Dr. Nguyen Dan Que, who is one of Vietnam's most
renown democracy activists, was arrested on March 17,
2003, four days after he sent a statement
to his brother,
Dr. Quan Nguyen from an internet cafe.
The statement
criticized the Vietnamese government's
claim
to guarantee freedom of information, pointing out
there
are no independent media in the country. It also endorsed proposed
U.S. legislation that would fund ways to overcome broadcast and Internet
jamming by Vietnam.
Police, quoted in the
official party newspaper Nhan Dan, said Dr. Que, a resident of Ho
Chi Minh City, was caught sending documents with content that "runs
against the State" to the "High Tide Humanist Movement" organization.
Authorities have threatened to charge Dr. Que under Article 80 of
the Criminal Code, which imposes punishment ranging from 12 years
imprisonment to the death penalty for persons found guilty of spying
or performing intelligence activities for foreign countries.
Dr. Que's history of
political activism goes back many decades. He was detained without
trial in 1978 after criticizing the country's political system.
After he was freed, he founded the High Tide Humanist movement, issuing
a manifesto that appealed for support of his moderate, non-violent
struggle to establish human rights for all Vietnamese people. He demanded
that the Vietnamese government invest in the welfare of its people
and reduce the size of its military. Dr. Que was arrested again
in June 1990, and returned to prison without trial. He was released
from prison in September 1998, but remained under virtual house arrest,
with constant government surveillance, restrictions on his movement,
and restrictions on any use of communication, such as phone calls
and letters.
He has been
the recipient of numerous awards for his lifelong commitment to human
rights including the Raoul Wallenberg Award in 1994, the RFK Human
Rights Award in 1995, and the Hellman-Hammett Grant from Human Rights
Watch in 2002.
Belying his prominence,
a group of 12 Nobel Prize winners wrote a letter
to the Prime Minister of Vietnam on September 23, 2003. On March
17, 2004, his brother had an article entitled "Freedom
for Vietnam, Freedom for My Brother" published in the National
Review. On March 30, 2004, 15 former RFK Human Rights Awards
Laureates sent a letter to the President
of Vietnam urging Dr. Que's release.
Freedom Now
was retained in May 2004 by Dr. Que's family to represent him and
worked in close partnership with the Robert
F. Kennedy Memorial.
On June 3,
2004, Freedom Now filed a Petition
to the United Nations Human Rights Commission Working Group on Arbitrary
Detention. The Government of Vietnam filed its Reply
on June 17, 2004.
On July 29, 2004, the
Government of Vietnam - in a closed trial and without providing him
with access to counsel - sentenced Dr. Que to 30 months in prison
for "abusing democratic rights to jeopardize the interests of
the state." A strong outcry
from groups such as Amnesty
International and Human
Rights Watch condemned Dr. Que's sentence. On August 6,
2004, Voice of America broadcast an editorial
reflecting the official view of the U.S. Government condemning the
sentencing of Dr. Que.
On August 30,
2004, Freedom Now filed its Response
to the Government of Vietnam's Reply to the Working Group on Arbitrary
Detention. On October 6, 2004, 12
U.S. Senators and 42
Members of Congress sent letters to the President of Vietnam
calling for Dr. Que's release.
The U.N. Working Group
on Arbitrary Detention issued Opinion
No. 19/2004 on September 16, 2004. After receiving the opinion
in mid-November, Freedom Now released it to the media on November
15 and the judgment received widespread
media attention from Agence France Press and Associated
Press.
On January
28, 2005, a group of 9 NGOs sent a letter
to U.N. Secretary General Kofi Annan urging that he help secure Dr.
Que's release.
A short time
later, the Government of Vietnam announced on January 31, 2005, that
it would release Dr. Que from prison and he walked free on February
1, 2005. See, e.g., Vietnam
Release Two High Profile Dissidents From Jail in Lunar New Year Amnesty,
Associated Press.
top of page