May 4, 2009

III. Trade Unionists Arbitrarily Arrested, Detained, or Imprisoned Since 2006

At least eight trade unionists have been arrested since 2006 and sentenced to prison on national security charges. Of those, three remain in prison and at least two under administrative probation or house arrest imposed on political prisoners upon release from prison. The other three, while released from prison, are subject to regular detention and interrogation by police, intrusive surveillance, and harassment by vigilantes. In addition, other prominent advocates of democratic reforms, labor rights, and religious freedom—such as veteran dissident Thich Quang Do, leader of the banned Unified Church of Vietnam—have been under house arrest for many years. None of these activists should ever have been arrested, detained, or imprisoned.

All have been held under laws that violate fundamental freedoms; those who have been tried have not been afforded internationally recognized due process rights. Some of those arrested were proponents not only of independent trade unions, but democratic reforms in general, with several playing key roles in launching opposition parties. The authorities have charged them with “national security offenses” under the penal code, specifically: “conducting propaganda” against the state (article 88), “abusing democratic freedoms” to infringe upon the interests of the state (article 258), “disturbing social order” (article 245), and “espionage” (article 80).

In one case, Vietnamese agents may have abducted a labor activist who fled to Cambodia to escape persecution in Vietnam. Below we describe the cases of some of the activists who have been arrested, detained, placed under house arrest, imprisoned, or gone missing since 2006 in violation of international law.  

Huynh Viet Lang

Huynh Viet Lang (also known as Huynh Nguyen Dao), 41, a member of the People's Democratic Party (PDP),  issued a paper harshly critical of labor rights violations in Vietnam in February 2006 entitled “Stand Up for Democracy in Vietnam.” He was arrested in August 2006 in Ho Chi Minh City for distributing and posting online political documents, along with PDP members Do Thanh Cong, Le Nguyen Sang, and Nguyen Bac Truyen. In May 2007, he was sentenced to three years in prison on charges of conducting “anti-government propaganda.” Huynh’s sentence was reduced upon appeal to 30 months’ imprisonment. He was released in February 2009.

Doan Huy Chuong (aka Nguyen Tan Hoanh)

One of the founders of UWFO, Doan Huy Chuong, 24, worked in a seafood company in Quang Nam Province before moving to Ho Chi Minh City, where he led several labor strikes.He was arrested right before the APEC meetings in Hanoi on November 14, 2006, along his two younger brothers, who were subsequently released. Chuong was accused of “distorting the facts” in interviews with international media, including Radio Free Asia, by charging that the Vietnamese government committed labor rights violations and arrested peaceful protesters. In December 2007 the Dong Nai People’s Court sentenced him to 18 months in prison for “abusing democratic freedoms.” In February 2008, his sentence was upheld upon appeal. He was released on May 13, 2008 after serving his sentence.

Chuong reportedly suffered physical and psychological mistreatment during his imprisonment, including placement in solitary confinement for 48 days. Since his release from prison, Chuong has continued to suffer from numbness, migraines, and respiratory problems. His father, Doan Van Dien, who was arrested in November 2006, remains in prison (see below).

Tran Thi Le Hong (aka Tran Thi Le Hang; Nguyen Thi Le Hong)

One of the founders and representatives of the UWFO, Tran Thi Li Hong, 49, was arrested in Ho Chi Minh City in November 2006, after she issued a public appeal on November 14 protesting the arrest of UWFO co-founder Doan Huy Chuong and his two younger brothers. A farmer and a worker, Hong had participated in several labor strikes in Dong Nai Province. She was also a member of the People’s Democratic Party (PDP), which was founded in Vietnam in January 2005 to advocate for democracy and a multi-party political system.

In December 2007 Hong was sentenced to three years in prison by the Dong Nai People’s Court for “abusing democratic freedoms.” In February 2008, her sentence was upheld upon appeal. She was reportedly released from B-5 Prison in Dong Nai Province in February 2009.

Doan Van Dien

A UWFO member from Dong Nai Province, Doan Van Dien, 54, was arrested on November 15, 2006, after voicing concerns about the arrests of his sons the previous day. Dien was accused of distributing anti-government leaflets and collecting farmers’ complaints about government confiscation of their land, and passing the information to international news sources before the November 2006 APEC summit in Hanoi. In December 2007, Dien was sentenced to four-and-a-half years in prison by the Dong Nai People’s Court on charges of “abusing democratic freedoms.” In February 2008, a Vietnamese court upheld his sentence upon appeal. A member of the Mennonite Church, Dien had previously been arrested in 2006 for his religious activities. He is currently imprisoned at B-5 Prison in Dong Nai Province.

Nguyen Thi Tuyet

A worker and member of UWFO, Nguyen Thi Tuyet was arrested on November 15, 2006 after participating in several labor strikes in Dong Nai Province. In December 2007 she was sentenced to 18 months’ imprisonment,upheld upon appeal in February 2008. While it is likely that she has been released for time served, her current whereabouts are unknown.

Ly Van Sy

A farmer and member of UWFO, Ly Van Sy was arrested in Ho Chi Minh City in November 2006. There are no details about whether he was tried and on what charges. He was reportedly released from prison in March 2007, but his current whereabouts are unknown.

Nguyen Tuan

A UWFO member from Ho Chi Minh City, Nguyen Tuan was arrested on November 18, 2006 and detained at 4 Phan Dang Luu in Ho Chi Minh City. Details about his trial and sentencing are unknown. As of April 2009, his status was unknown.

Le Ba Triet

A UWFO member from Ho Chi Minh City, Le Ba Triet was arrested on November 18, 2006 and detained in 4 Phan Dang Luu in Ho Chi Minh City. Details about his trial and sentencing are unknown. As of April 2009, his status was unknown.

Tran Quoc Hien

A lawyer from Ho Chi Minh City, Tran Quoc Hien, 44, was arrested on January 12, 2007, just two days after he publicly emerged as spokesperson for UWFO. As director of a law firm

in Ho Chi Minh City, Hien was known for defending farmers  whose land was confiscated by the government and for publishing articles online, such as “The Tail,” in which he described life under government surveillance. Tran Quoc Hien was sentenced on May 15, 2007 by the Ho Chi Minh City People’s Court to five years’ imprisonment and two years’ house arrest on release for “spreading anti-government propaganda” and “endangering state security.” Authorities accused him of having “joined reactionary organizations” including Bloc 8406, inciting demonstrations, and posting “distorted” articles on the internet.He is currently imprisoned at Camp Z-30A in Xuan Loc District in Dong Nai Province, one of the main prisons in Vietnam for political prisoners.  In February 2009, he joined a three-day hunger strike with other political prisoners to protest harsh conditions.

Le Thi Cong Nhan

A human rights lawyer and democracy activist, Le Thi Cong Nhan, 31, was arrested in Hanoi on March 6, 2007. She was a founding member of the Committee for Human Rights in Vietnam and spokesperson for the Vietnam Progressive Party, one of several opposition parties that surfaced during 2006. She was also a vocal advocate for establishment of independent unions in Vietnam and in 2006 wrote a comprehensive essay on the need for protection of labor rights entitled “Legislative Aspects of Industrial Actions and the Need for Independent Unions in Vietnam.” In October 2006, she was denied a passport in order to attend a conference in Warsaw, Poland on workers’ rights in Vietnam. Crimes listed in her indictment include “misinterpreting the state’s policies regarding labor unions and workers in Vietnam,” joining the Block 8406 democracy movement and the Vietnam Progressive Party, conducting human rights seminars, and possessing and distributing documents promoting human rights and democracy. On May 11, 2007, the Hanoi People’s Court sentenced her to four years in prison, later reduced upon appeal in November 2007 to three years, on charges of “disseminating propaganda against the government.”

Tran Khai Thanh Thuy

A well-known author, poet, and journalist, Tran Khai Thanh Thuy was one of the founders of the Independent Worker’s Union in October 2006. In December 2006, she started an association for victims of land confiscation in Vietnam (Hoi Dan Oan Viet Nam) and she also served on the editorial board of To Quoc (Fatherland) Review, a pro-democracy bulletin printed clandestinely in Vietnam and circulated on the internet.  Prior to her arrest in April 2007, Thuy was frequently detained, interrogated, and harassed by authorities. In November 2006, she was dismissed from her job as a journalist. During the APEC meetings that month, she was locked in her house by authorities and remained under effective house arrest afterwards. On March 10, 2007, police searched her home and confiscated her computer, cell phone, and hundreds of complaint letters filed by farmers protesting loss of their land. Thuy was arrested at a bus station in Hanoi in April 2007 and charged with conducting “anti-government propaganda” and “disturbing social order”. During her more than nine months of detention at Thanh Liet Detention Center (known as B14 Camp) in Hanoi, authorities prohibited Thuy from receiving visits or letters from her family. Only the second charge, disturbing social order, was maintained at her trial in January 2008, where she was sentenced to nine months and ten days, or time served, and released. Upon her release, police informed her that she must undergo two-years’ administrative surveillance although this was not included in her court sentencing and prison release documents. As of April 2009 she continued to face intense harassment, with police refusing to intervene when local thugs threw feces and garbage at her house on numerous occasions.

Nguyen Khac Toan

One of the founders of the IWUV, Nguyen Khac Toan, 53, is a democracy activist and former political prisoner. A former soldier in the North Vietnamese army, Toan has drawn the government’s ire since 2000 for launching underground pro-democracy publications, writing about farmer protests against land confiscation and corruption, and attempting to form an anti-corruption association. He was arrested in 2002 at an internet cafe and sentenced to 12 years’ imprisonment on espionage charges. In January 2006, he was released after four years in prison, but placed under two years’ house arrest. Shortly after his release he issued public statements calling for greater freedom of expression, multi-party democracy, and the release of political prisoners.

In April 2006 he joined 118 other signatories of the Bloc 8406 democracy petition. In August 2006 as he was preparing to launch a democracy publication (Freedom and Democracy) with other activists, police raided his home, confiscating his computer, books and documents. In October 2006 he announced the formation of the IWUV, along with 13 other activists, in a letter to the president of Vietnam and the Vietnam Confederation of Labor that was posted on the internet.

During the November 2006 APEC meeting in Hanoi, police prohibited Nguyen Khac Toan from leaving his house or receiving visitors, placing an English-language sign on his door stating “Security area. No foreigner allowed.” In February 2008 police prevented him from leaving his home to attend the funeral of another prominent dissident. He remains under surveillance, with police regularly summoning him for interrogation and searching his house, and confiscating his computer and personal papers on more than one occasion.

Le Tri Tue

One of the founders of the IWUVN, Le Tri Tue, 30, went missing in May 2007 after fleeing to Cambodia to seek political asylum. Human Rights Watch is deeply concerned that he may have been abducted by Vietnamese government security agents—who have unlawfully snatched Vietnamese in Cambodia in the past—and imprisoned in Vietnam or killed. In March 2008 the US State Department report on human rights in Vietnam noted grimly that “Le Tri Tue was still missing... amid rumors that Vietnamese government security agents had killed him.”

After serving in the navy for five years, Le Tri Tue worked as a businessman. Le Tri Tue left his business in 2004 to engage in social activism on behalf of people whose land and property had been confiscated by the Vietnamese government. In October 2006 he founded IWUVN together with other Vietnamese activists, serving on a three-person interim executive committee.  Le Tri Tue was  also one of the 118 founding members of the Bloc 8406 democracy movement.  Vietnamese police arrested and interrogated Tue numerous times in 2006 and 2007 and placed him under surveillance

Le Tri Tue was beaten in the street by police and unidentified agents at least two times during 2006 and 2007. In March 2007, police interrogated Tue on two occasions. They threatened to imprison him unless he revealed the names of other Bloc 8406 activists, condemned the democracy movement, and declared publicly and in writing that he would withdraw from Bloc 8406 and IWUV. 

Tue fled to Cambodia on April 11, 2007, where he registered with the office of the UN High Commissioner for Refugees in Phnom Penh as an asylum seeker. On May 6, 2007, Le Tri Tue went missing from the guesthouse where he was staying in Phnom Penh, and has not been seen or heard from since.

Chronology of events preceding the “disappearance” of Le Tri Tue

  • June 19, 2006: Police arrest and detain Le Tri Tue in District 4 police station in Ho Chi Minh City for two days and one night. He is accused of leading a farmers’ land rights demonstration  and charged with violating national security.
  • June 29, 2006: Police arrest, detain, and interrogate Le Tri Tue.
  • September 7, 2006: Police arrest and detain Le Tri Tue in Thai Binh Province.
  • October 8, 2006: Le Tri Tue signs a group letter protesting the confiscation of books, computers, and documents from democracy activists.
  • October 20, 2006: Le Tri Tue and 13 other activists publicly announce the creation of the Independent Worker’s Union of Vietnam (IWUV) in a letter to the president of Vietnam and the Vietnam Confederation of Labor that is posted on the internet. Tue is identified as one of three Interim Executive Committee members of the IWUV.
  • October 22, 2006: Police arrest and interrogate Le Tri Tue about his involvement in the IWUV.
  • November 11, 2006: Radio Chan Troi Moi (New Horizon) interviews Le Tri Tue. He describes being harassed by police throughout his involvement with the Independent Worker’s Union of Vietnam.
  • November 13, 2006: Police forcibly escort Le Tri Tue for questioning at District 4 police station in Ho Chi Minh City.
  • November 18-19, 2006: Police detain Le Tri Tue at District 4 police station during the APEC summit.
  • November 30, 2006: Ho Chi Minh City police summon and interrogate Le Tri Tue at District 4 police station.
  • December 12, 2006: Police ransack Le Tri Tue’s room without a warrant, inventory his equipment and personal items, and document his computer files while he is being held at District 4 police station.
  • January 1, 2007:  Le Tri Tue is taken into custody and detained at the Phu Nhuan District police station in Ho Chi Minh City from 8:45 a.m. to 4:00 p.m.
  • January 24, 2007: Police interrogate Le Tri Tue from 1:30 p.m. until 4:00 p.m. about his involvement in Bloc 8406, the Independent Worker’s Union of Vietnam, and his connection to democracy activist Do Nam Hai.
  • February 2, 2007:  Le Tri Tue is forced to report to Ho Chi Minh City’s District 4 police station for interrogation.
  • March 15, 2007: Police beat Le Tri Tue on the street in Ho Chi Minh City.
  • March 29—30, 2007: Police detain Le Tri Tue and demand that he declare publicly and in writing that he will withdraw from Bloc 8406 and the Independent Workers’ Union; reveal the names of other activists supporting Bloc 8406; and condemn Bloc 8406 leaders by April 12, 2007, or face immediate imprisonment.
  • April 11, 2007: Le Tri Tue flees Vietnam for Phnom Penh, Cambodia, where he registers as an asylum seeker with the office of the UN High Commissioner for Refugees (UNHCR).
  • April 13, 2007: Radio Free Asia interviews Le Tri Tue in Phnom Penh about his situation.
  • May 2, 2007: UNHCR interviews Le Tri Tue and issues him a Person of Concern certificate affording him a measure of protection while UNHCR assesses his asylum claim.
  • May 2, 2007:  Hai Phong Public Security Police issue a warrant for the arrest of  Le Tri Tue.
  • May 6, 2007:  Le Tri Tue vanishes from the guest house in Phnom Penh, Cambodia, where he had been staying.