Vietnam: Concerns for detained journalists

Vietnam: Concerns for detained journalists

Published: April 17, 2009

English PEN is alarmed by reports that imprisoned writers Nguyen Hoang Hai and Pham Thanh Nghien are at risk of ill-treatment, in poor health, and denied full access to family visits. They are part of a group of writers who were detained during a crackdown against peaceful dissent in Vietnam in August and September 2008.

Nguyen Hoang Hai (pen name: Dieu Cay), an independent journalist and blogger, was sentenced on 10 September 2008 to two and a half years' imprisonment by a Court at Ho Chi Minh city for alleged 'tax fraud', although he is widely believed to be targeted for his criticism of the Vietnamese government. On 1 April 2009, Nguyen Hoang Hai's family were told that he had been transferred to Cai Tau prison, in U Minh, which is nine hours from where the family lives and where it is difficult to obtain a visitor's permit. There are reports that Cai Tau prison is notorious for the brutal treatment of prisoners and alleged corruption. The family believes that Nguyen Hoang Hai was transferred there to limit the frequency of their visits, and they are very concerned for his well-being.

Internet writer and independent journalist Pham Thanh Nghien has been detained without charge since 11 November 2008. She is believed to be held under Article 88 of the Criminal Code on charges of 'propaganda against the state', but has not yet been brought to trial. When arrested, she was reportedly suffering from severe migraines due to previous beatings by local authorities in the streets near her home. Pham Thanh Nghien's family has not been able to visit her since her arrest, and they have no information on her health.

The writers below were also detained in the crackdown and continue to be held:

• Nguyen Xuan Nghia, poet and writer, member of the Hai Phong Association of Writers and founding member of the banned democracy movement known as Block 8406. Arrested on 11 September 2008.
• Le Thi Kim Thu, online reporter and photographer, arrested on 14 August 2008.
• Pham Van Troi, dissident writer and activist, known for his contributions to the underground dissident review Tu Do Dan Chu (Freedom and Democracy). Arrested on 10 September 2008.
• Nguyen Van Tuc, farmer, poet and human rights defender, known for his numerous writings on social injustice and satirical poems published on overseas websites. Arrested on 10 September 2008.
• Ngô Quỳnh, student and dissident writer, author of online dissenting articles, including 'Viet Nam needs to compile a new History-book' and 'Journey to Lang Son's Dairy', published on overseas websites. Arrested on 10 September 2008.

English PEN continues to call for their immediate and unconditional release in accordance with Article 19 of the United Nations International Covenant of Civil and Political Rights to which Vietnam is a signatory. We seek assurances of their well being, and urge that they are given full access to all necessary medical care and are allowed family visits as a matter of urgency.

For the BBC's country profile on Vietnam, please click here.


Please send appeals:

- Expressing concern at reports that writers remain detained or under heavy surveillance as a consequence of their peaceful activities and protests during August and September 2008.
- Seeking assurances of the well-being of writers Nguyen Hoang Hai and Pham Thanh Nghien, and urging that they are given full access to all necessary medical care and are allowed family visits.
- Calling for the immediate and unconditional release of all those detained for the peaceful exercise of their right to free expression in Vietnam, in accordance with Article 19 of the International Covenant on Civil and Political Rights, to which Vietnam is a signatory.

Appeals to be sent to:

His Excellency Nguyên Minh Triêt
President of the Socialist Republic of Vietnam
C/o Ministry of Foreign Affairs
Hanoi
Socialist Republic of Vietnam

Nguyên Tân Dung
Prime Minister
1 Hoang Hoa Tham Street
Hanoi
Socialist Republic of Vietnam

Lê Doan Hop
Minister of Culture and Information
1 Hoang Hoa Tham Street
Hanoi
Socialist Republic of Vietnam

Please note that there are no fax numbers available for the Vietnamese authorities, so you may wish to ask the diplomatic representative for Vietnam in your country to forward your appeals. It would also be advantageous to ask your country's diplomatic representatives in Vietnam to intervene in the case.

HE Mr. Tran Quang Hoan
12 Victoria Rd
London, W8 5RD
Fax: 0207 937 6108 or 0207 565 3853

HM Ambassador Mark Kent
Central Building
4th floor
31 Hai Ba Trung
Hanoi

Fax: ( 84) (4) 3936 0551
Email: behanoi@hn.vnn.vn

Azerbaijan: Imprisoned journalists released

Azerbaijan: Imprisoned journalists released

Published: April 15, 2009

English PEN was delighted to learn that independent journalists Sakit Mirza Zakhidov and Asif Marzili were released from prison on 9 April 2009.

The following is an alert from the Committee to Protect Journalists, who have since urged Azerbaijani authorities to free the remaining journalists serving jail terms on trumped-up criminal charges, published on 9 April:

Zakhidov, a prominent satirist and commentator for the pro-opposition daily Azadlyg in Baku, was released early this morning under the Pardon Act passed by parliament in March, the Baku-based news agency Trend reported. Zakhidov served all but two and a half months of his three-year prison term; he was arrested in June 2006 on fabricated charges of drug possession. Azerbaijan's parliament passed the amnesty act to mark the spring holiday of Novruz, local press reported. Trend reported that up to 1,700 prisoners may be released under the act.

In a separate case, the appeals court in Baku annulled the verdict of a lower court and released Marzili, the editor of the independent weekly Tezadlar. Marzili had been sentenced on Tuesday to one year in prison on defamation charges, the Azeri Press Agency reported. The same court also scrapped today the six-month suspended corrective labor sentence against Zumrud Mammedova, a Tezadlar freelancer, who was sentenced on Tuesday in the same case.

"We are relieved that at long last Sakit Zakhidov, whose only crime was doing his job, is free and reunited with his family and friends," said CPJ's Europe and Central Asia Program Coordinator Nina Ognianova. "We also commend the appeals court's decision to scrap the charges against Asif Marzili and Zumrud Mammedova. However, these positive developments are overshadowed by the continued imprisonment of at least four other journalists in Azerbaijan. We call on President Ilham Aliyev and his government to release them immediately."

Emin Huseynov, director of the Baku-based Institute for Reporters' Freedom and Safety, told CPJ that Zakhidov and Marzili told him they will continue their work in journalism. Huseynov met with Zakhidov today and said the satirist is eager to return to his work at Azadlyg.

English PEN would like to thank all those who sent letters of appeal to the authorities in Azerbaijan on behalf of Sakit Mirza Zakhidov.

***UPDATE: New York, April 15, 2009: The Committee to Protect Journalists issued the following statement after authorities released Ali Hasanov, editor of the pro-government daily Ideal, who had been serving a six-month jail term for criminal defamation. The journalist served all but one month of his sentence and was freed under the Pardon Act passed by parliament last month.

"We welcome the early release of Ali Hasanov but remain gravely concerned about at least three other journalists who remain behind bars on trumped-up charges in Azerbaijan," said CPJ Europe and Central Asia Program Coordinator Nina Ognianova. "The government of President Ilham Aliyev should end its restrictive policy towards the press and release all jailed journalists."

Free speech groups call on Thailand to repeal repressive legislation

Free speech groups call on Thailand to repeal repressive legislation

Published: April 6, 2009

Index on Censorship, English Pen and Article 19 today expressed concern over the 10-year prison sentence given to Thai blogger Suwicha Thakhor.

Suwicha was arrested in January and held in custody until his conviction on 3 April 2009 of lèse majesté for material he posted on his blog which was deemed to have defamed the monarchy. Defaming, insulting or threatening the king or the royal family is an offence under Section 112 of Thailand's Penal Code. Suwicha's lawyer has said he will apply for a royal pardon.

Charges of lèse majesté have increased dramatically since the September 2006 coup which deposed Prime Minister Thaksin Shinawatra. In January 2009, Australian writer Harry Nicolaides was sentenced to three years' imprisonment but was later pardoned by the king. In February, an arrest warrant was issued for Thai-British academic Giles Ji Ungpakorn for his book, A Coup For The Rich, criticising the 2006 military coup. Giles fled the country to avoid imprisonment.

In May 2008, BBC Southeast Asia correspondent Jonathan Head was accused of lèse majesté after 'inappropriate photographs' were posted on the BBC's news wesbite. Several issues of the Economist carrying articles about the king have been pulled from the shelves in Thailand. Paul M Handley's biography of the monarch, The King Never Smiles, has been banned in Thailand since its publication in 2006, and websites advertising the book have been blocked.

The Ministry of Information and Communication Technology claims to have shut down more than 2,000 websites alleged to have contained lèse majesté material. And on 23 January, the Senate set up an extraordinary committee to oversee the blocking of further sites, warning that over 10,000 could be targeted.

In a letter to the king of Thailand, Article 19, English PEN and Index on Censorship wrote: "This is an extremely harsh sentence. We are deeply concerned about the routine use of lèse majesté to silence criticism and dissent in Thailand. We ask that Suwicha Thakhor be pardoned, and that the Thai authorities repeal a law that is chilling free speech."

International guarantees of freedom of expression require public figures to tolerate more, rather than less, criticism. By providing special protection for royalty, lèse majesté laws breach these guarantees.

For further information contact:

Toby Mendel, ARTICLE 19, a19law@hfx.eastlink.ca, 1 902 431-3688,
Robert Sharp, English PEN, robert@englishpen.org, 44 (0) 020 7713 0023,
Jo Glanville, Index on Censorship, jo@indexoncensorship.org, 44 (0) 20 7278 2313.

Mexico: Journalist and family threatened

Mexico: Journalist and family threatened; fears for safety

Published: April 1, 2009

English PEN protests the threats issued against El Diario de los Altos editor Miguel Ángel Casillas in Jalisco State in March 2009. The threats allegedly come from 'Los Zetas', a paramilitary criminal gang linked to drug traffickers, on behalf of a local politician, after the newspaper was critical of a dam project in the area. English PEN is calling on the authorities to provide safety measures for Casillas, his family and other journalists at the newspaper and to carry out a full investigation into the threats.

The following is an urgent action alert issued by Amnesty International on 25 March 2009. PEN members are asked to send appeals following the guidance given in the alert as a matter of urgency.

Miguel Angel Casillas, editorial director of local newspaper, Diario de los Altos, was threatened on 18 March by a man claiming to be an official in charge of the Zetas' department (a notoriously criminal organization responsible for hundreds of murders). The threat was made because Miguel Angel Casillas and the newspaper he works for have given critical coverage to a dam development project in el Zapotillo, Los Altos region, Jalisco state.

On 18 March, Miguel Angel Casillas received an anonymous call on his mobile from a mansaying "We know who you are, where you live, where you go, who your family are and we want to know how you are going to cooperate with us" (sabemos quién es usted, sabemos dónde vive, sabemos cómo se mueve, sabemos quién es su familia y queremos saber cómo piensa colaborar con nosotros). The caller insinuated that he was acting on the behalf of a politician who wished to damage Miguel Angel Casillas and added that "from this point on you and your family are at risk" (corre peligro a partir de ahora, usted y su familia).

The day before receiving the anonymous phonecall, Miguel Angel Casillas noticed that both his personal email and that of the newspaper he works for had been hacked. The hackers had left a message stating that "Today the email of the newspaper has been kidnapped. Careful what you publish we don't want to hurt anyone. Regards from Jalisco State Congress, from a friend that likes you a lot and is watching anxiously over you. Rightist Jalisco".(Hoy el secuestro fue del korreo elektonico del medio kuidado kon lo ke publican no keremos lastimar a nadie. Saludos desde el congreso de Jalisco de un amigo que te quiere mucho y te vigila con ansias de encontrarte. Yunque Jalisco)

Miguel Angel Casillas has submitted a official complaint with the Jalisco State Public Prosecutor's Office and the State Human Rights Commission.

BACKGROUND INFORMATION

The project to build el Zapotillo dam in Jalisco state on the Rio Verde has led to concern among local communities, particularly those of Temacapulín, Palmarejo and Acasico which will be flooded. Despite previous commitments by the state government to consult the public on the project, the Diario de los Altos and local human rights organizations have been critical of the project and the failure of the authorities to consult adequately with local communities or provide reliable and detailed information on impact and compensation packages.

RECOMMENDED ACTION:

Please send appeals to arrive as quickly as possible, in Spanish or your own language:

- Calling for safety measure to be provided for Miguel Angel Casillas Báez, his family and other journalists at the Diario de los Altos and for protection measures to be implemented in accordance with their wishes;

- Calling on the authorities to instigate a thorough, prompt and impartial investigation into the email and telephone threats against Miguel Angel Casillas, including any possible links to local politicians, for the results to be made public and for those responsible to be held to account;

- Calling on the authorities to fulfil their obligations under the UN Declaration on the Rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms, and ensure that human rights defenders have a right to carry out their activities without any restrictions or fear of reprisals.

APPEALS TO:

Governor of Jalisco

Emilio González Márquez

Gobernador del Estado de Jalisco

Palacio de Gobierno,

Av. Corona No. 31, Planta Baja

Col. Centro

Guadalajara C.P. 44100

Estado de Jalisco

MÉXICO

Fax: ( 52 33) 36 48 1601/02

Email: emilio.gonzalez@jalisco.gob.mx

Salutation: Dear Governor/ Señor Gobernador

Attorney General of Jalisco

Lic. Tomás Coronado Olmos

Procurador del Estado de Jalisco

Procuraduría General de Justicia del Estado

Calle 14 no. 2567

Colonia Zona Industrial

Guadalajara, C.P. 44940

Estado de Jalisco

MÉXICO

Salutation: Dear Attorney/ Señor Procurador

Minister of Interior

Lic. Fernando Francisco Gómez-Mont Urueta

Secretaría de Gobernación

Bucareli 99, 1er. piso,

Col. Juárez, Del. Cuauhtémoc,

México D.F., C.P.06600, MEXICO

Fax: 52 55 5093 3414

E-mail: secretario@segob.gob.mx

Salutation: Señor Secretario/Dear Minister

COPIES TO:

Human Rights organization

Instituto Mexicano Para el Desarrollo Comunitario (IMDEC), A.C

A.C. Pino 2237-A, Col. del Fresno, Guadalajara, Jalisco C.P 44900

Mexico

Human Rights Commission of Jalisco:

Lic. Felipe de Jesús Álvarez Cibrián

Presidente de la Comisión Estatal de Derechos Humanos de Jalisco

Pedro Moreno No. 1616

Col. Americana

Guadalajara C.P. 44160

Estado de Jalisco

MÉXICO

Fax: ( 52 33) 36 69 11 01

Salutation: Dear President/ Señor Presidente