Pham Chi Dung

Cases
Location of case in SG report
2014-040-001
Relevant SG report
Year of the report
2014
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
Dates of prior UN action
31 March 2014
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

journalist, writer and independent analyst

Type of rights defended
  • Unclear in SG Report
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

Attempt to participate in a side event convened on 4 February 2014 in connection with the universal periodic review of Viet Nam.

Engagement with UN body
  • UN Human Rights Council: UN Human Rights Council - General
  • UN Human Rights Council: UPR
Dates of engagement
04 February 2014
Type of attempted engagement
  • Participation in meeting on UN premises
Dates of mentioned reprisals
30 Januray 2014; 01 February 2014
Location of mentioned reprisals
Ho Chi Minh City
Reprisal information

On 30 January 2014, Mr. Dung was visited at his home by three officers of the People’s Security Forces, who expressed concern about his scheduled trip to Geneva. Mr. Dung was invited to appear at the Ho Chi Minh Police Department on 1 February 2014, which he declined to do. As he checked in for his flight to Geneva at Ho Chi Minh International Airport on 1 February 2014, Mr. Dung was stopped by two security officers, who confiscated his mobile phone and passport, and informed him that he was barred from leaving the country. Approximately one hour later, Mr. Dung was allowed to return home, but his passport was not returned.

Types of reprisals suffered
  • Property damage/raid/search/confiscation
  • Travel restriction
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?
No
Government response dates
11 July 2014
Government response content

Government stated that the allegations were inaccurate and that preventing Mr. Dung from boarding the flight to Geneva did not relate to his legal human rights activities.

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?
No
How many times has the case been followed up in subsequent SG reports?
2
In which SG report was this case followed up on? 0
2020
Follow up information provided in SG report 0

  1. The case of journalist Mr. Pham Chi Dung was included in the 2014 report of the Secretary-General (A/HRC/27/38, para. 40) after he was prevented from traveling to Geneva in February 2014 to participate in a side event on the second cycle of the UPR of Viet Nam (VNM 5/2014). 94

  2. On 22 January 2020, special procedures mandate holders addressed the reported detention of Mr. Pham Chi Dung (VNM 5/2019) after he publicly expressed human rights concerns, following the visit of a November 2019 European Parliament Committee on Trade (INTA) delegation to Viet Nam. On 21 November 2019, Mr. Pham Chi Dung was reportedly arrested and brought to his house, where a search was conducted. Police reportedly forced him to log onto his computer and print documents that could be related to his advocacy. Mr. Pham Chi Dung was reportedly held under Article 117 of the Vietnamese Penal Code related to “making, storing or disseminating information, documents, materials and items against the Socialist Republic of Viet Nam,” a crime carrying between 10–20 years imprisonment.

  3. On 18 March 2020, the Government stated that the allegations were inaccurate, mostly drawn from unsubstantiated information and did not reflect the nature of the case. The Government provided information regarding Mr. Pham Chi Dung’s detention, including the legal basis for his arrest, his right to legal counsel and family visits, as well as his conditions of detention. 95

  4. On 13 July 2020, the Government responded in detail to the note verbale in connection to the present report. It refuted the allegations pertaining to Mr. Pham Chi Dung, noting that in August 2019, the police started an initial investigation on his activities to create, store and distribute information, documents and materials against the State. The Government stated that on 18 November 2019, the police filed criminal charges, issued a temporary detention warrant and a search warrant against him, according to Article 117 of the Penal Code, and his arrest, detention and the search of his home observed due process of criminal proceedings.

Followup Trends 0
Deterioration/further reprisals
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN Special Procedures: Thematic
In which SG report was this case followed up on? 1
2021
Follow up information provided in SG report 1
  1. The case of Mr. Pham Chi Dung, chairperson of the Independent Journalist Association of Vietnam (IJAVN) and a human rights defender, was included in the 2020 and 2014 reports of the Secretary-General268 on allegations of travel restrictions that prevented him from participating in an NGO side event in Geneva at the margins of the second cycle of the UPR of Viet Nam (VNM 5/2014). In January 2020, special procedures mandate holders addressed his November 2019 arrest and detention (VNM 5/2019269). On 17 September 2020, mandate holders expressed concerns at allegations that neither Mr. Pham Chi Dung’s family nor his lawyer have been allowed to meet or communicate with him since his arrest, and that authorities had refused to accept the lawyer of his choosing (VNM 3/2020). On 28 December 2020, the Government responded stating that the allegations were not accurate, were mostly drawn from unverified sources and did not reflect the nature of the cases. The Government indicated that the arrest and detention of Mr. Pham Chi Dung and the search of his home followed due process of criminal proceedings set forth in the law and provided information on his rights to defence lawyers and family visits.270
  2. On 5 January 2021, Mr. Pham Chi Dung was sentenced to 15 years in prison and five years on probation. The Spokesperson of the High Commissioner for Human Rights expressed concerns at the lengthy pre-trial detention and severe sentence handed down on crimes against national security. 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.271 On 14 January 2021, mandate holders publicly addressed Pham Chi Dung’s sentence as part of an increase in prosecutions, arbitrary detention, reprisals, ill-treatment and unfair trials targeting independent journalists, bloggers, pro-democracy activists and human rights defenders in Viet Nam.272
Followup Trends 1
Deterioration/further reprisals
Date of follow up 1
17 September 2020, 14 January 2021
Did the government respond? 1
Yes
Was this case followed up by a UN body? 1
  • UN Special Procedures: Thematic
  • UN Special Procedures: UN Special Procedures - General
  • UN (Dep.) High Commissioner on Human Rights