Lê Thi Công Nhân and Nguyên Van Dai's sentences were reduced on appeal trial to 4 and 3 years of imprisonment from 5 and 4 years respectively.

The Supreme Appeals Court in Hanoi cut the sentence of Nguyen Van Dai from five years to four years, followed by four years’ house arrest, and reduced Le Thi Công Nhân's imprisonment from four years to three, followed by three years’ house arrest, for “conducting propaganda against the Socialist Republic of Vietnam” (Article 88 of the Criminal Code). He had been sentenced to five years’ imprisonment and four years’ house arrest on May 11, 2007 on the same grounds.

During appeals hearing, Dai and Nhân, both human rights attorneys, argued that they had committed no crime and were being punished for their beliefs.

Prosecutors argued that Dai, 38, and Nhân, 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 Nhân told the court that they had been jailed for disagreeing with the government.

"I have always encouraged nonviolence in the struggle for democracy," Nhân 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 Nhân 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 Nhân 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 Nhân 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 Nguyên Van Ly, a dissident Catholic priest who was sentenced to eight years in prison in March.

Defense attorney Le Công 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 Nguyên Minh Man chastised the defendants for promoting democracy during interviews with foreign news agencies before their arrests, according to AP.

RAPPEL : They were charged under Article 88 of Vietnam's Criminal Code, which prohibits the dissemination of anti-government "propaganda". More specifically, Dai was accused of using his law office "to draft, archive, and circulate documents biased against the Vietnamese state;" and of conducting courses in his office through which he "spread libellous and distorted news against the State and through which he recruited members for illegal organisations established by anti-Government elements, including groups so-called 21st Century Democracy Party, Viet Nam Progress Party and Bloc 8406." The judge at his trial said Dai and Nhân had "seriously violated Vietnam's constitution and laws by denigrating the Communist Party's role" and "misrepresented the situation of democracy and human rights in Vietnam."

The official press reports say Dai and Nhân were represented by lawyers, but that the lawyers offered no convincing evidence on their behalf. Letters to the government signed by Dai's wife and Nhân's mother preceding the trial urged the postponement of the trial so the lawyers could have time to prepare a case; and also pointed out numerous violations of Vietnam's Criminal Procedure Code in their arrest, imprisonment and treatment while waiting for trial.

Their trial was preceded by a barrage of media denuciations against them. Vietnam News Agency claims their verdict met widespread public approval in Vietnam; it cited two lawyers with the Hanoi Bar Association, a war veteran, and a priest with the Catholic solidarity committee (of the Fatherland Front) in a diocese of the Central Highlands who said all his parishioners supported the verdict.

This was the second trial in a week of dissidents accused of violating Article 88 of the Criminal Code. Tomorrow another such trial is to take place in Ho Chi Minh City, of Tran Quoc Hien, a spokesman for the banned United Workers and Farmers' Organization and member of Bloc 8406, on charges of defaming the state and disrupting security.

The unfair political show trials and heavy prison sentences have met widespread protest from human rights organizations and government officials. But apparently the protests fall on deaf ears as they have no economic or political leverage behind them.

For their part Vietnamese government officials claim that no one is imprisoned in Vietnam for their political views -- apparently it is only the expression of views that can lead to imprisonment, when those views are considered to be slanderous of the political leadership in Vietnam.

L'IDHAE  expresses its deep concern at Mr. Nguyên Van Dai’s sentencing and arbitrary detention, which seem to directly aim at sanctioning his activities in favour of human rights and are in flagrant violation of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, which states in its article 12.2 that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.

ACTION RECOMMANDÉE : dans les appels que vous ferez parvenir le plus vite possible aux destinataires mentionnés ci-après (en français, en anglais ou dans votre propre langue) :

·        Demandez    la remise en liberté, sans condition et dans les plus brefs délais, de Lê Thi Công Nhân et Nguyên Van Dai, ainsi que toutes les personnes dont les écrivains, journalistes, avocats et défenseurs des droits humains notamment, détenues arbitrairement ou condamnées injustement pour avoir exercé leur droit à la liberté d’expression et d’association – droit garanti par la Constitution de la République Socialiste du Vietnam (RSV) et du Pacte International relatifs aux Droits Civils et Politiques, dont fait partie l’Etat du Vietnam.

·        Faites part de votre inquiétude quant aux risques de mauvais traitements qui pèsent sur Lê Thi Công Nhân et Nguyên Van Dai et nous vous demandons de garantir leur santé et leur sécurité;

·        Demandez aux autorités vietnamiennes  de faire cesser immédiatement le harcèlement auquel sont soumis Lê Thi Công Nhân et Nguyên Van Dai  en raison de leurs activités politiques et professionnelles pacifiques qui constitue une violation de leurs  droits à la liberté d’expression et d’association, et notamment de l'article 19 du Pacte international relatif aux droits civils et politiques (PIDCP) que la République du Vietnam s'est engagée à respecter tant que partie à cet instrument international, et qui  exige que toute personne ait droit à la liberté d'expression, ce droit comprenant «la liberté de rechercher, de recevoir et de répandre des informations et des idées de toute espèce, sans considération de frontières» .

·        Rappelez-leur également qu'en vertu de l'article 5 de la Déclaration sur le droit et la responsabilité des individus, groupes et organes de la société de promouvoir et protéger les droits de l'homme et les libertés fondamentales universellement reconnus, chacun a le droit, aux niveaux national et international, de communiquer avec des organisations non gouvernementales ou intergouvernementales.

APPELS À :

Premier ministre :
Nguyên Tan Dung
Office of the Prime Minister
Hoang Hoa Tham
Ha Noi
République socialiste du Viêt-Nam
844 823 1872 (via le ministère des Affaires étrangères)
Courriers électroniques : [Email] (via le ministère des Affaires étrangères)
Formule d’appel : Dear Prime Minister, / Monsieur le Premier Ministre,

Ministre de la Sécurité publique :
Le Hong Anh
Ministry of Public Security
44 Yet Kieu Street
Ha Noi
République socialiste du Viêt-Nam
Fax : + 844 825 2733
Formule d’appel : Dear Minister, / Monsieur le Ministre,

Ministre de la Santé :
Tran Thi Trung Chien

Ministry of Health
138A Giang Vo Street Ban Dinh District Ha Noi République socialiste du Viêt-Nam Fax : + 844 826 5303 Formule d’appel : Dear Minister, / Madame la Ministre,

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TAKE ACTION NOW !