Vietnamese lawyers argue for free speech in dissident appeal
HANOI - A Vietnamese court reduced the sentences of two jailed dissidents by one year on Tuesday in an appeal trial where defence attorneys directly challenged the law used to convict them as violating free-speech guarantees. Attorneys Nguyen Van Dai and Le Thi Cong Nhan were convicted in May of"spreading propaganda against the Socialist Republic" under Article 88 of Vietnam's criminal code for holding "democracy seminars" in their Hanoi offices.
"I am a political prisoner, not a criminal," Dai, 38, said Tuesday during the trial at which his sentence was reduced from five to four years.
Nhan, 27, vowed to continue speaking out when her prison term - reduced to three years from four - was complete.
The appeal case, which came amid a crackdown on opposition groups, is one of the most open legal challenges to communist Vietnam's sedition laws and has been closely watched by diplomats and human-rights groups.
"Talking about democracy and human rights cannot be seen as anti-government unless the government itself is against democracy," attorney Le Cong Dinh argued before Hanoi Appeals Court.
At least five pro-democracy activists were detained Tuesday outside the court, according to witnesses and a police source. They were released later, police said.
In the trial, five defence lawyers made a spirited case for the activists to be set free, arguing that the "democracy seminars" that Dai and Nhan hosted did not constitute harm to the state.
Defense attorney Dinh also challenged the legality of Article 88, saying Vietnam's constitution guarantees freedom of speech.
"If they were charged with Article 88 for what they said, then Article 88 conflicts with the constitution," Dinh said.
Another defence attorney, Tran Lam, also argued for the dissidents to be freed.
"Saying I want democracy in Vietnam doesn't mean I want to overthrow the Communist Party of Vietnam," Lam said. "They haven't committed a crime and so must be freed."
In reducing the sentences, Judge Nguyen Minh Man cited the defendants' "honesty" but said the two remained guilty of "distorting and making slanderous accusations about the situation in Vietnam."
The judge declined to address the constitutionality of Article 88.
Foreign diplomats, who were allowed to view the trial along with reporters through a television feed, welcomed the sentence reduction and the fairly open trial, but urged the government to release political prisoners.
"We continue to urge Vietnamese authorities to release all non-violent political activists who simply exercise their rights to freedom of expression and association as guaranteed under Vietnamese law and international covenants," a European diplomat said.
Deutsche Presse Agentur - November 27, 2007.
Vietnamese court reduces sentences of two human rights lawyers
HANOI - A Vietnamese court reduced the sentences of two pro-democracy activists Tuesday, less than a year after they were sent to prison for spreading anti-government propaganda.
The Supreme Appeals Court in Hanoi cut the sentence of Nguyen Van Dai from five years to four years, and reduced Le Thi Cong Nhan's imprisonment from four years to three, citing their good behavior and histories.
During Tuesday's appeals hearing, Dai and Nhan, both human rights attorneys, argued that they had committed no crime and were being punished for their beliefs.
Prosecutors argued that Dai, 38, and Nhan, 28, had committed serious crimes and should not be released, but favored shortening their sentences by one year because they had been honest with investigators.
Dai and Nhan told the court that they had been jailed for disagreeing with the government.
"I have always encouraged nonviolence in the struggle for democracy," Nhan said.
Dai said he had committed no crimes. "I just had a different opinion than the Communist Party of Vietnam."
Western diplomats welcomed the sentence reduction but said Vietnam should release citizens who have been jailed for their beliefs.
"The United States is concerned in instances of individuals being detained for peacefully exercising their legitimate right of peaceful speech," said embassy spokeswoman Angela Aggeler. "We have raised these cases with the highest levels of the Vietnamese government and will continue to do so."
Dai and Nhan were among several pro-democracy activists jailed during a crackdown on dissent by the party, which does not tolerate challenges to its rule.
Before their March 6 arrests, Dai and Nhan held discussions on human rights with Vietnamese students. Dai also represented ethnic minorities who were members of Protestant faiths.
When they were convicted in May, prosecutors said Dai and Nhan had violated a broad prohibition on spreading propaganda against the government. The pair collaborated with overseas pro-democracy advocates and used the Internet to advance their views, prosecutors said.
Prosecutors also said the defendants had worked with Thadeus Nguyen Van Ly, a dissident Catholic priest who was sentenced to eight years in prison in March.
Defense attorney Le Cong Dinh said the pair should be commended for standing up for their beliefs.
"They are patriots," he said. "That is why they bravely and peacefully expressed their political opinions."
Judge Nguyen Minh Man chastised the defendants for promoting democracy during interviews with foreign news agencies before their arrests.
Dinh replied that Vietnamese citizens should be free to grant interviews — just as President Nguyen Minh Triet felt free to talk to CNN during his visit to the United States this year.
The Associated Press - November 26, 2007.
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