Vietnam: Statement Regarding the Matter of Mr. Le Quoc Quan: Violation of Rights to Pre-Trial Release | Statement

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Introduction

Mr. Le Quoc Quan, a qualified lawyer, active blogger and human rights defender, is currently arbitrarily detained by the Government of Viet Nam due to having exercised his right to freedom of expression, right to freedom of peaceful assembly and association, as well as his activities as a human rights defender.

This Statement, submitted by Lawyers’ Rights Watch Canada (LRWC), addresses the failure of the Government of Viet Nam to ensure Mr. Quan’s right to freedom from arbitrary arrest and detention and his right to a remedy and reparation for suffering caused by his unlawful detention.

This Statement does not address other violations of international law by the Government of Viet Nam in relation to the present arbitrary detention of Mr. Quan, including, inter alia, Viet Nam’s failure to protect and ensure: (1) the right to a fair trial before a competent, independent and impartial tribunal; (2) the right to disclosure and to make full answer and defence; and (3) freedom from malicious prosecutions and prosecutions based on illegitimate charges.

Viet Nam is a signatory to the International Covenant on Civil and Political Rights (ICCPR)[1] and the International Convention on the Elimination of all Forms of Racial Discrimination (CERD)[2] and is bound by its obligations under those Conventions. As a member of the United Nations, Viet Nam is expected to comply with and respect the Universal Declaration of Human Rights (UDHR)[3] and the various principles, guidelines, standards and recommendations adopted by the UN General Assembly and other prominent international organizations relating to pre-trial detention, as well as relevant rules of customary international law relating to arbitrary arrest and detention.

In this statement, LRWC calls on the Government of Viet Nam to:

• release Le Quoc Quan immediately and unconditionally;
• ensure that Le Quoc Quan is able to effectively access his right to a remedy in accordance with international law and that he is provided with just compensation for the arbitrary detention which he suffered; and
• take such other steps as are necessary to prevent further violations of Le Quoc Quan’s freedom to participate in public life and his rights to freedom of expression, association and assembly as recognized and guaranteed by the ICCPR and the UDHR.