Nguyen Tuong Thuy

Cases
Case status
Unknown
Location of case in SG report
2021-124-001
Relevant SG report
Year of the report
2021
Country Geolocation

Latitude: 14.058324

Longitude: 108.277199

Country Geolocation (linked Cases)
Vietnam
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
  • UN (Dep.) High Commissioner on Human Rights
Dates of prior UN action
17 September 2020, 8 January 2021, 14 January 2021
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

vice chairperson of the Independent Journalist Association of Vietnam (IJAVN) and a human rights defender

Type of rights defended
  • Civil/political rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

Attempted to meet with UN representatives.

Engagement with UN body
  • OHCHR: OHCHR - General
  • UN Country Team
Dates of engagement
7 March 2018
Type of attempted engagement
  • Meeting with UN officials during country visit / with locally present UN officials
Dates of mentioned reprisals
7 March 2018, 23 May 2020, 5 January 2021,
Location of mentioned reprisals
Hanoi, Vietnam
Reprisal information

On 17 September 2020, special procedures mandate holders addressed allegations of police action to prevent Mr. Nguyen Tuong Thuy, vice chairperson of the Independent Journalist Association of Vietnam (IJAVN) and a human rights defender, from meeting with UN representatives. On 7 March 2018, Mr. Nguyen Tuong Thuy was reportedly confined at his residence by approximately twenty police officers to prevent him from meeting with an OHCHR delegation at the UN Representative’s Office in Hanoi (VNM 3/2020). The incident was not publicly reported at the time for fear of further retribution. Mandate holders also referred to Mr. Nguyen Tuong Thuy’s arrest on 23 May 2020 on suspicion of “making, storing, and disseminating documents and materials for anti-State purposes” under Article 117 of the Penal Code also listed under Offenses Against National Security (VNM 3/2020). On 28 December 2020, the Government responded81 confirming Mr. Nguyen Tuong Thuy’s arrest and charges. 125. On 5 January 2021, Mr. Nguyen Tuong Thuy was sentenced to 11 years in prison and three years on probation. The Spokesperson for the High Commissioner for Human Rights expressed concerns at the severe sentence handed down. The Spokesperson also expressed concerns that individuals who try to cooperate with the UN’s human rights bodies are subjected to intimidation and reprisals, potentially inhibiting others from sharing information about human rights issues with the UN.82 On 14 January 2021, mandate holders publicly addressed Nguyen Tuong Thuy’s sentence as part of a rising trend in arbitrary detention, reprisals, ill treatment and unfair trials targeting independent journalists, bloggers, pro- democracy activists and human rights defenders.83 According to information received by OHCHR, on 15 April 2020, Mr. Nguyen Tuong Thuy was transferred to An Phuoc prison, where detention conditions are reportedly better and his relatives were allowed to visit him for the first time since May 2020. Reportedly, Mr. Nguyen Tuong Thuy’s physical and mental health seriously deteriorated during the first few months of 2021.

Types of reprisals suffered
  • Access denied to UN expert/representative
  • Access to UN premises denied
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
  • Charge/Investigation/Prosecution: Conviction
  • Charge/Investigation/Prosecution: Trial
  • Detention/Imprisonment: Detention/Imprisonment - General
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
Yes
Government response dates
12 August 2021
Government response content

On 12 August 2021, the Government responded to the note verbale sent in connection to the present report, stating that the allegations that several individuals were prevented from meeting with the UN representatives were unfounded and untrue, and Vietnamese law enforcement did not prevent or harass those who intended to participate in the meeting. The competent authorities did not receive any reports or complaints related to the mentioned incident. 129. Concerning the cases of Mr. Pham Chi Dung and Mr. Nguyen Tuong Thuy, the Government stated that they were prosecuted due to their activities which violated Vietnamese law, not for the exercise of their fundamental freedoms. It stated that the legal proceedings were carried out on sound legal grounds and with full respect for Vietnamese law that is consistent with international conventions to which Viet Nam is a party. Mr. Thuy is currently serving his sentence in An Phuoc, Binh Duong province, in normal health conditions and has access to healthcare, medical examination, food, and clothes. Regarding allegations that the Government of Viet Nam has a link with the organization named “Ocean Lotus”, the Government contends that they are incorrect and groundless.

Was the case raised by a State at the UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
Yes
How many times has the case been followed up in subsequent SG reports?
1
In which SG report was this case followed up on? 0
2022
Follow up information provided in SG report 0
  1. The case of Mr. Nguyen Tuong Thuy, vice chairperson of the Independent Journalist Association of Vietnam (IJAVN) and a human rights defender, was included in the 2021 report of the Secretary-General on allegations of police action to prevent him from meeting with UN representatives in 2018 (VNM 3/2020). The incident was not publicly reported at the time for fear of further retribution. In January 2021, Mr. Nguyen Tuong Thuy was sentenced to 11 years in prison and three years on probation. According to information received by OHCHR, on 12 March 2022, Mr. Nguyen Tuong received a visit by his wife. Concerns about his physical and mental health conditions persist.
Followup Trends 0
Stayed same
Did the government respond? 0
No