on inmates is a violation of the UN’s Nelson Mandela Rules on the treatment of prisoners.

Truong’s situation is not the exception but rather a depiction of the overall picture of prison conditions in Vietnam.

Families of prisoners of conscience and political dissidents, over the years, repeatedly made allegations about the substandard conditions of Vietnamese prison centers and the mistreatment of prisoners, especially those who needed medical care.

In 2014, prisoner of conscience Dinh Dang Dinh, a teacher, passed away shortly after his release from prison. Dinh maintained his innocence until the day he died. He was collecting signatures of residents in his hometown to protest the government’s plan to mine bauxite in the Highlands of Central Vietnam. Dinh was arrested in 2011 and sentenced to 6-year-imprisonment in 2013 for propagandizing against the state. When his health deteriorated, he received a pardon and an immediate release, but it was too late.

His family alleged that the lack of proper medical care and the continued refusal to hospitalize Dinh during his incarceration contributed to his untimely passing.

In March 2019, the UN Human Rights Committee expressed its concerns about the country’s prison conditions, finding that there were: “consistent reports of poor conditions of detention, including overcrowding, use of prolonged solitary confinement, shackling, abuses by other prisoners at the instigation of prison officials, and non-separation of healthy prisoners from those with contagious diseases, intentional exposure of prisoners to HIV infection, denial of medical care; and punitive transfer of prisoners”.

Ha Van Truong remains in critical conditions today, but he has been transferred to Cho Ray Hospital in Ho Chi Minh City – one of the top medical facilities in the country. His family continues to hope and pray for a speedy recovery. But at the same time, they also ask: why didn’t he receive adequate medical treatment during his first hospital admission two months ago?

Free Press

Minister of Propaganda Says Vietnam’s Press Should Serve Party, Prevent “Self-Evolution”

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At a conference on “Strengthening Party-building Work in Press Organizations” last Friday, Mr. Vo Van Thuong, head of Communist Vietnam’s Central Propaganda Committee, reminded attendees that the press must serve the Vietnamese Communist Party (VCP) and the revolution in order to function “stably” and “without error”. 

Referring to a government plan ratified earlier in the year to develop and manage press throughout the country until 2025, Thuong stated that the time for debate had passed and that strict implementation was now key. According to state media and in sentiment echoed by Thuong, the press serves as “an important channel to fight against incorrect information, fake news, news critical of the regime, and that which makes people lose trust in the Party-State.”

In his remarks at the conference, Thuong stressed the importance of ideological work in press organizations and making sure Party cadres and Party members guard against signs of political, ideological, and moral decay. In particular, Thuong warned against signs of “self-development” and “self-evolution”, negative terms that refer to the shift towards liberal democratic values–values which are anathema to the ruling Communist Party.

In this vein, Thuong took to admonishing journalists who lacked “proper training” and were critical of society but not sufficiently critical of themselves. He also stressed the importance of proper training for leadership and suggested greater oversight of the Party committees and organizations involved in press organizations, particularly when it comes to adherence to Party regulations.

“In order to help press organizations develop self-awareness and a more proper nature, we should do as a number of comrades have stated: ‘Sometimes those who educate [Party members and cadres] must themselves be educated’,” Thuong stated.

Thuong reminded attendees that Vietnam’s journalists were journalists of the revolution, journalists of the Party, and journalists of the state; as such, they should work closely with the Central Propaganda Committee, the Ministry of Information and Communication, various central Party committee blocs, and the Vietnamese Journalists Association, in order to strengthen the leadership of the Party.

The plan approved April 2nd of this year also seeks to streamline Communist Vietnam’s press environment, limiting government bodies to one newspaper and one magazine, with a shift to electronic rather than print forms, and with the “Vietnamese Communist Party E-Newspaper” and the Central Propaganda Committee serving as the “core” of the country’s press structure. 

Along with head of propaganda, Thuong is also currently a member of the Politburo (short for “Political Bureau”, the leading body of the Vietnamese Communist Party), and the secretary of the Central Committee (from which members of the Politburo are chosen). In the past, Thuong was deputy secretary of the Ho Chi Minh City (HCMC) Standing Committee, first secretary of the Central Committee of the HCMC Communist Youth Union, and secretary of the Quang Ngai Provincial Party Committee.

According to Reporters Without Borders, Vietnam ranks 176th out of 180 countries in terms of press freedom. Although freedom of the press is guaranteed by Article 25 of the 2013 Vietnamese Constitution, Communist Vietnam is a one-party, authoritarian state that does not tolerate challenges to its power. It controls all official media, newspapers, and publishing houses in the country and regularly censors material that does not conform to sanctioned historical or political narratives.

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Death Penalty

After Decade of Petitions, Vietnam to Re-consider Case of Death Row Inmate Ho Duy Hai

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After more than 10 years of petitioning the Vietnamese government, Nguyen Thi Loan (pictured above) says a huge weight has been lifted off her shoulders. Her son, Ho Duy Hai, who had been found guilty of murder in 2008 and was sitting on Vietnam’s death row for eleven years, now has another chance at life.

On November 30, 2019, the country’s highest prosecutor’s office (the Supreme People’s Procuracy, or SPP) announced that “Ho Duy Hai’s case suffered from serious procedural shortcomings that affected the quality of evidence gathered” to prosecute him.

As such, the SPP has requested that Vietnam’s Supreme Court toss out all previous rulings, including the original 2008 conviction by a Long An provincial court, as well as a 2009 appellate judgment by the Ho Chi Minh City Supreme Court of Appeals which upheld the death sentence. The SPP’s latest request also supersedes its own October 2011 refusal to halt the sentence after repeated petitions from Loan.

Ho Duy Hai’s 2008 case involves the murder of two sisters, Nguyen Thi Thu Van, 22, and Nguyen Thi Anh Hong, 24, who were killed at Cau Voi Post Office in Long An province, which borders Ho Chi Minh City to the southwest. The women, who both lived and worked at the post office, were found at the foot of a set of stairs, two meters apart, with their necks slit and their heads showing signs of blunt force trauma. The robbery and double murders occurred on the evening of January 14, 2008, about 4.5 kilometers from Hai’s house. It was not until two months later that Hai was implicated. He had known the two employees and could not provide an alibi the night of the murders. Police subsequently arrested him and charged him with murder on March 21, 2008.

Ho Duy Hai during his trial on December 1, 2008. Photo: Hoang Phuong / Thanh Nien.

Hai was only 23 when he was sentenced to death on December 1, 2008, but both he and his mother have consistently proclaimed his innocence. Though Hai could not remember clearly what he was doing the night of the murders, he claimed police beat and tortured him into falsely confessing.

Other cited shortcomings in the investigation included a lack of fingerprints at the scene of the crime to corroborate Hai’s “confession”, an inability to confirm the murder weapon(s), purchased items used to replace “lost” evidence at the scene of the crime, inconsistent witness testimonies, and a lack of time of death for the two victims to corroborate Hai being at the scene, among others.

For more than a decade, Hai’s mother petitioned all levels of government to intercede in her son’s case, even holding banners in front of the General Secretary, Prime Minister, and the President’s offices. She also enlisted the help of activists, dissidents, and human rights groups on social media to spread awareness. In December 2014, when Hai was only a day away from lethal injection, the Long An provincial court decided to temporarily suspend his sentence due to uproar over the nagging inconsistences in Hai’s case.

The case became so high-profile that National Assembly (NA) representative Le Thi Nga, who was the deputy head of the NA’s Judicial Committee at the time, became involved. She personally investigated the case’s inconsistencies, confirming that “there were serious violations committed by the police and prosecution in Hai’s case.” Her tenacity, attention to detail, and personal care for Hai’s mother has earned her praise on social media, who have held her up as a model NA representative.

Ms. Le Thi Nga, National Assembly representative, and deputy head of the NA’s Judicial Committee from 2007-2016. She is currently head of the Judicial Committee. Photo: Hoang Long / Vietbao

If the Vietnamese Supreme Court accepts this latest SPP request, then there are two possible outcomes for Hai: his case will either be suspended and all charges dropped or he will be re-investigated and re-tried.

If the Supreme Court decides the former, then Hai will walk away from death row a free man. If it decides the latter, then Hai’s case is essentially back to square-one, as if he had just been arrested. Hai would remain in police custody (i.e. virtually imprisoned, as is Vietnamese custom for those who have been arrested but not yet charged with a crime). The murders for which he was convicted would be re-investigated by police, after which the Long An prosecutor’s office would decide whether to charge Hai with a crime. If they do, then the trial, sentencing, and appeals process would repeat itself. If they don’t, then Hai has yet another path to freedom.

Regardless of the outcome, Hai’s mother is all gratitude for what has been achieved so far: “I want to thank every soul, both inside and outside the country, for caring so deeply for Hai. I will be grateful to you all for the rest of my life, for supporting my family and walking together with us on this long path.”

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Freedom of expression

Two Human Rights Groups Issue Joint Statement Against Harassment of Independent Publishing House

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Amnesty International and Human Rights Watch have condemned the Vietnamese government for their escalating harassment of an independent publishing house.

Liberal Publishing House, established February 14th, 2019, seeks “to promote human rights and freedom of information in Vietnam by printing and publishing books without censorship from the Vietnamese government”, in a mode similar to samizdat operations in former communist countries of Eastern Europe.

In a statement issued November 27th, Amnesty International and Human Rights Watch stated that Vietnamese “police have harassed and intimidated dozens of people connected to the Liberal Publishing House […] in what appears to be a targeted campaign” against both the publishing house’s readers and workers.

The statement also describes a situation in which police “detained and allegedly tortured a man in custody on October 15 in Ho Chi Minh City, allegedly to force him to confess to working for the publisher. Police detained him for more than 12 hours, during which time he was repeatedly beaten until his nose bled. Since being released he has gone into hiding, fearful of re-arrest.”

The police harassment has been nationwide, striking the three major Vietnamese cities of Hanoi (north), Hue (center), and Ho Chi Minh City (south), as well as the central provinces of Quang Binh and Quang Tri, the south-central province of Phu Yen, and the southern province of Binh Duong. Readers have reportedly been called into police stations for questioning and forced to sign statements declaring they will no longer purchase books from Liberal Publishing House; workers have reportedly been ensnared in police traps while carrying out deliveries.

Liberal Publishing House has acknowledged the police harassment and issued to its readers a series of precautions to take when ordering books, as well as what and what not to say when confronted by police. It has also made available for free a digital copy of its book A Handbook for Families of Prisoners to inform readers of their rights and guide them through the legal process.

Liberal Publishing House’s other titles include Politics for the Common People, Non-Violent Resistance, and the English-language title Politics of a Police State. Dissident blogger Pham Doan Trang, who recently received the 2019 Press Freedom Prize for Impact from Reporters Without Borders in September, is one of the publishing house’s main contributors.

Although freedom of the press is guaranteed by Article 25 of the 2013 Vietnamese Constitution, the Socialist Republic of Vietnam is a one-party, authoritarian state that does not tolerate challenges to its power. It controls all official media and publishing houses in the country and regularly censors material that does not conform to sanctioned historical or political narratives. 

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