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Amnesty International
Report - 2005
Covering events from
January - December 2004
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The human rights situation worsened in the Central
Highlands following demonstrations by members of ethnic minority
groups (Montagnards) in April. The ensuing government crackdown
resulted in the deaths of at least eight protesters and many
injured. This was followed by tight government controls on
access and communications with the region. Freedom of expression
nationally remained severely limited. Trials of political
dissidents continued throughout 2004. Repression of religious
denominations not sanctioned by the state continued. A high
number of death sentences and executions were reported.
Background
Indicators such as life expectancy, literacy, health and living
standards suggested real progress towards the realization of
economic, cultural and social rights. However, ethnic minority
areas fell behind national trends.
Corruption scandals involving government officials dominated the
domestic news. In the first stage of the most significant
prisoner amnesties since 1998, more than 8,000 prisoners were
given early release. No prisoners of conscience were known to
have been released. In October Viet Nam hosted the biennial
Asia-Europe (ASEM) meeting. A parallel non-governmental
organization People's Forum attended by some Asian and European
human rights and development groups also took place under tight
control and media restrictions. The Vietnamese authorities
prevented one Cambodian group from taking part. Vietnamese
participation was restricted to organizations under state
control.
A new Criminal Procedure Code came into effect on 1 July. A raft
of new Internet regulations were introduced to further control
access to information, especially sites run by overseas
Vietnamese opposition groups. Viet Nam continued to deny access
to independent human rights monitors.
Central Highlands
On 10 and 11 April, thousands of Montagnard people, including
women and children, protested against government policies in
three provinces of the Central Highlands. Most of the protesters
were Christians who had planned five days of peaceful protests
about long-standing land ownership and religious freedom issues,
and about additional restrictions on freedom of movement,
communication and religious practice imposed since the last
major protests in 2001. Disproportionate and brutal force was
used to break up the demonstrations. At least eight people were
unlawfully killed and many hundreds injured in the ensuing
crackdown.
The Central Highlands was effectively cut off for several months
after April. All communication, including telephone contact, was
extremely difficult. Diplomats and journalists were permitted to
visit the region only under close supervision.
Arrests and trials continued of those linked to the 2001 unrest,
its aftermath, and the April 2004 incidents. Hundreds of
Montagnard asylum-seekers continued to attempt to flee to
neighbouring Cambodia . At least 142 people have been sentenced
to long prison terms since the 2001 unrest, including 31 in
2004. The fate of hundreds of others arrested was not known.
Nine members of the Ede ethnic group – Y Hoang Bkrong, Y K'rec
Bya, Y Kuang E Cam, Y Nguyen Kdoh, Y Ruan Bya, Y Tan Nie, Y Tlup
Adrong, Yben Nie and Y Som H'mok – were sentenced to between
five and 12 years' imprisonment by Dak Lak Provincial People's
Court on 11 and 12 August under Article 87 of the Criminal Code.
All were accused of “on many occasions, [having] gathered a
large group of Ede people to persuade them to oppose the state
policy on nationalities”.
Detention and trial of government critics
Dissidents critical of government policies who used the Internet
to share information continued to be prosecuted. In January a
decree was issued classifying as “state secrets” official
documents related to trials of people accused of national
security offences.
In July Dr Nguyen Dan Que, 62, a former prisoner of conscience
and human rights advocate arrested in March 2003, was sentenced
to 30 months' imprisonment following a three-hour trial at which
he had no legal representation. He was charged with “abusing
democratic rights to jeopardize the interests of the State”
under Article 258 of the Penal Code. After the trial he was
moved to a prison camp in northern Viet Nam , more than two
days' journey from his family home. Dr Que had previously spent
18 years in prison, also for his public opposition to government
policies. He was in poor health.
Pham Que Duong, 73, a well-respected military historian critical
of government policies, was tried in July and sentenced to 19
months' imprisonment under Article 258 of the Penal Code. He had
already spent this period in pre-trial detention and was
released shortly afterwards.
Suppression of religious freedom
A new religious decree came into effect in November. It was
criticized by several religious groups in Viet Nam as codifying
existing state control over all aspects of religious life.
Members of unauthorized religious denominations continued to
face repression including harassment, forced renunciation of
their faith, administrative detention and imprisonment. Members
of the Unified Buddhist Church of Vietnam (UBCV) faced
particularly harsh treatment and their leadership remained under
house arrest. Members of evangelical protestant churches also
faced harassment.
- Mennonite pastor and human rights activist Nguyen Hong Quang was
arrested and sentenced to three years' imprisonment in November.
Pastor Quang had been outspoken about the situation of religious
freedoms in the Central Highlands for ethnic minority groups,
and had defended farmers in land rights cases.
- Father Nguyen Van Ly, a Catholic priest and vocal critic of
government policies, had his prison sentence reduced for the
second time, to five years, in response to international
criticism. He had been sentenced to 15 years' imprisonment in
2001 under vaguely worded national security legislation.
- Thich Tri Luc, a UBCV monk, was tried in March and sentenced to
20 months' imprisonment on charges of having “distorted the
government's policies on national unity and contacted hostile
groups to undermine the government's internal security and
foreign affairs”. He was released in late March having already
spent 20 months in pre-trial detention, and gained asylum in
Sweden . He had been recognized as a refugee by the UN High
Commissioner for Refugees in Cambodia in 2002, but was abducted
from Cambodia by Vietnamese agents and held for almost a year
incommunicado before his trial. On his release, Thich Tri Luc
confirmed both the Vietnamese and Cambodian authorities' role
and collusion in his abduction.
Death penalty
At least 88 people – including 12 women – were sentenced to
death in 2004; 44 for drug offences and six for fraud, according
to official sources. At least 64 people, four of them women,
were reported executed. The true figures were believed to be
much higher.
In January, the Prime Minister issued a decree making the
reporting and dissemination of statistics on the use of the
death penalty a “state secret”. However, some death penalty and
execution cases continued to be reported in the Vietnamese news
media.
In October, the Prime Minister asked the police to consider
changing the method of execution because nervous members of
firing squads with trembling hands frequently missed the target.
It was reported that relatives of executed prisoners had to
bribe officials for the return of bodies which were otherwise
buried in the execution ground.
Despite reports that the authorities were considering the
abolition of the death penalty for economic crimes, two
executions for fraud were reported. Some executions continued to
take place in public, in front of hundreds of onlookers.
- Tran Thi My Ha, 31, was executed on 17 November by firing squad
at Tan Xuan execution ground in Quang Nam province. She had been
sentenced to death in August 2003 after being convicted of
running a network trafficking counterfeit money.
- Nguyen Thi Ha, 48, was executed at Long Binh execution ground in
Ho Chi Minh City on 9 April in front of hundreds of spectators.
She had been sentenced to death for smuggling heroin.
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