President Obama, ask the Viet Nam President to free Dieu Cay, too

Nguyen Van Hai, a.k.a. Dieu Cay

Ten freedom of expression advocacy groups have added another blogger for U.S. President Barack Obama to bring up in his meeting with the Vietnamese President Truong Tan Sang today. Nguyen Van Hai, more popularly known by his blogger name Dieu Cay has been in jail since 2008 for organizing citizen action to assert Vietnam’s sovereignty, and a group called the Free Journalists Club. He was initially in jail for trumped up charges of tax evasion, and was detained on remand when government authorities charged him  for ‘conducting anti-State propaganda’. Dieu Cay and two other bloggers, Ta Phong Tan and Phan Thanh Hai, were convicted in 4 October 2012, and their appeals rejected on 28 December.

For 31 days now, Dieu Cay has been on hunger strike to protest prison abuses and solitary confinement aimed at exacting a confession from him about his activities.

In his World Press Freedom Day statement on 3 May 2012, President Obama said “we must not forget others like blogger Dieu Cay…” in condemning arrests and detention against journalists. As Dieu Cay is still in detention, we now ask Mr. Obama not to forget him and other imprisoned bloggers in Vietnam.

 


The President of the United States
The White House
1600 Pennsylvania Ave. NW
Washington, DC 20500

Copy to:
The Honourable John Kerry
Secretary
U.S. Department of State

 

24 July 2013

 

Dear Mr President,

The signatory organisations respectfully request that you raise with the Vietnamese Government the arrest and arbitrary detention of Mr Nguyen Van Hai (popularly known as “Dieu Cay”), imprisoned prominent blogger and human rights activist. We understand that President Truong Tan Sang of Vietnam will meet with you on 25 July 2013 and we sincerely hope that you will take this opportunity to discuss Mr Nguyen’s case with him.

Mr Nguyen is a former member of the Vietnamese army, and one of the pioneer bloggers of Vietnam. He is currently imprisoned for exercising his rights to freedom of expression, association, and peaceful assembly, and for his activities as a human rights defender. Prior to his arrest, Mr Nguyen was a co-founder of the independent Free Vietnamese Journalists’ Club.   On his blog, he wrote about the human rights situation in Vietnam. In 2009, Human Rights Watch awarded Mr Nguyen the HellmanHammettAward “for writers who have suffered persecution as a result of their writings.” Amnesty International denoted Mr Nguyen a prisoner of conscience. In April 2012, Civil Rights Defenders named Mr Nguyen as its Human Rights Defender of the Month.

On 24 September 2012, Mr Nguyen was sentenced to 12 years in prison and 5 years probationary detention for “conducting propaganda against the Socialist Republic of Vietnam” under Article 88, Section 2, of the Vietnam Penal Code. His appeal was subsequently denied.

From 23 June 2013 until now, Mr Nguyen has been on hunger strike in prison to protest the cruel treatment and solitary confinement he is being subjected to in Prison No. 6 in Nghe An Province, Vietnam. His detention conditions violate international law standards on the core minimum principles for treatment of detainees. Mr Nguyen is also on hunger strike to protest against the cruel treatment of prisoners of conscience by prison guards. The prison where Mr Nguyen is being held has been notoriously known for the guards’ cruel treatment of prisoners.

Mr Nguyen’s family is gravely concerned for his health and safety; his previous hunger strike, also conducted in protest against inhumane detention conditions, lasted about 28 days and almost killed him due to the adverse effects on his organs. His current health is in a critical state, as he has been on hunger strike for the past 30 days.

Mr Nguyen’s arrest and detention are in violation of Vietnam’s obligations under international law, in particular Articles 19, 21 and 22 of the International Covenant on Civil and Political Rights, which impose duties on the government to protect Mr Nguyen’s rights to freedom of expression, association and peaceful assembly. His treatment also contravenes state duties to respect and ensure core minimum principles for treatment of detainees.

Given that Mr Nguyen is in a life-threatening situation, which poses to him an imminent threat of on-going damage of a very grave nature if his detention continues, we hope you will seize the opportunity of President Sang’s upcoming visit to request the immediate release of Mr Nguyen, especially on medical grounds.

Thank you for your kind consideration of our request. Please do not hesitate to have your staff contact us should you have any questions or need any additional information about this important case.

Most respectfully,

Media Defence – Southeast Asia (MDSEA) – HR Dipendra, Director

Access – Jochai Ben-Avie, Policy Director

Réseau Avocats Sans Frontières / ASF Network – Anne Lutun, ASF Network Coordinator

Action des chrétiens pour l’abolition de la torture (ACAT) – François Picart, Chairman

English PEN – Cat Lucas, Writers at Risk Programme Manager

Media Legal Defence Initiative (MLDI) – Nani Jansen, Senior Legal Counsel

PEN American Center, Larry Siems, Director, Freedom to Write and International Programs

PEN International – Marian Botsford-Fraser, Chair, PEN International Writers in Prison Committee

Reporters Without Borders – Benjamin Ismaïl, Head of Asia-Pacific Desk

Southeast Asian Press Alliance – Gayathry Venkiteswaran – Executive Director