AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

On 31 January 2005, the Vietnamese government announced that Dr. Nguyen Dan Que would be among more than 8,325 prisoners released as part of a general amnesty for prisoners to mark the occasion of Tet, the Lunar New Year. Those released are expected to abstain from political advocacy work.

Dr. Que has been a strong supporter of democratic reform and human rights in Vietnam for over 25 years. He has suffered for his outspoken criticism of the Vietnamese government. He has spent 19 of the last 27 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. 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 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. In 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.

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• 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.

The Human Rights Defenders Declaration

• 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.

RECOMMENDED ACTION:

No further action is required at this time. Many thanks to those who sent letters of appeal.

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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