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Hoang Duc Binh targeted for coverage of Formosa waste spill protests

Status: 
Sentence upheld
About the situation

On 24 April 2018, an appeal court in the central province of Nghe An rejected Hoang Duc Binh’s appeal and upheld the fourteen-year prison sentence handed down to him by the People’s Court on 6 February 2018.

About Hoang Duc Binh

hoang_duc_binh.jpgHoang Duc Binh is a human rights defender and member of Viet Labor, an organisation of labor groups inside and outside Vietnam to protect the rights of workers. He is also an active blogger and covered the environmental disaster caused by the Formosa steel plant in April 2016, its impact on local populations as well as protests against the pollution-causing company.

24 April 2018
Hoang Duc Binh’s fourteen-year prison sentence upheld

On 24 April 2018, an appeal court in the central province of Nghe An rejected Hoang Duc Binh’s appeal and upheld the fourteen-year prison sentence handed down to him by the People’s Court on 6 February 2018.

During the appeal hearing, it came to light that Hoang Duc Binh had been forced to share a cell with prisoners on death row, who had physically attacked him on more than one occasion.

Officials had made a verbal promise to Hoang Duc Binh’s family that all five family members would be allowed to attend the hearing, but in the moments before the trial  security forces told the human rights defender’s parents that only they would be allowed to enter. In Vietnam, friends and family members of human rights defenders who wait outside the court can be subjected to police violence. Hoang Duc Binh’s parents, fearing that their three sons might be attacked during the hearing, decided that it was better for the family to stay together.

Front Line Defenders condemns the court’s decision to uphold the sentence of human rights defender, Hoang Duc Binh, urges the Vietnamese authorities to quash his conviction, and requests his immediate and unconditional release.

7 February 2018
Hoang Duc Binh sentenced to 14 years in prison

On 6 February 2018, the People’s Court of Dien Chau district, Nghe An province sentenced Hoang Duc Binh to 14 years in prison for violating Article 330 and Article 331 of the 2015 Penal Code.

Hoang Duc Binh is an environmental rights defender and a member of Viet Labour, an organisation of labour groups inside and outside Vietnam aiming to protect workers’ rights. As a blogger, he covered the environmental disaster caused by the Formosa steel plant in April 2016, its impact on local populations and protests against the company responsible for the pollution. He was arrested on 15 May 2017 when he was escorting a group of environmental activists to Vinh City.

On 6 February 2017, in a trial which lasted just one day, the People’s Court convicted Hoang Duc Binh of abusing democratic freedoms in order to “to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens” and resist officers on duty. Hoang Duc Binh’s parents were allowed into the courtroom but his brother was detained outside and beaten by the police.

The toxic dump in 2016 by Taiwanese steel firm Formosa destroyed livelihoods in four coastal areas of central Vietnam and resulted in nationwide protests. Many journalists and environmental rights defenders who were covering the protests or were actively involved have been imprisoned Most recently, Nguyen Van Hoa was given a 7 year prison term and three human rights defenders were arrested after discussing the matter with the European Union Delegation in Hanoi.

Front Line Defenders strongly condemns the conviction of human rights defender Hoang Duc Binh, which it believes is solely motivated by his peaceful and legitimate work for human rights in Vietnam, and calls on the Vietnamese authorities to quash his conviction and immediately release the human rights defender.

22 May 2017
Authorities add third charge against Hoang Duc Binh

On 22 May 2017, Vietnamese authorities added a third criminal charge against Hoang Duc Binh related to ‘destroying or deliberately damaging property’. The human rights defender had already been charged with ‘resisting persons in the performance of their official duties” and “abusing democratic freedoms’. These charges are in connection with the defender’s activism and coverage of the Formosa toxic waste spill. Although the human rights defender has been in detention for over three months, no date has been set for the trial. If convicted Hoang Duc Binh faces up to 13 years in prison.

On 22 May 2017, Hoang Duc Binh’s lawyer Ha Huy Son was informed that authorities in the province of Nghe An, in north-central Vietnam, charged the defender with ‘destroying or deliberately damaging property’, under section 143 of the Vietnamese Penal Code. This charge has been added to the previous two charges placed against Hoang Duc Binh after his arrest. On 15 May 2017, Hoang Duc Binh was arrested by the police and charged with ‘resisting persons in the performance of their official duties’ under Article 257 and ‘abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens’ under Article 258 of the Penal Code. If convicted, the defender faces imprisonment of up to 13 years in total.

Several human rights defenders have been targeted by the Vietnamese authorities for covering the April 2016 Formosa toxic waste spill as well as the ongoing protests against the Taiwanese steel plant. The environmental disaster resulted in a large number of fish dying, leaving fishermen jobless in four coastal provinces.

Front Line Defenders condemns the arrest, detention and judicial harassment of human rights defender Hoang Duc Binh, which it believes is solely motivated by his peaceful and legitimate work for human rights, and urges the Vietnamese authorities to immediately and unconditionally release him.

15 May 2017
Environmental rights defenders targeted for their coverage of Formosa waste spill protests

On 15 May 2017, environmental rights defender, Hoang Duc Binh, was arrested by the police and charged with “resisting persons in the performance of their official duties” and “abusing democratic freedoms” by the authorities of the province of Nghe An, in north-central Vietnam. The environmental rights defender, Bach Hong Quyen, is also facing charges of “causing public disorder” for his organisation of an environmental protest. He is currently hiding from a nationwide manhunt launched by the authorities in Ha Tinh province on 12 May 2017.

Download the Urgent Appeal (PDF)

Hoang Duc Binh is an environmental rights defender and a member of Viet Labour, an organisation of labour groups inside and outside Vietnam aiming to protect the rights of workers. Bach Hong Quyen is an environmental rights defender and a member of the Vietnam Path Movement, a human rights group led by prisoner of conscience, Tran Huynh Duy Thuc, and human rights lawyer, Le Cong Dinh. Bach Hong Quyen has been under surveillance since he organised, on 3 April 2017, a march to mark the one-year anniversary of the Formosa waste spill. Hoang Duc Binh and Bach Hong Quyen are active bloggers and covered the environmental disaster caused by the Taiwanese steel plant, Formosa, in April 2016, its impact on local populations, as well as protests against the company as a result of the pollution.

On the morning of 15 May 2017, Hoang Duc Binh was driving to Vinh City with a group of environmental activists – including Catholic priest Nguyen Dinh Thuc who is well known in Vietnam for his environmental rights work – when their car was stopped in the centre of the Dien Chau district by police officers in uniform and unidentified persons in civilian clothing. The police violently removed Hoang Duc Binh from the car, took him and drove away. During the arrest, the police had set up cellphone blockers so that witnesses of the scene could not publish any live videos or photos. Later in the day, the authorities of the province of Nghe An publicised an arrest order for Hoang Duc Binh issued by the province’s People’s Procuracy two days previously. According to the arrest order, the human rights defender is facing charges of “resisting persons in the performance of their official duties” under Article 257 and “abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens” under Article 258 of the Penal Code. If convicted, he faces imprisonment of between six months and three years for the first charge and up to seven years for the second charge. In light of the fact that mistreatment and torture are still widespread practices in Vietnamese jails and detention centres, there are legitimate fears that Hoang Duc Binh could be subjected to ill-treatment while detained by the authorities. The authorities will hold him for investigation for ninety days.

On 12 May 2017, the police in Vietnam’s central province of Ha Tinh officially issued a national arrest warrant against the human rights defender, Bach Hong Quyen, accusing him of “causing public disorder” under Article 245 of the country’s Penal Code. The charge carries a penalty of up to seven years imprisonment. Bach Hong Quyen is currently hiding from the authorities after state media broadcast pictures of him calling for his arrest.

Several human rights defenders have been harassed by the Vietnamese authorities for covering the April 2016 Formosa toxic waste spill, which resulted in a large number of fish dying, leaving fishermen jobless in four coastal provinces. Human rights defenders are also being persecuted for their involvement in ongoing protests against the Taiwanese steel plant, Formosa . On 2 May 2017, environmental rights defender, Le My Hanh, was violently attacked in Ho Chi Minh City by a group of five individuals, a month after she was brutally beaten while covering an environmental protest. On 10 October 2016, blogger and human rights defender, Nguyen Ngoc Nhu Quynh, was arrested and charged for allegedly possessing “anti-government material” linked to the Formosa spill.

Front Line Defenders condemns the arrest and detention of Hoang Duc Binh as well as the arrest warrant issued against Bach Hong Quyen, which it believes are directly related to their peaceful and legitimate work in the defence of human rights in Vietnam.

Front Line Defenders urges the authorities in Vietnam to:

1. Immediately drop all charges against Hoang Duc Binh and Bach Hong Quyen as it is believed that they are solely motivated by their legitimate and peaceful work in defence of human rights;

2. Immediately and unconditionally release Hoang Duc Binh and revoke the arrest warrant for Bach Hong Quyen;

3. Ensure that the treatment of Hoang Duc Binh, while in detention, adheres to the conditions set out in the ‘Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment', adopted by UN General Assembly resolution 43/173 of 9 December 1988;

4. Allow Hoang Duc Binh immediate and unfettered access to his family and lawyer;

5. Cease targeting all human rights defenders in Vietnam and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.