EU’s lawyers’ letter to VN’s PM on Nguyen Van Dai’s case

Full version

Prime Minister Nguyễn Xuân Phúc
Office of the Prime Minister
1, Hoang Hoa Tham
Hanoi Socialist
Republic of Viet Nam

Brussels, 9 June 2016

Re: Concerns regarding Vietnamese lawyer Nguyen Van Dai

Your Excellency,

I am writing to you on behalf of the Council of Bars and Law Societies of Europe (CCBE), which, through the national Bars and Law Societies of the Member States of the European Union and the European Economic Area, represents more than 1 million European lawyers. In addition to membership from EU bars, it also has observer representatives from a further thirteen European countries’ bars. The CCBE places great emphasis on respect for human rights and the rule of law, and is particularly concerned with the situation of human rights defenders around the world.

The CCBE wishes to express its serious concern over the situation of Nguyen Van Dai, a human rights lawyer who founded the Vietnam Human Rights Centre and the Brotherhood for Democracy. Mr. Van Dai has been in detention for nearly six months.

We understand that, on 6 December 2015, as he was on his way back from leading a human rights workshop, Mr. Van Dai was beaten with metal bars by men identified as plainclothes police officers. Ten days later, he was arrested just before he was going to meet representatives of the European Union in Hanoi. His house was searched and officers confiscated his computers, USB sticks, cameras, and savings account’s bank book. He was subsequently charged with “spreading propaganda against the Socialist Republic of Vietnam” under Article 88 of the Vietnamese Criminal Code, which has been ruled in violation of international law by the United Nations Human Rights Committee. Mr. Van Dai has been in detention ever since, awaiting trial. If convicted, he faces three to 20 years in prison.

In this context, the CCBE wishes to draw to your attention the Principle of the United Nations Basic Principles on the Role of Lawyers (attached), in particular Principles 16 and 22 on Guarantees for the functioning of lawyers, and Principle 23 on Freedom of expression and association.

In view of the above, the CCBE respectfully urges your Excellency to take effective steps to ensure that the charges against Mr. Van Dai are dropped and that he is released, and to guarantee his safety and security. In addition, the CCBE asks you to guarantee in all circumstances that all lawyers in Viet Nam are able to express their opinions and perform their professional duties without fear of reprisal, hindrance, intimidation, or harassment.

Yours sincerely,

Michel Benichou
President