Mr. Le Cong Dinh, Vietnamese lawyer, sentenced to 5-years in prison for his human rights activities

Description of the situation:

The International Observatory for Lawyers expresses strong concern about the 5 years in prison sentence pronounced against Mr Le Cong Dinh by the Ho Chi Minh City Court the 20th of January 2010. Mr Le Cong Dinh will also remain under house arrest for 3 to 5 years.

Mr Le Cong Dinh is a prominent lawyer, and was the Vice Chairman of the Ho Chi Minh City Bar Association. He is well known for having defended two human rights lawyers in 2007, Ms. Le Thi Cong Nhan and Mr. Nguyen Van Dai. At this occasion, Mr. Le Cong Dinh had underlined the non-conformity of the article 88 of Vietnam’s criminal code to the International Covenant on Civil and Political Rights.

Moreover, he had several times called for the respect of human rights and the establishment of a democracy in Vietnam.

On June the 13th 2009, Mr. Le Cong Dinh has been arrested at his law firm office in Ho Chi Minh City. In a first time, he has been charged under article 88 of Vietnam’s criminal code, of “conducting propaganda against the government”.

During a press conference where the Ministry of Public security made public details of Mr. Le Cong Dinh’s “confession” about his activities for democracy, he faced new charges of “carrying out activities aimed at overthrowing the people’s administration”. For this offense, under the article 79 of the Vietnamese criminal code, he risks the death penalty.

For these reasons, the 1st of July 2009, he was disbarred by the Ho Chi Minh City Bar Association and the Justice Ministry deprived him of his right to exercise defense function.

An appeal had been instituted by Mr Le Cong Dinh’s Councel of the decision but questions remain about the possibility for Mr Le Cong Dinh to benefit from an independent and fair procedure.

Appeal of the International Observatory for Lawyers:

The International Observatory for Lawyers reminds that the independence of lawyers is a key barometer of democracy and the effectiveness of the rule of law. We draw attention of the authorities to Basic Principles on the Role of Lawyers adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in Havana, Cuba, 27 August to 7 September 1990.

Principle 16:

“Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”

Principle 23:

“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.”

The International Observatory for Lawyers asks:

1. To the Ho Chi Minh City Court, to review freely, independently and fairly the decision delivered on first hearing and to allow Mr Le Cong Dinh to continue to exercise freely and in all circumstances his human rights defense activities and to take all necessary measures in order to help him to find his liberty.
2. To the Vietnamese authorities and to the diplomatic representations in Vietnam, to take all necessary measures in favour of Mr. Le Cong Dinh to help him to be released and to recognize his right to exercise his defense activities, and in favour of all Vietnamese lawyers who are in the same situation to ensure them in all circumstances the free exercise of their defense mission.
3. To professional organizations and lawyers associations, to provide their support to Mr. Le Cong Dinh and also to the Vietnamese colleagues deprived of their right to exercise their profession, to send this warning and/or their positions to the Vietnamese Bar association in priority, and also to the national and international authorities in order to encourage them to act in favour of Mr. Le Cong Dinh release and ensure him, in all circumstances, the free exercise of his defense mission.
4. To the United Nations Organization, to the European Commission and others international organizations to intercede with the Vietnamese national authorities on behalf of Mr. Le Cong Dinh to invite them to take all necessary measures to lead to his release and to ensure him in all circumstances the free exercise of his defense mission, as well as all the others Vietnamese lawyers who are in the same situation.

To contact the International Observatory for Lawyers:

Observatoire International des Avocats
8 rue du Prieuré 31000 Toulouse (France)
Courriel : observatoire avocatssansfrontieres-france.org<observatoire avocatssansfrontieres-france.org>
Ligne directe : +33 (0)5-34-31-78-79

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