Caselist - PEN International

46loading. The book is banned in Thailand as it is said to be offensive tothe Thai King. The DSI also allege that Gordon translated some articlesor parts of Handley’s book. Details of the trial: Gordon initially deniedthe charges, but more recently has changed his plea to guilty. Severalrequests for bail have been made by his defence lawyer, but all have beendenied. His defence announced that they would not appeal the verdict,but will call for a royal pardon. Other information: Joe Gordon, aged54, was born in Thailand and naturalised as an American citizen. He wasliving in America until 2011 when he returned to Thailand for medicaltreatment.*Surapak PHUCHAISAENG:Profession: Dissident internet writer and computer programmer. Dateof arrest: 2 September 2011. Details of arrest: Reportedly arrested on2 September 2011 for posting messages on Facebook said to be insultingto the Thai King. The police searched his home and confiscated severalitems, including computers and his mobile phone. Phuchaisaeng, age 40,was indicted on 25 November 2011 on the charge of lèse-majesté. Hisrequest for conditional release was rejected and he remains detained asof 31 December 2011.*Somyot PRUKSAKASEMUSKProfession: Independent journalist, editor of the magazine Voice of Taksin,and prominent labour activist. Date of arrest: 30 April 2011 Details ofarrest: Reportedly arrested by the Department of Special Investigation(DSI) on 30 April 2011 and charged with two counts of lèse-majestéunder Article 112 of the Criminal Code for publishing two allegedlyoffending articles written by an anonymous author in his magazine.Pruksakasemusk, aged 50, was reportedly charged after refusing to revealthe identity of the writer of the articles, which are deemed to be defamatoryto the King. It is believed that Pruksakasemusk could be targeted for hiscampaign calling for the repeal of the lèse-majesté law. Details of trial:His trial started on 21 November 2011, and is expected to last until 4 May2012. Pruksakasemusk could face up to 30 years in prison if convicted.He has been denied bail and remains detained as of 31 December 2011.Place of detention: Petchaboon Prison, 31 Praputabat Rd, Ni-MuaengSub-district, Muaeng District, Petchaboon 67000, Thailand.On trialChiranuch PREMCHAIPORN (f): Editor of the independent websitePrachatai. Reportedly arrested on 6 March 2009, and charged withviolations of article 15 of the Computer Crimes Act for allegedlyendangering national security in articles published on the website. Thewebsite is said to publish issues that Thai newspapers refuse to report.Days after her arrest, Premchaiporn was freed on bail. On 7 April 2009,the journalist was summoned by the Royal Thai Police headquarters forfurther investigation. On the basis of the information she gave to theauthorities, the police reportedly laid nine new charges against her underthe Computer Crimes Law, and she could face up to fifty years in prisonif found guilty. She remains free on bail and the trial is ongoing. The nexthearings have been scheduled for February 2012. Other information:Recipient of the 2011 Hellman/Hammett award.*Norawase YOSPIYASATHIEN: Blogger and accountant, who graduatedrecently from Kasetsart University. Reportedly arrested on 5 August2011 and charged with lèse-majesté for allegedly offensive writingsagainst the monarchy posted on Yospiyasathien’s blog when he wasin his fourth-year of accounting studies. He was released on bail on 8August 2011. Reports say that the university deputy director filed thecharges against Yospiyasathien, aged 23, in response to pressure fromthe university council to protect its reputation. In November 2011 theDepartment of Criminal Cases reportedly set up a commission to considerYospiyasathien’s case, because of the public attention it has attracted.VIETNAMImprisoned: Main casesCU Huy Ha VU:Profession: Dissident writer, artist and activist. Date of arrest: 5November 2010 Sentence: 7 years in prison and 3 years of house arrest.Expires: 4 November 2017 Details of arrest: Arrested after publishingcritical articles online and giving interviews to foreign media. Details oftrial: Sentenced by a court in Ha Noi city on 4 April 2011 to a sevenyearjail sentence and three years’ probationary detention for “conductingpropaganda against the state”, under Article 88 of the Criminal Code.On 2 August 2011 the Supreme People’s Court upheld the sentenceagainst the writer. His trial reportedly did not comply with internationalstandards of fairness. Place of detention: Labour camp #5, Yen Dinh,Thanh Hoa, Vietnam. Other information: Vu is the son of a celebratedpoet and confidante to late president Ho Chi Minh. Vu is known forhis environmental activism and had previously twice sued the PrimeMinister in an attempt to stop controversial bauxite mining project whichhe believed would be harmful to the environment. He holds a Doctoratein law from the Sorbonne University, and is the recipient of the 2011Hellman/Hammett award.DANG Phuc Tue (religious name: Thich Quang Do)D.o.b.: 1928 Profession: Buddhist monk, writer, scholar. SecretaryGeneral of the outlawed Institute for the Propagation of the Dharma,United Buddhist Church of Vietnam (UBCV). Date of arrest: 9 October2003 Details of arrest: Part of a delegation of nine UBCV leaders whowere all arrested on 9 October 2003. The delegation had left Binh Dinhat 5.00 a.m. on 8 October 2003 en route for Ho Chi Minh City whensecurity services blocked their departure. After a protest in which overtwo hundred monks formed a human shield around their vehicle, thedelegation was allowed to continue its journey, only to meet anotherpolice barricade on the following day, when all nine UBCV leaders werearrested and taken away for interrogation. Thich Quang Do was placedunder house arrest. Place of detention: Thanh Minh Zen Monastery inHo Chi Minh City. Previous political imprisonment/problems: On 27June 2003 he was released from a twenty-seven month detention order.Has spent most of the last twenty years in detention or under residentialsurveillance because of his campaign for religious freedom and freeexpression. Other information: The UN Working Group on ArbitraryDetention declared his imprisonment as ‘arbitrary’ in May 2005. Awards:Laureate of 2002 Czech Human Rights Homo Homini Award and 2006Norwegian Rafto Human Rights Prize.*HO Thi Bich Khuong (f)D.o.b.: 1967 Profession: Prolific Internet writer and human rightsactivist. Date of arrest: 15 November 2011 Sentence: 5 years in prisonand 3 years’ probationary detention. Details of arrest: Ho was arrestedby the public security police after a search in her house, where agentsconfiscated many items, including books and computers. Details oftrial: Ho was tried on 29 December 2011, at Nghe An people’s Court,for ‘Conducting propaganda against the Socialist Republic of Vietnam’under Article 6 of the Criminal Code. The accusation alleged that Ho andNguyen Trung Ton, a priest and activist who was present at her houseat the time of Ho’s arrest, had been collecting documents and writingseveral online articles which tarnished the reputation of the Republic ofVietnam. Ho Thi Bich Khuong was also accused of giving interviewsto foreign radio stations criticizing the government’s abuse of powerand belonging to illegal human rights organizations. During the trial,she openly criticized the Communist Party. It has been reported that hersentence was read after she was taken out of the courtroom. Place ofdetention: Detention camp at Thanh My village, Thanh Chuong district,Nghe An province, Vietnam. Previous imprisonment/problems: HoThi Bich Khuong served two imprisonment sentences, in 2005 and2007, under article 245 of the Criminal Code (Causing public order), andarticle 258 (Abusing democratic freedoms to infringe upon the interestof the State), respectively. She has also been attacked, threatened andsubject to brief detentions. Health concerns: There are concerns thatHo’s health is deteriorating as a result of the conditions of her detention.Other information: Ho’s writings urged the release of prisoners ofconscience and political detainees, and promoting freedom of expression,religion and association. She wrote a memoir of her time in prison whichwas published in 2009 by Nguoi Viet Online, a Vietnamese-Americannewspaper in the United States. She has also written some satiricalpoems. Ho is recipient of the 2011 Hellman/ Hammett 2011 award.LE Cong Dinh:D.o.b.: 1968. Profession: Lawyer and dissident writer. Date ofarrest: 13 June 2009. Sentence: Five years in prison and three years’probationary detention. Expires: 12 June 2014. Details of arrest:Reportedly arrested by the security police in Saigon and charged with‘Conducting propaganda against the Socialist Republic of Viet Nam’under Article 88 of the Criminal Code. His home and his office weresearched and his documents seized. Official reports state that Le CongDinh was arrested for allegedly reporting ‘distorted’ facts to foreignmedia and offending the country’s Prime Minister. Details of trial: Triedand convicted on 17 January 2010 for “activities aiming to overthrowthe people’s government” under article 79 of the Criminal Code. Placeof detention: Detention camp Chi Hoa, So 1 duong Hoa Hung, Phuong13, Quan 10, Ho Chi Minh City, Vietnam. Other information: Le CongDinh has been working as a lawyer defending journalists, human rightsactivists and internet writers prosecuted in for their reporting, includinglawyers and dissident writers Le Thi Cong Nhan and Nguyen Van Daiand the renowned blogger Dieu Cay. Le Cong Dinh has also written forvarious international media outlets, including the British BroadcastingCorporation (BBC) and Radio Free Asia (RFA), and banned overseaswebsites such as the “ Democracy Movement”, “Vietnam Reform”, “NewHorizon”, “Thorough Discussion”, and “Democratic Freedom”, whichVietnamese authorities view as “subversive”. According to ReportersWithout Borders, sources said that Le Cong Dinh’s arrest might be relatedto a libel case brought by several lawyers against the Vietnamese PrimeMinister Nguyen Tan Dung. Reportedly denied access to family visitssince his arrest.(RAN 25/09 – 16 June 2009)LE Thang LongD.o.b.: 1968 Profession: Businessman and Internet writer Date of arrest:4 June 2009 Sentence: Three and a half years in prison and three yearsof probationary detention Expires: 3 December 2012 Details of thearrest: Reportedly arrested by the Security Agency and was originallycharged with ‘Conducting propaganda against the Socialist Republic ofViet Nam’ under Article 88 of the Criminal Code. Details of the trial: Lewas tried and sentenced on 17 January 2010, for ‘carrying out activitiesaimed at overthrowing the people’s administration’ under article 79 ofthe Criminal Code. Said to be charged for his dissident writings andactivities. His initial sentence of five years was reduced by the AppealPeople’s Court of Ho Chi Minh City. Professional details: Le is saidto be an Internet writer and the founder of the website Improving andPromoting Vietnam. Amongst other positions, he is president of the Clubof Business Professionals for the Promotion of Vietnam, and founder ofvarious organisations. Place of detention: Labour camp Z30A K1, XuanTruong, Xuan Loc, Dong Nai, Vietnam.*LU Van BayD.O.B. 1952 Profession: prodemocracy activist and internet writer. Dateof arrest: 26 March 2011 Sentence: Four years in prison and three yearsof house arrest. Expiry: 25 March 2015 Details of the arrest: Arrestedat his home, by security police officers, who also seized his computerand several of his articles. Details of the trial: After a half-day trial, on22 August 2011, Lu was convicted under article 88 of the VietnameseCriminal Code for ‘conducting propaganda against the regime’. Hewas charged specifically for ten articles he posted on various overseasInternet sites over the last four years, calling for the end of one-party rulein the country and the introduction of a multiparty system. The judgealso stated that Bay ‘confessed’ to the crime and asked for leniency. Ithas been reported that during the trial, Lu was not allowed to accessan independent lawyer or to defend himself. Place of detention: Traitam giam Cong an Kien Giang, Khu pho 6 Duong Nguyen Chi Thanh,Rach Soi, Kien Giang, Vietnam Treatment in prison: Lu Van Bay isallowed three five-to-ten minutes’ visits with his family every month. Hehas lost weight and frequently suffers from back pain. His family areconcerned for his well-being. Professional details: Lu is known for hiswritings on social and political issues including freedom of expressionand freedom of the press. He has contributed to a number of websitessuch as Dan Chim Viet (Vietnamese Birds), Doi Thoai (Dialogue) andTo Quoc (Fatherland). For security reasons, he has written under variouspseudonyms, including Tran Bao Viet, pen-name he used since 2010.(RAN 49/11 – 21 September 2011)NGUYEN PhongD.o.b.1975 Profession: Human rights activist and dissident, co-founderof the Vietnam Progressive Party and co-editor associate of Tu Do NgonLuan (Freedom of Speech) underground online magazine. Date ofarrest: 29 March 2007. Sentence: Six years, followed by three yearsof probationary detention. Expires: 29 March 2013. Details of arrest:Nguyen Phong was arrested with Nguyen Binh Thanh (see below: Caseclosed) at their homes in the city of Hue on 16 and 17 February 2007 andheld for interrogation before being released. Security police also raidedtheir homes and seized banned publications, writings and computerdisks. They were re-arrested on 29 March 2007 and brought to the Courtthe next day. Details of trial: On 30 March 2007, a People’s Court inHue sentenced Nguyen Phong to 5 years in prison, followed by 3 yearsprobationary detention respectively for ‘Conducting propaganda againstthe Socialist Republic of Vietnam’ under Article 88 of the Criminal Code(RAN 12/07-28 February 2007; update#1-7 March 2007; updates#2-3 April 2007. See Nguyen Van Ly’s case). Place of detention: Labourcamp Thanh Phong K3, Huyen Nhu Xuan, Thanh Hoa, Vietnam.47