AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

On 29 July 2004, the Ho Chi Minh People's Court sentenced Dr. Nguyen Dan Que to two-and-a-half years' imprisonment for "abusing democratic rights to jeopardize the interest of the state, and the legitimate rights and interest of social organizations and citizens." The trial was not held in accordance with international standards for a fair trial. According to reports, Dr. Que did not have access to legal representation and the trial lasted only three hours. Dr. Que was allowed to make a statement at the beginning of trial, during which he proclaimed his innocence. He was then removed from the courtroom to listen to the rest of the proceedings in a separate room.

Dr. Que is an endocrinologist and former Director of the Cho-Ray Hospital in Ho Chi Minh City. He has been a strong supporter of democratic reform and human rights in Vietnam for over 25 years. He has spent a combined total of 18 years in prison for his advocacy. He was first arrested in 1978 for criticizing the government and spent ten years in prison without a trial. He was re-arrested in 1990 after organizing a pro-democracy organization and released eight years later under provisions of a special amnesty. This most recent arrest occurred in March 2003; Dr. Que was arrested as he left his home four days after issuing a public statement about the lack of freedom of information in Vietnam. His political advocacy has been directly related to his scientific work; he was fired from his position at the hospital and detained after he publicly criticized the national health care policy. His arrests have only served to strengthen his commitment to fundamental freedoms and democracy in his country.

Even with the time he has already spent in jail, Dr. Que is not expected to be released until September 2005. His health has greatly suffered while in jail. He suffers from high blood pressure, a bleeding peptic ulcer, and kidney stones. According to reports, his family has provided the necessary medicine to the detention center, but it is unclear if the medicine is reaching him.

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

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 10: All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
• Article 19(1): Everyone shall have the right to hold opinions without interference.
• Article 13: An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.
• 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.

The Human Rights Defenders Declaration

• Article 12(2): The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [Universal Declaration of Human Rights].
• Article 6(a): Everyone has the right, individually and in association with others: To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems.
• Article 6(b): Everyone has the right, individually and in association with others: As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
• Article 7: Everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance.

UN Standard Minimum Rules for the Treatment of Prisoners

• Article 22(2): Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Calling for the immediate and unconditional release of Dr. Nguyen Dan Que as it appears that he is being persecuted for the peaceful exercise of his fundamental freedom of expression;
• Expressing your concern that Dr. Nguyen Dan Que did not receive a fair trial; and
• Expressing you concern that Dr. Nguyen Dan Que may not have access to the medical care he requires while in detention.

  APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

  His Excellency Phan Van Khai
  Prime Minister
  Office of the Prime Minister
  Hoang Hoa Tham, Ha Noi
  Socialist Republic of Viet Nam
  Fax: 011 844 823 4137
  Salutation: Dear Prime Minister

  COPIES SENT TO:

  Nguyen Dy Nien
  Minister of Foreign Affairs
  Ministry of Foreign Affairs
  1 Ton That Dam Street
  Ba Dinh District, Ha Noi
  Socialist Republic of Viet Nam
  Fax: 011 844 199 2682
  Salutation: Dear Mr Minister:

  Ambassador Chien Tam Nguyen
  Ambassador of the Socialist Republic of Vietnam to the United States
  Embassy of the Socialist Republic of Vietnam
  1233 20th St NW #400
  Washington DC 20036
  Fax: 1 202 861 0917
  info@vietnamembassy-usa.org
  Salutation: Dear Mr. Ambassador:

  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.

  
  

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