Case History: Le Quoc Quan
On 27 June 2015, human rights defender Mr Le Quoc Quan completed his two and a half year imprisonment sentence. He was convicted on the trumped up charge of tax evasion in 2013.
Le Quoc Quan is a Vietnamese human rights lawyer, democracy activist and Catholic blogger. Prior to his imprisonment in 2012, he ran a blog where he wrote about various issues including civil rights, political pluralism and religious freedom. As a lawyer, he represented many victims of human rights violations, before being disbarred in 2007 on the fabricated suspicion of engaging in “activities to overthrow the regime”.
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- 1 Julho 2015 : Human rights defender released after serving 2.5 years on trumped up charges
- 24 Fevereiro 2014 : Two photographs of Le Quoc Quan - Blog Post
- 18 Fevereiro 2014 : Sentencing upheld in appeal trial of Le Quoc Quan
- 14 Fevereiro 2014 : Vietnamese Lawyer and Blogger Le Quoc Quan on Hunger Strike
- 7 Outubro 2013 : Human rights defender Mr Le Quoc Quan sentenced to 30 months' imprisonment
- 24 Setembro 2013 : Trial of human rights defender Mr Le Quoc Quan set for 2 October 2013
- 25 Julho 2013 : President Barack Obama Sent Joint Letter Requesting he Raise the Case of Le Quoc Quan During Meeting with Vietnamese President
- 12 Julho 2013 : Trial of human rights defender Mr Le Quoc Quan postponed indefinitely
- 4 Julho 2013 : Joint letter Sent To High Representative Catherine Ashton ahead of Trial of Human Rights Defender Le Quoc Quan
- 18 Junho 2013 : Joint Letter About Detained Human Rights Defender Le Quoc Quan Sent to John Kerry
- 19 Março 2013 : Joint Press Statement calling for the immediate release of Le Quoc Quan
- 28 Agosto 2012 : Attack on human rights lawyer Mr Le Quoc Quan
Human rights defender Le Quoc Quan upon his release: ‘I will go ahead, because I believe it is good for the people of Viet Nam.’
On 27 June 2015, human rights defender Mr Le Quoc Quan completed his two and a half year imprisonment sentence. He was convicted on the trumped up charge of tax evasion in 2013. He was reunited with his family upon leaving prison in the province of Quang Nam, and stated that he will now resume his work in the defence of human rights.
Le Quoc Quan is a prominent lawyer, blogger and human rights defender. Prior to his imprisonment, Le Quoc Quan ran a blog where he wrote about various issues including civil rights, political pluralism and religious freedom. As a lawyer, he represented many victims of human rights violations, before being disbarred in 2007 on the fabricated suspicion of engaging in “activities to overthrow the regime”.
Le Quoc Quan was arrested in 27 December 2012, on trumped up allegations of tax evasion. He was held incommunicado for the next two months and spent fifteen days on hunger strike. The date for his trial was initially set for 9 July 2013 in the People's Court of Hanoi, but this was postponed when the judge was feeling unwell. On 2 October 2013, over nine months after his arrest, the human rights defender was sentenced to 30 months' imprisonment, and his company ordered to pay an alleged unpaid tax of 645 million Vietnamese Dong (approximately €22,561) and a fine of 1.3 billion Dong (approximately €45,472) for the offence of tax evasion under Section 161 of the Penal Code. On 18 February 2014, the Hanoi Court of Appeal upheld Quan's conviction.
Le Quoc Quan had been repeatedly targeted as a result of his legitimate human rights work prior to his imprisonment in 2013. In 2012, the human rights defender was attacked outside his home in Hanoi. In 2011, he was arrested while protesting outside the trial of fellow human rights defender Mr Cu Huy Ha Vu and detained for a week. In 2007, Le Quoc Quan was detained for three months and charged with taking part in “activities to overthrow the people's government”. He was later released following international protests.
Lawyers for Lawyers conducted the following interview with Le Quoc Quan on 29 June 2015, one day after his release.
You have been in prison for 2,5 years. What was it like?
‘The first 1,5 years of my imprisonment were very difficult. The conditions were harsh. I was in a prison cell of 60 square meters with about 50 other persons. Among them were killers, robbers, people with severe diseases. After the appeal hearing they took me to another prison, 850 kilometres away from Hanoi. The conditions were better there. I was there with 10 other prisoners of conscience. I shared a room of 20 square meters with one other prisoner. We had a toilet, water, access to newspapers and we were allowed to watch TV 3 hours per day. One channel only. The state channel of course. The food was really bad, but we were allowed to receive some supplies from our family, like noodles and cake. I refused to go to work, because I am innocent. The process against me is a miscarriage of justice. My sentence is based on false accusations of tax evasion. I have been on hunger strike four times, because this is a miscarriage of justice. The fine of USD 59,000 is still outstanding. I do not want to pay, as I am innocent. The big question for me is what will happen if I do not pay. We don’t have enough money to pay anyway. I was afraid to be arrested again as soon as I was released. But they let me go. I am at home now. There were many supporters waiting for me at the airport, even people I never met before. Many people come to visit me at my home now.’
Were you aware of the international support while you were in prison?
‘The first 2 years, I did not know that so many organizations were focussing on my case. Now, I am aware of the international attention, the letters to the Government of Viet Nam, the decision of the UN Working Group on Arbitrary Detention, the fact that my case was raised by many foreign politicians. I know that many people sent me Christmas cards last year, to my address in prison. I never received these Christmas cards. Maybe the wards of the prison collected them and put them on walls of their office. I am very thankful to the people who sent me these cards, because it makes the authorities realize that people all over the world care about my case.’
Will you continue with blogging about human rights issues?
‘Of course! I will continue with doing what I believe is good for the Nation. I will be working for a better Viet Nam. Progress for our Nation is my goal. Yes, I am afraid that I will be arrested again. I try to overcome the fear. I will go ahead, because I believe it is good for the people of Viet Nam. I will not go abroad, I prefer to stay in Viet Nam. It is worth it, even if I devote my life.’
Two photographs of one man. One of a father, one of a prisoner. One of a content and energetic man, one of a man shrunken by hunger strike and bowing under the weight of a desperate injustice.
Le Quoc Quan is a human rights defender from Vietnam who has worked for the rights of factory workers and the poor. He is an influential blogger and a debarred lawyer who challenged the legitimacy of the state by working to empower the voiceless of Vietnam. A man who stood for the rights of others and faced the consequences.
Arrested in December 2012 on spurious charges of tax evasion, Le Quoc Quan was sentenced to 30 months prison in October 2013. He denies the charges, which he maintains are motivated not by justice, but by a political system which cannot allow dissent or challenge.
Physically reduced by confinement to a dark prison cell and a hunger strike against the injustice of his sentence, Le Quoc Quan has not, however, been reduced in spirit. The human rights defender appealed the sentence on 18 February 2014.
In the second photograph, we see Le Quoc Quan looking thin and frail at his appeal trial, wrapped in a woolen jumper and heavy coat, looking tired and downcast. According to his brother, he was on the 17th day of a hunger strike by the time of the trial, reportedly swooning from tiredness at one point, having to be propped up by bailiffs.
Writing from his cell before the appeal hearing, Le Quoc Quan expressed gratitude to his supporters, saying that even from his “dark prison cells,” the support he has received, “warms my heart immensely and […] further gives me confidence in the path I have chosen.”
In his letter, Le Quoc Quan says that he is at peace in prison and believes in a brighter future for Vietnam. These words seem incongruous beside the photograph of a man shrunken by maltreatment and hunger, oppressed and shackled by the judiciary of Vietnam. But this incongruity only highlights the integrity of Le Quoc Quan and his desire for a more just Vietnam. One in which human rights are respected, and in which individuals are offered dignity and a voice.
Le Quoc Quan's appeal was quashed by the Hanoi Appeal Court, meaning that his 30 month prison sentence will be upheld. The news will not only be distressing to Le Quoc Quan and his supporters, but to all human rights defenders in Vietnam, who face repression and sanction for their work. The Appeal Court's decision is a powerful indictment of those who would stand up for the rights of others and has locked behind bars a courageous defender of human rights.
In his letter, Le Quoc Quan calls on others to continue the struggle against oppression by, “awakening our conscience and changing from within.” This too is a powerful indictment, an indictment of the injustice of a corrupt judiciary and a broken political system.
Le Quoc Quan does not sign off his prison letter in resignation, straining under the weight of his imprisonment and hunger, but with the optimism and clarity which we can see in the first photograph. He declares, “long live Vietnam!” and pens a poem in which he cries out for his country's spring.
Thinking of Mother this Spring
Mother, this Spring I cannot
Ring in the new year with my wife and children
Inside the four walls, cold at night
My heart breaking with the pain of homesickness
****
Another spring, my head turns more silver
Angry that I have not fulfilled my filial duty
Mother don't be sad; I am crying
For our country's spring
Le Quoc Quan
This blog post was written by Christopher McAteer, former web editor intern at Front Line Defenders.
On 18 February 2014, an appeals courts in Vietnam upheld the verdict against human rights defender Mr Le Quoc Quan. Le Quoc Quan is a human rights defender and lawyer. He was arrested on 27 December 2013 and sentenced to 30 months' imprisonment on 2 October 2013 on spurious charges of tax evasion.
Members of the EU Delegation to Vietnam, as well as representatives of the US and Canadian embassies were allowed to attend the trial, along with some journalists, but were kept in a separate room and had the trial broadcast to them. Le Quoc Quan's lawyer, wife and mother also attended. About 100 supporters who were not allowed to attend protested outside the court. The trial took a total of four hours, and the verdict was returned within 30 minutes.
The EU Delegation has released a statement expressing its concern over the outcome of today's trial, particularly in light of the fact that Vietnam was recently elected to the UN Human Rights Council. The statement also requests that Vietnam take the necessary steps to remedy this situation, given that in August 2013, the UN Working Group on Arbitrary Detention found the detention of Le Quoc Quan to be arbitrary due to violation of fair trial standards.
Front Line Defenders condemns the ongoing arbitrary detention of Le Quoc Quan and calls for his immediate and unconditional release.
A coalition of international NGOs, including Front Line Defenders, have called on the government of Vietnam to comply with the decision of the United Nations Working Group on Arbitrary Detention and release jailed Vietnamese blogger and human rights lawyer Le Quoc Quan immediately.
The following press release was issued on 13 February 2014 by the coalition of NGOs:
Jailed Vietnamese blogger and human rights lawyer Le Quoc Quan has launched a hunger strike to protest the refusal by prison authorities to provide him access to legal counsel, access to legal and religious books, and access to a priest for spiritual guidance, ahead of his appeal trial on 18 February 2014 in Hanoi. Le Quoc Quan has been imprisoned since 27 December 2012.
In 2013, the detention of Le Quoc Quan was condemned by the United Nations Working Group on Arbitrary Detention as a violation of his right to freedom of expression and his right to a fair trial. It found that Le Quoc Quan had been targeted for his work as a lawyer and a blogger and called for his immediate release or for his conviction to be reviewed by an independent court. It also recommended that Viet Nam pays damages to Le Quoc Quan for his arbitrary detention. The government of Viet Nam has yet to respond to this decision.
A broad coalition of NGO’s and networks from around the world call on the government of Viet Nam to comply with the decision of the United Nations Working Group and release Le Quoc Quan immediately: Media Legal Defence Initiative, Media Defence-Southeast Asia, Lawyers for Lawyers, Avocats Sans Frontières, Front Line Defenders, Access, English PEN, Reporters Without Borders, the Electronic Frontier Foundation, ARTICLE 19, Index on Censorship, Lawyers’ Rights Watch Canada, the National Endowment for Democracy, the World Movement for Democracy, the Electronic Frontier Foundation and PEN International. They concluded that the conviction and ongoing detention of Le Quoc Quan are arbitrary and violate his internationally protected rights to liberty, timely access to legal counsel and a fair trial. The UN Working Group stated that “the real purpose of the detention and prosecution might eventually be to punish him for exercising his rights [to freedom of expression] and to deter others from doing so.”
On 2 October 2013, human rights defender Le Quoc Quan was sentenced to 30 months' imprisonment on spurious charges of tax evasion under section 161 of the Penal Code.
Le Quoc Quan is a prominent human rights lawyer and blogger. He was arrested on 27 December 2012 and has been remanded in detention since. He was held incommunicado for the first two months of his detention and spent fifteen days on hunger strike. The date for his trial was initially set for 9 July 2013 in the People's Court of Hanoi, but this was postponed when the judge was feeling unwell.
On 2 October 2013, Judge Le Thi Hop of the People's Court of Hanoi sentenced Le Quoc Quan to 30 months' imprisonment. Furthermore, Le Quoc Quan's company has been ordered to pay an alleged unpaid tax of 645 million Vietnamese Dong (approximately €22,561) and a fine of 1.3 billion Dong (approximately €45,472) for the offence of tax evasion under Section 161 of the Penal Code. During the trial, police set up a barricade around the Court to keep out hundreds of demonstrators who gathered to support Le Quoc Quan and trial observers who were denied entry into the Court.
In 2011, Le Quoc Quan was detained for a week after being arrested while protesting outside the trial of fellow human rights defender, Mr Cu Huy Ha Vu. In 2008, Le Quoc Quan was disbarred from Hanoi Bar Association for his human rights activism and, in 2007, he was detained for three months and charged with taking part in “activities to overthrow the people's government”. He was later released following international protests.
Front Line Defenders believes that the arrest and trial of Le Quoc Quan were solely motivated by his legitimate and peaceful work in defence of human rights and condemns the decision to sentence him. Front Line Defenders calls the authorities to reverse the conviction and immediately release Le Quoc Quan.
On 2 October 2013, the People's Court in Hanoi will hear the case of human rights defender Le Quoc Quan, who has been held in detention since 27 December 2012 and whose trial was postponed on 8 July 2013.
Le Quoc Quan is a prominent lawyer, blogger and human rights defender. He has a long history of being targeted by the Vietnamese authorities in retaliation for his work. As a lawyer, he represented many victims of human rights violations, but was disbarred in 2007 on suspicion of engaging in “activities to overthrow the regime”. Le Quoc Quan also runs a blog where he writes about various issues including civil rights, political pluralism and religious freedom.
On 27 December 2012, Le Quoc Quan was arrested on trumped up allegations of tax evasion, was held incommunicado for the first two months and spent fifteen days on hunger strike. Currently the human rights defender remains imprisoned awaiting trial.
A joint letter has been sent to President Barack Obama to request that he raises the case of imprisoned blogger, lawyer and human rights defender Le Quoc Quan during a meeting, on July 25 2013, with his Vietnamese counterpart Truong Tan Sang.
The letter, which was sent on 23 July 2013, has been signed by 19 human rights organisations including Front Line Defenders.
Le Quoc Quan was arrested in 27 December 2012, on trumped up allegations of tax evasion. He was held incommunicado for the first two months and spent fifteen days on hunger strike. Currently the human rights defender remains imprisoned awaiting trial, which was originally scheduled for 9 July 2012 but has been postponed indefinitely as explained in this update by Front Line Defenders.
The human rights defender has long been targeted by the Vietnamese authorities in retaliation for his work. As a lawyer, he represented many victims of human rights violations, but he was disbarred in 2007 on suspicion of engaging in “activities to overthrow the regime”. In addition to his work providing legal representation, Le Quoc Quan runs a blog where he writes about various issues including civil rights, political pluralism and religious freedom.
On 8 July 2013, the Vietnamese authorities decided to postpone the trial of Le Quoc Quan indefinitely. The trial was supposed to be held at the People's Court of Hanoi on 9 July 2013. The explanation given was that the judge was not feeling well. Under Vietnamese law, a postponed trial has to held within 30 days after the postponed date. In some circumstances, the postponement can be extended to a maximum of 45 days.
Le Quoc Quan is a prominent lawyer, blogger and human rights defender. He has a long history of being targeted by the Vietnamese authorities in retaliation for his work as a human rights defender.
As a lawyer, he represented many victims of human rights violations, but was disbarred in 2007 on suspicion of engaging in “activities to overthrow the regime”. In addition to his work providing legal representation, Le Quoc Quan runs a blog where he writes about various issues including civil rights, political pluralism and religious freedom.
The postponement was announced a few days after a joint public letter sent on 4 July by Front Line Defenders and 11 other human rights organisations to the High Representative of the European Union for Foreign Affairs and Security Policy Ms Catherine Ashton, urging her to pay special attention to the upcoming trial of Le Quoc Quan.
Le Quoc Quan was arrested in 27 December 2012, on trumped up allegations of tax evasion. He held incommunicado for the first two months and is currently imprisoned ahead of his trial which had been expected to take place in the People's Court of Hanoi on 9 July 2013.
A joint letter has been sent to the High Representative of the European Union for Foreign Affairs and Security Policy Catherine Ashton calling on her to pay special attention to the case of prominent lawyer, blogger and human rights defender Le Quoc Quan who faces trial on 9 July 2013.
The letter was sent on 1 July 2013 and has been signed by 12 human rights organisations including Front Line Defenders.
Le Quoc Quan has long been targeted by the Vietnamese authorities in retaliation for his work as a human rights defender. As a lawyer, he represented many victims of human rights violations, but was disbarred in 2007 on suspicion of engaging in “activities to overthrow the regime”.
The human rights defender was arrested in 27 December 2012, on trumped up allegations of tax evasion. He held incommunicado for the first two months and is currently imprisoned ahead of his trial which will take place in the People's Court of Hanoi on 9 July 2013. It is understand that his trial will be public.
On 17 June 2013, a joint letter was sent to US Secretary of State John Kerry requesting that he raise the issue of the unlawful arrest of the prominent lawyer, blogger and human rights defender Le Quoc Quan with the Vietnamese Government at the ASEAN conference due to take place later this month.
The letter has been signed by 12 organisations including Front Line Defenders.
Le Quoc Quan has been held in solitary detention by the Vietnamese authorities since his arrest on 27 December 2012 on trumped up allegations of tax evasion. He has been allowed to see his lawyer only twice and has been refused any access to his family. His trial will take place on 9 July 2013.
The human rights defender has long been on the radar of the Vietnamese authorities in retaliation for his work. As a lawyer, he represented many victims of human rights violations, but was disbarred in 2007 on suspicion of engaging in “activities to overthrow the regime”.
Despite such threats, he continued with his human rights advocacy and as a result he has been arrested several times since. In August 2012, he was hospitalised after being severely beaten near his home by unknown assailants. The assault has not been investigated.
On 13 March 2013, a broad coalition of human rights organisations called for UN free speech and human rights watchdogs to intervene and secure the immediate release of Vietnamese blogger and human rights activist Le Quoc Quan.
Le Quoc Quan has been held in solitary detention by the Vietnamese authorities since his arrest on 27 December 2012 on trumped up allegations of tax evasion. He has been allowed to see his lawyer only twice and has been refused any access to his family.
Le Quoc Quan has long been on the radar of the Vietnamese authorities for his human rights work. As a lawyer, he represented many victims of human rights violations, but was disbarred in 2007 on suspicion of engaging in “activities to overthrow the regime”. Despite such threats, he continued with his human rights advocacy and as a result he has been arrested several times since. In August 2012, he was hospitalised after being severely beaten near his home by unknown assailants. The assault has not been investigated.
The Media Legal Defence Initiative, Lawyers’ Rights Watch Canada, Lawyers for Lawyers, Access Now, Media Defence – Southeast Asia, Electronic Frontier Foundation, Reporters Without Borders, Frontline Defenders, English PEN, Avocats Sans Frontières Network, Index on Censorship and Article 19 have requested that the United Nations’ Special Rapporteurs on freedom of expression, human rights defenders and freedom of association conduct an urgent intervention with the Vietnamese authorities on Le Quoc Quan’s behalf.
In a detailed petition the coalition argues that Le Quoc Quan is being persecuted for his legitimate blogging and human rights advocacy, in violation of his rights to freedom of expression and freedom of association. They argue furthermore that Vietnam is in blatant violation of the principles contained in the UN Declaration on Human Rights Defenders.
A parallel petition has been sent to the UN Working Group on Arbitrary Detention, asking it to formally declare that Le Quoc Quan’s detention is arbitrary and demand his immediate release from the Government of Vietnam.
On 19 August 2012, prominent human rights lawyer Mr Le Quoc Quan was attacked near his home in Hanoi. He believes that the police were behind the attack. As well as providing legal representation to those who are persecuted for claiming their rights, Le Quoc Quan runs a blog. In this blog he writes about various issues including civil rights, political pluralism and religious freedom. He has also participated in a number of protests against China's territorial claims in the South China Sea.
On 19 August, at approximately 8:00 pm, Le Quoc Quan was attacked by three men dressed in plain clothes while walking towards his home from a nearby car park. He was struck three times with steel rods, on the knee, thigh and back, and he also sustained injuries to the head and stomach. The attackers fled the scene when passers-by heard his cries for help. He was hospitalised at the Central Hospital of Transport and Communications in Hanoi. Le Quoc Quan believes that the attack was carried out by police or people connected to the police and that it was meant to discourage his human rights activities.
Le Quoc Quan has been persecuted in the past for what the authorities consider to be his dissident activities. In 2011, he was arrested while protesting outside the trial of fellow human rights defender Mr Cu Huy Ha Vu and detained for a week. In 2008, he was disbarred from Hanoi Bar Association for his human rights activism. Furthermore, in 2007, Le Quoc Quan was detained for three months and charged with taking part in “activities to overthrow the people's government”. He was later released following international protests.
Front Line Defenders condemns the attack on Le Quoc Quan and is deeply concerned for his physical and psychological security. Given the history of harassment and intimidation, Front Line Defenders believes that the attack may be motivated by Le Quoc Quan's legitimate activities in the defence of human rights.
