Caselist - PEN International

48NGUYEN Manh SonD.o.b. : c. 1944 Profession : Dissident writer and retired governmentworker. Date of arrest : 8 May 2009 Sentence : 3 years and six monthsin prison and 3 years’ probationary detention. Expires: 7 November 2012Details of arrest : Arrested for poems and articles published since 1995,in particular the underground poetry anthology Truth is Error circulatedon the internet and published on overseas websites. Amongst dozens ofactivists to have been arrested since September 2008 as part of an ongoingcrackdown on peaceful dissent. Details of trial: Tried and convicted bythe Hanoi People’s Court on 9 October 2009 under Article 88 of thePenal Code for ‘Conducting propaganda against the Socialist Republic ofVietnam’. His sentence was upheld on appeal on 21 January 2010. Placeof detention: Labour camp Nam Ha, Kim Bang, Ha Nam, Vietnam.NGUYEN Tien TrungD.o.b.: 1983. Profession: Dissident writer and poet. Date of arrest: 7July 2009. Sentence: Seven years in prison and three years’ probationarydetention Expires: 6 July 2016 Details of arrest: Reportedly arrestedby the security police in Ho Chi Minh City and charged with ‘plottingto overthrow the government of Vietnam’ and ‘conducting propagandaagainst the Socialist Republic of Vietnam’ under Article 88 of the CriminalCode. Details of trial: Sentenced on 20 January 2010 for endangeringnational security and “organizing campaigns in collusion with foreignbasedreactionary groups aimed at overthrowing the people’s governmentwith the Internet’s help”. Believed to be charged for his online writingson the issues of freedom of opinion, religion and media, and allegedofficial corruption. He is known for several open letters and petitionsto communist party leaders and government. His letters, essays andpoems have been published online and relayed by many forums in andoutside Viet Nam. He has also given many interviews to overseas mediaincluding BBC, RFA, New Horizon Radio, Paltalk. Place of detention :Public security detention camp, 4 Phan Dang Luu, Phuong 14, Quan BinhThanh, Ho Chi Minh city, Vietnam. [RAN 49/09 - 15 September 2009].NGUYEN Van Hai (pen-name Hoang Hai, aka blogger Dieu Cay):D.o.b.:1952. Profession: Independent journalist and blogger Date ofarrest: 19 April 2008. Sentence: Two and a half years in prison. Expirydate: His sentenced expired on 18 October 2010 but he has not beenreleased. Details of arrest: Reportedly arrested for ‘tax fraud’ in Dalatcity, south of the country, after he participated in protests against the policein Ho Chi Minh City, earlier in 2008. There are reports that he had beenclosely watched by the police and threatened with death prior to his arrest.Details of trial: Sentenced on 10 September 2008 to two and a half yearsimprisonmentby the Vietnamese People’s Court at Ho Chi Minh city foralleged tax fraud, although he is widely believed to be targeted for hiscriticism of Vietnamese government policy. He is known for his internetpostings calling for greater democracy and human rights in Vietnam andhis participation in protests against Chinese foreign policy. Dieu Cay wasone of the founding members of the Free Journalist Network in Vietnam(Cau Lac Bo Nha Bao Tu Do) in 2006. Place of detention: Trai tamgiam Cong an, So 4 Phan Dang Luu, Phuong 14, Quan Binh Thanh, HoChi Minh city, Vietnam. New information: Nguyen Van Hai shouldhave been released on 20 October 2010 on completion of his sentence.However, he was reportedly transferred to a Public Security detentioncamp in Ho Chi Minh city on 18 October 2010, apparently on chargesof ‘Conducting propaganda against the Socialist Republic of Viet Nam’under Article 88 of the Criminal Code. The charges are said to be basedon his online writings for the Free Journalist Network in Viet Nam beforehe was arbitrarily arrested in April 2008. Still detained without trial as of31 December 2011. Treatment in prison: Held incommunicado, withoutaccess to family visits, letters or medical and food supplies since 18October 2010. Concerns for his welfare are mounting. Health concerns:In early July 2011 Van Hai’s wife was told by a security official that hehad lost an arm in prison. This report has not been officially confirmed,and there are no further details. Other information: Recipient of the2009 Hellman/Hammett award. (RAN 47/08 Update #1 – 9 April 2009)NGUYEN Van Ly:D.o.b: 1946. Profession: Priest, scholar, essayist and co-editor of theunderground online magazine Tu Do Ngon luan (Free Speech). Date ofarrest: 19 February 2007. Sentence: eight years in prison and five yearsof probationary detention. Expires: February 2015 Details of arrest:Reportedly arrested on 19 February 2007 during an “administrative check”at the archdiocesan building where he lives in the city of Hue. Two othereditors of Tu Do Ngon luan, Father Chan Tin and Father Phan Van Loi,were reportedly also placed under house arrest. Details of trial: On 30March 2007 a People’ Court in Hue (Central Vietnam) sentenced FatherNguyen Van Ly to eight years in prison and five years of probationarydetention under Article 88 of the Criminal Code for ‘conductingpropaganda against the Socialist Republic of Vietnam’ (Article 88). Avideo footage of his sentencing is available on the Internet: http://www.youtube.com/watch?v=bUSJeAakoXI. Place of detention: Labour campTrai K1 Ba Sao Nam Ha, Huyen Phu Ly, Ha Nam, Vietnam. Temporaryrelease: On 15 March 2010 Nguyen Van Ly was released provisionallyon medical grounds. The decision was taken by the Supreme Judge of thePeople’s Court on Ha Nam province, who ordered to temporarily deferNguyen Van Ly’s imprisonment for one year as he was in urgent need ofmedical treatment which is unavailable in prison. Return to prison: On25 July 2011, Ly was returned to the labour camp to continue servinghis sentence. His health is said to be still very poor. Other information:In September 2010, the United Nations Working Group on ArbitraryDetention called for the immediate and unconditional release of NguyenVan Ly, who it said had been arbitrarily and illegally detained anddenied access to legal counsel by the Vietnamese authorities. Previouspolitical imprisonment/problems: Ly is a leading member of the prodemocracymovement “Bloc 8406”. He was previously detained from1977-1978, and again from 1983-1992 for his activism in support offreedom of expression and religion. He was sentenced again in October2001 to 15 years in prison for his online publication of an essay on humanrights violations in Vietnam, and was a main case of PEN International.The sentence was commuted several times and he was released underamnesty in February 2005. Award: In July 2008 Nguyen Van Ly receivedthe Hellman/Hammett award in recognition of his work in the face ofpersecution. He was nominated for the Sakharov Prize for Freedom ofThought 2009 and 2010. Honorary member of: Sydney PEN.(RAN12/07 - 28 February 2007; update #1 - 7 March 2007; updates #2 – 3April 2007).NGUYEN Van TucD.o.b.: C. 1964 Profession: Farmer, poet and human rights defender,known for his numerous writings on social injustice and satirical poemspublished on overseas websites. Date of arrest: 10 September 2008Sentence: Four years in prison and 3 years’ probationary detention.Expires: 9 September 2012 Details of arrest: Amongst dozens ofactivists to have been arrested since September 2008 as part of an ongoingcrackdown on peaceful dissent. Details of trial: Charged under Article88 of the Penal Code for ‘Conducting propaganda against the SocialistRepublic of Vietnam’. Tried and convicted by the Hanoi People’s Courton 9 October 2009. Sentence upheld on appeal on 21 January 2010. Placeof detention: Labour camp Nam Ha, Kim Bang, Ha Nam, Vietnam.(RAN 47/08 - 23 September 2008, update 1 – 9 April 2009)NGUYEN Xuan NghiaProfession: Poet, journalist and novelist, member of the Hai PhongAssociation of writers and founding member of the banned democracymovement known as Block 8406, author of several online poems andarticles. Date of arrest: 11 September 2008 Sentence: Six years inprison and 3 years’ probationary detention. Expires: 10 September 2014Details of arrest: According to PEN’s information, dissident writerNguyen Xuan Nghia was arrested and charged with conducting antigovernmentpropaganda under article 88 of Vietnam’s penal code for hispro-democracy writings and activities, in particular for being a leadingmember of the banned pro-democracy group Block 8406. Other membersof the group were also arrested and sentenced. The indictment dated 3July 2009 cited fifty-seven pieces written by Nguyen Xuan Nghia from2007 until his arrest in 2008, including poetry, literature, short storiesand articles, which allegedly sought to “insult the Communist Party ofVietnam, distort the situation of the country, slander and disgrace thecountry’s leaders, demand a pluralistic and multiparty system ... andincite and attract other people into the opposition movement.” He isamongst dozens of activists to have been arrested since September 2008as part of an ongoing crackdown on peaceful dissent. Details of trial:Tried and convicted by the Hanoi People’s Court on 9 October 2009. Hisconviction was upheld on 21 January 2010. Place of detention: Phong 6Doi 16 Phan trai 3, Labour camp Nam Ha, Kim Bang, Ha Nam, Vietnam.Treatment in prison: According to Nghia’s wife, he has been bannedfrom family visits since June 2010 for protesting peacefully against prisonconditions. Said to be held in solitary confinement. Health concerns:Reportedly suffering from a number of health complaints. Honorarymember of: American PEN. Other information: Recipient of the 2008and 2011 Hellman/Hammett awards. [RAN 47/08 - 23 September 2008,update 1 – 9 April 2009]PHAM Minh Hoang: (aka Blogger Phan Kien Quoc)D.o.b.:1955 Profession: University professor and blogger. Date ofarrest: 13 August 2010 Sentence: Three years in prison, reduced to 17months Expires: 12 January 2012 Details of the trial: Sentenced on 10August 2011 by a court in Hanoi under Article 79 of the Criminal Code for‘attempting to overthrow the government’ in his critical online writings.The judge at the trial stated that Pham’s articles had ‘blackened the imageof the country’. Also thought to be charged for his alleged affiliation toViet Tan, a US-based Vietnam Reform Party which is not known to useviolence to achieve change. Appeal: On 29 November 2011, the People’sSupreme Court in Ho Chi Minh City reduced Pham’s sentence on appealto 17 months in prison. Place of detention: Trai tam giam Công an, So4 Phan Dang Luu, Phuong 14, Quân Binh Thanh, Ho Chi Minh city,Vietnam Other information: Phan wrote a number of articles on issuesincluding the environment and the country’s relations with China onsovereignty. He has dual French and Vietnamese nationalities. (RAN45/11 – 15 August 2011, Update # 1 – 2 December 2011)PHAM Thanh Nghien (f)Profession: Internet writer and independent journalist. Date of arrest:18 September 2008 Sentence: 4 years in prison and 3 years’ probationarydetention. Expires: 17 September 2012 Details of arrest: Arrested on 11September 2008, released later that day but remained under residentialsurveillance until her re-arrest on 18 September 2008. Held under Article88 of the Criminal Code on charges of ‘propaganda against the state’.Details of trial: Tried by the Hai Phong People’s Court on 29 January2010 and sentenced under Article 88 of the Penal Code. There was noappeal. Treatment in prison: Pham Thanh Nghien’s family was notable to visit her for many months after her arrest. Health concerns: Herfamily is seriously concerned for her health. Place of detention: Labourcamp 5 Lam Son, Yen Dinh, Thanh Hoa, Vietnam. Other information:Recipient of the 2009 Hellman/Hammett Award. [RAN 47/08 - 23September 2008; Update #1 – 9 April 2009]PHAM Van TroiD.o.b.:1972. Profession: Dissident writer and activist, known forhis contributions to the underground dissident review Tu Do DanChu (Freedom and Democracy). Date of arrest: 10 September 2008Sentence: 4 years in prison and 4 years’ probationary detention. Expires:9 September 2012 Details of arrest: Amongst dozens of activists to havebeen arrested since September 2008 as part of an ongoing crackdownon peaceful dissent. Details of trial: Charged under Article 88 of thePenal Code for ‘Conducting propaganda against the Socialist Republic ofVietnam’. Tried and convicted by the Hanoi People’s Court on 8 October2009. His sentence was upheld on appeal on 18 January 2010. Place ofdetention: Labour camp Nam Ha, Kim Bang, Ha Nam, Vietnam. (RAN47/08 - 23 September 2008, update 1 – 9 April 2009)TRAN Anh KimD.o.b.:1949 Profession: Internet writer and dissident. Former armyofficer. Author of more than 60 articles and essays focusing in humanrights and social injustice, secretary of the banned Vietnamese DemocraticParty and member of Bloc 8406. Date of arrest: 7 July 2009. Sentence:Five and a half years in prison and three years’ probationary detention.Expires: 7 January 2015. Details of arrest: Reportedly arrested andcharged with ‘Conducting propaganda against the Socialist Republic ofViet Nam’ under Article 88 of the Criminal Code. Among five activistswho were arrested in June 2009. Convicted of the more serious charge ofsubversion for his pro-democracy activities on 29 April 2010. Prosecutorsasked for a lighter sentence in view of the military background of Mr.Kim, a wounded veteran. Previous political imprisonment/problems:Tran Anh Kim was known for drafting and circulating petitions protestinginjustice and corruption in the Vietnamese Communist Party. In 1991,he was briefly detained and accused of “abuse of power to steal publicwealth.” He was arrested again in 1994 and sentenced to two yearsin prison. He was released after one year. In 2006 he joined the prodemocracymovement Bloc 8406. He was member of the editorial boardof the underground journal Fatherland. Recipient of the 2009 Hellman/Hammett Award. Place of detention: Labour camp Nam Ha, Kim Bang,Ha Nam, Vietnam. [RAN 49/09 - 15 September 2009].TRAN Huynh Duy Thuc (pen name: Tran Dong Chan)D.o.b.: 1966 Profession: Businessman and Internet writer Date ofarrest: 24 May 2009 Sentence: Sixteen years in prison and three yearsof probationary detention. Expires: 23 May 2025 Details of the arrest:Reportedly arrested at his home by the Security Agency and was originallycharged with ‘Conducting propaganda against the Socialist Republic ofViet Nam’ under Article 88 of the Criminal Code. There are reports thatin August 2009, Tran was compelled to make a public confession. Details 49