His Excellency Tran Duc Luong
President, Socialist Republic of Vietnam
C/o Ministry of Foreign Affairs
Hanoi, Vietnam
30 May 2003
Your Excellency,
Detention of Freedom Advocates Under Article 80 I am writing on behalf of members of Western Australia’s Vietnamese community, to seek information about the apparent detention of a number of academics, journalists and religious leaders in Vietnam, following a meeting I had with them 26 February 2003, in which their concerns were raised with me. During this meeting, questions were raised about the extent to which the communist government of Vietnam is upholding its human rights responsibilities to its citizens, by ensuring their right to peaceful freedom of expression.
These rights are enshrined in the Vietnamese Constitution and in a number of international instruments to which the Vietnamese Government is a signatory, including the United Nations Declaration for Human Rights and the International Covenant on Civil and Political Rights. The Free Vietnam Alliance, a group comprised of a number of Vietnamese community organizations, presented me with an extensive list of names of people about whom they are concerned, and many of whom are respected both within Vietnam and internationally, as advocates for human rights and free political expression.
I acknowledge that I do not have access to a)) of the relevant information upon which the Vietnamese Government has based its decisions. However, on the information provided to me it would appear that many of the men listed have been prosecuted, or are under surveillance, for breaches of Article 80 of the Vietnamese Criminal Code.
According to my information, crimes have ranged from posting of information on the internet that is critical of the Government, to organizing conferences, meetings and groups dedicated to the peaceful development of political and religious freedom in Vietnam.
I understand that Article 80, which covers crimes of espionage, carries a sentence ranging from 12 years to the death penalty.
As well as detention and surveillance, it is further alleged that Vietnamese authorities have employed a number of other intimidatory and disruptive tactics including disconnection of telephone services, random searches of people, their homes and visitors, confiscation of property, interrogation and denial of visitation rights. In particular, I am concerned about the apparent detention, police surveillance, house arrest and/or other persecutions of writers Bao Cu, Bui Minh Quoc, Hoang Tien, Nguyen Ngoc Lan, Nguyen Khac Toan, Nguyen Vu Binh, Phung Van My, Pham Que Duong, scientists and academics Ha Si Phu, Le Chi Quang, Nguyen Dan Que, Nguyen Dinh Huy, Nguyen Thanh Giang, Pham Hong Son, Tran Khue, former Communist Party members Tran Dung Tien, Pham Vu Son, Hoang Minh Chinh, and religious leaders Li Quang Liem, Father Chan Tin, Father Nguyen Huu Giai, Father Nguyen Van Ly, Father Phan Van Loi, The Most Venerable Thich Quang Do and Thich Huyen Quang, Rev. Thich Tue Si, and Rev. Thich Tn Sieu. My colleague, Senator Natasha Stott Despoja, wrote to the Vietnamese Ambassador to Australia, His Excellency Mr Vu Chi Cong, in April 2003 to raise these allegations of human rights abuses in Vietnam.
His excellency responded by saying that no prisoners of conscience were being held in Vietnam, and the citizens referred to in the Senator’s letter (Le Chi Quang, Nguyen Khac Toan, and Father Nguyen Van Ly), had been sentenced for violations committed under Vietnamese law.
Following my meeting with members of the Free Vietnam Alliance, I undertook to present an outline of their concerns to the Australian Senate.
This occurred on 4 March 2003 when, in a speech to the Senate, I reflected upon the recent thirtieth anniversary of Australia’s diplomatic engagement with Vietnam, and called upon the Australian Government to look forward to more fruitful and better dialogue and diplomatic relations with Vietnam.
Excellency, I look forward to hearing from you at your earliest convenience.
Yours Sincerely,
(Signed)
Senator Brian Greig
Australian Democrats’ Senator for WA