AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

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FACTS OF THE CASE:

On 17 March 2003, Vietnamese security officials arrested Dr. Nguyen Dan Que as he was leaving his house in Ho Chi Minh City. According to reports, security officials also removed several documents, a computer, and a phone from his house. Dr. Que was on his way to a nearby Internet café.

Dr. Que is an endocrinologist and former Director of the Cho-Ray Hospital in Ho Chi Minh City. After he publicly criticized the national health care policy in Vietnam in 1978, he was fired from his position and accused of “rebelling against the regime.” He was arrested and held in prison for ten years without a trial. His experience in prison further strengthened his commitment to human rights and democracy. Shortly after his release, he founded Cao Trao Nhan Ban (the High Tide of Humanism Movement), a peaceful pro-democracy organization.

Dr. Que was arrested again in 1990 for issuing an appeal to individuals and organizations in Vietnam calling for freedom, democracy, and political pluralism. He was charged with “activities aimed at overthrowing the people’s government” and sentenced to 20 years’ hard labor followed by five years’ house arrest.

Human rights organizations around the world protested the charges. In 1996, the AAAS Science and Human Rights Program honored Dr. Que at its annual reception at the AAAS Annual Meeting. In 1998, under international pressure, the Vietnamese government released Dr. Que under provisions of a special amnesty. The government tried to pressure him and his family to leave Vietnam, but they chose to stay and continue their advocacy.

The reason is for the arrest is not clear. Amnesty International, which adopted Dr. Que as a prisoner of conscience in 1990, believes this arrest follows a general crackdown against other dissidents in Vietnam that has been going on over the past year. The organization recently released a press statement protesting the arrest and stating, “By arresting Dr. Nguyen Dan Que the government continues to show that it will not tolerate people peacefully exercising the most basic of rights enshrined in the Vietnamese Constitution and in international law.”

(Source of information for this case is Amnesty International.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 9(1): Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
• Article 9(2): Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his [or her] arrest and shall be promptly informed of any charges against him [or her].
• Article 9(3): Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
• Article 19(1): Everyone shall have the right to hold opinions without interference.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Universal Declaration of Human Rights

• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Calling for the clarification of charges against Dr. Nguyen Dan Que;
• Asking the authorities to ensure that Dr. Que have access to his family and lawyer and that he not be ill-treated while detained; and
• Requesting that if legitimate charge cannot be made against Dr. Que, he be immediately and unconditionally released.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Tran Duc Luong
President
The Socialist Republic of Vietnam
c/o Ministry of Foreign Affairs
Hanoi, Vietnam
Fax: (011) 84-4-823-1872 or 84-4-844-5905
Salutation: Your Excellency:

Mr. Nguyen Dinh Loc
Minister of Justice
Ministry of Justice
25A Cat Linh Str.
Ba Dinh Dist.
Hanoi, Vietnam
Fax: (011) 84-4-843-1431
Salutation: Dear Mr. Minister:

Mr. Nguyen Dy Nien
Minister of Foreign Affairs
Ministry of Foreign Affairs
1 Ton That Dam Str.1'
Ba Dinh Dist.
Hanoi, Vietnam
Fax: (011) 84-4-844-5905
Salutation: Dear Mr. Minister:

COPIES SENT TO:

Ambassador Nguyen Tam Chien
Ambassador of the Socialist Republic of Vietnam to the United States
Embassy of the Socialist Republic of Vietnam
1233 20th Street NW, Suite 400
Washington, DC 20037
Fax: (202) 861-0917
info@vietnamembassy-usa.org
Salutation: Dear Mr. Ambassasor

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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