http://www.earthtimes.org/articles/show/273359,us-calls-for-release-of-vietnam-lawyer-who-defended-activists.html

5- Concern mounts over Vietnam lawyer's arrest

 AFP

AFP/File â€“ A photo of a local police newspaper on June 16 in Hanoi shows Le Cong Dinh being arrested in Ho Chi Minh â€¦

Tue Jun 16, 5:47 am ET

HANOI (AFP) – International concern mounted Tuesday over the arrest of a prominent lawyer in Vietnam, with Human Rights Watch saying his detention would have a "chilling effect" on the country's legal profession.

The arrest of Le Cong Dinh at the weekend is "yet another setback" for the rule of law in communist Vietnam, said Brad Adams, Asia director for the US-based rights watchdog.

Dinh, 40, was arrested for allegedly colluding "with domestic and foreign reactionaries to sabotage the Vietnamese state," the government's Vietnam News Agency said.

"By arresting one of the country's most prominent human rights lawyers, other lawyers will think twice before taking up politically-sensitive cases," Adams said on Tuesday.

"This will have a chilling effect on Vietnam's legal profession."

The country's lawyers, he added, should be able to carry out their work without fear of harassment, intimidation, or arrest -- an internationally-recognised right reflected in agreements signed by Vietnam.

Dinh's case is another indication "of the Vietnamese authorities' determination to basically stifle freedom of expression", Amnesty International said Tuesday.

"It's very worrying," said Janice Beanland, of the London-based rights watchdog.

Global press freedom monitor Reporters Without Borders (RSF) said Dinh had written many pro-democracy articles and called for his immediate release.

"We fear that this arrest is aimed at punishing a respected man who promotes the cause of the rule of law in Vietnam," the Paris-based group said in a statement late Monday.

The United States called for the unconditional release of Dinh and other prisoners in detention for peacefully expressing their views.

State Department spokesman Ian Kelly said Monday that nobody should be arrested for expressing the right to free speech, and no lawyer should be punished because of the individuals he or she chooses to counsel.

Dinh's arrest "contradicts the government's own commitment to internationally-accepted standards of human rights and to the rule of law," Kelly said.

Washington is "deeply concerned" by the lawyer's detention, he added.

Dinh had written commentaries on legal issues in prominent Vietnamese newspapers and was part of the legal team that defended two other lawyers, Nguyen Van Dai and Le Thi Cong Nhan, in 2007.

Dai was sentenced to five years in jail while Nhan got four years on charges of spreading propaganda against the state. An appeal court later cut both sentences by one year.

Vietnam News Agency alleged he defamed officials "and took advantage of" a controversy over bauxite mining "to stir up thoughts against the party and the state."

In 2007 the government approved a plan for major mining operations to be run by state-owned Vietnam National Coal and Mineral Industries Group (Vinacomin) in the Central Highlands.

In a one-party state where public protest is rare, the move triggered an outcry from scientists, intellectuals and former soldiers worried over the environmental, social and security implications.

Nguyen Hue Chi, a professor of literature who helped organise a petition against bauxite mining, on Tuesday called Dinh a well-educated and patriotic man who "dared to express his personal viewpoint... and expressing personal viewpoint is not a crime."

State media said Dinh was arrested under the Penal Code's Article 88, which Amnesty's Beanland said is "so vaguely worded that it criminalises peaceful political dissent."

She said Vietnam has imprisoned at least 30 dissidents since 2006, some of them under Article 88.

Vietnam says it does not punish anyone for political views and only prosecutes criminals for breaking the law

http://news.yahoo.com/s/afp/20090616/wl_asia_afp/vietnamjusticerights_20090616095059

6- Calls have mounted for the release of a prominent lawyer

AFP

“ A policeman stands guard near two giant Vietnamese flags. Calls have mounted for the release of a prominent â€¦

Tue Jun 16, 2:46 am ET

HANOI (AFP) – Calls have mounted for the release of a prominent lawyer in communist Vietnam, with Human Rights Watch saying his arrest would have a "chilling effect" on the country's legal profession.

The arrest of Le Cong Dinh at the weekend is "yet another setback" for the rule of law in Vietnam, said Brad Adams, Asia director for the US-based rights watchdog.

Dinh, 40, was arrested by security forces on Saturday for "collusion with foreign forces" to carry out acts of opposition against the government, state radio reported.

"By arresting one of the country's most prominent human rights lawyers, other lawyers will think twice before taking up politically-sensitive cases," Adams said on Tuesday.

"This will have a chilling effect on Vietnam's legal profession."

Vietnamese lawyers, he added, should be able to carry out their work without fear of harassment, intimidation, or arrest -- an internationally-recognised right reflected in agreements that Vietnam has signed.

Global press freedom watchdog Reporters Without Borders (RSF) said Dinh had written many pro-democracy articles and called for his immediate release.

"We fear that this arrest is aimed at punishing a respected man who promotes the cause of the rule of law in Vietnam," the Paris-based group said in a statement late Monday.

The United States called for the unconditional release of Dinh and other prisoners in detention for peacefully expressing their views.

State Department spokesman Ian Kelly said Monday that nobody should be arrested for expressing the right to free speech, and no lawyer should be punished because of the individuals he or she chooses to counsel.

Dinh's arrest "contradicts the government's own commitment to internationally-accepted standards of human rights and to the rule of law," Kelly said.

Washington is "deeply concerned" by the lawyer's detention, he added.

Vietnam, a one-party state, says it does not punish anyone for political views and only prosecutes criminals for breaking the law.

http://news.yahoo.com/s/afp/20090616/wl_asia_afp/vietnamjusticerights_20090616064643

7- Reuters - Vietnam arrests defender of pro-democracy activists

HANOI (Reuters) Vietnamese police have arrested a lawyer who defended pro-democracy activists, accusing him of working with "hostile" outside forces to sabotage the state and slandering leaders including the country's prime minister.

Le Cong Dinh was "colluding with domestic and foreign reactionaries to sabotage the Vietnamese State," the state-run Voice of Vietnam reported. Several other state-controlled news outlets in the Communist country also reported the arrest.

The General Department of Security was quoted as saying the Ho Chi Minh City-based lawyer had been arrested on Saturday under article 88 of the penal code, which bans the distribution of propaganda against the state.

Dinh had written and published on overseas web sites several articles that were designed to distort and damage socio-economic policies and libel key leaders, including Prime Minister Nguyen Tan Dung, the newspaper Thanh Nien said in a report on its Web site (www.thanhnien.com.vn) on Sunday.

In 2007, Dinh defended two other prominent human rights lawyers, Nguyen Van Dai and Le Thi Cong Nhan, who were jailed on similar charges of "spreading propaganda against the state." Dinh also worked with Nguyen Quoc Quan, a U.S. citizen of Vietnamese origin who had planned to distribute pro-democracy literature.

Thanh Nien reported that Dinh had used the opportunity of defending those people to "damage and distort the constitution and other laws of the Socialist Republic of Vietnam."

Dai and Nhan had advocated a multiparty system and gave legal advice to people who said authorities prevented them from practicing religion. The government has said they broke the law and were not convicted for their political views. Quan was deported to America after several months in detention.

A brief bio of Dinh on Thanh Nien's Web site said he worked for the law firm Coudert Brothers for four years in the mid- to late-1990s, and then two years studying law in the United States.

(Reporting by John Ruwitch; Editing by Sanjeev Miglani)

http://www.reuters.com/article/worldNews/idUSTRE55D05K20090614

8- AP: US calls for release of arrested Vietnam activist

By BEN STOCKING – 5 hours ago

HANOI, Vietnam (AP) — The U.S. Embassy in Vietnam expressed deep concern Tuesday about the arrest of a prominent lawyer known for his pro-democracy writings and defense of human rights activists.

Le Cong Dinh, 41, was arrested Saturday at his home in Ho Chi Minh City and accused of violating Article 88 of Vietnam's criminal code, which prohibits distributing information harmful to the government. He faces up to 20 years in prison if convicted.

The U.S. Embassy issued a statement calling for Dinh's immediate release.

"No individual should be arrested for expressing the right to free speech, and no lawyer should be punished because of the individuals they choose to counsel," the statement said.

According to accounts in Communist Vietnam's state-controlled media, authorities believe Dinh "colluded with domestic and foreign reactionaries" bent on "sabotaging" the state and overthrowing the government.

Dinh, one of Vietnam's most high-profile attorneys, came to prominence several years ago when he defended Vietnamese catfish farmers in a trade dispute with U.S. fishermen. He also represented two human rights attorneys, Nguyen Van Dai and Le Thi Cong Nhan, who were jailed by the government in 2007 for allegedly spreading anti-government propaganda.

In his defense of Dai and Nhan, he made a strikingly direct plea for free expression, highly unusual in a country where the government tightly controls public speech. Dinh has argued it is wrong to accuse those who promote free speech of undermining the state.

The Communist Party newspaper Nhan Dan said Dinh used the trial to "take advantage" of his work as a defense lawyer and "propagandize against the regime and distort Vietnam's constitution and laws."

Authorities also accused Dinh of exploiting a national debate over an expansion of bauxite mining in Vietnam's Central Highlands to "incite people against the Communist Party and the government," according to the official Vietnam News Agency.

Dinh opposed the expansion, which includes a processing plant being built by a Chinese company. The plans have stirred an unusual level of debate in Vietnam, where government policies are rarely challenged.

Opponents of the plans say they would cause grave environmental damage. They also say Vietnam should not allow a Chinese company into the Central Highlands because of its strategic location among the border with Cambodia.

Suspicions of China are deep in Vietnam, which has fought several wars against its northern neighbor, most recently in 1979.

The Central Highlands are home to many of Vietnam's ethnic minority groups.

Dinh studied law at Tulane University in New Orleans for two years on a Fulbright scholarship.

His arrest came just days after Vietnam hosted the 17th Congress of the International Association of Democratic Lawyers, a United-Nations affiliated group which supports the Universal Declaration of Human Rights.

Copyright © 2009 The Associated Press. All rights reserved

9- BBC :Vietnam holds high-profile lawyer

http://news.bbc.co.uk/2/hi/asia-pacific/8099416.stm

10- Call for release of lawyer who defended bloggers and free expression activists

Published on 15 June 2009

Reporters Without Borders today called on Vietnam to immediately release the lawyer Le Cong Dinh, author of many pro-democracy articles and a known human rights activist, who was arrested two days ago.

The 41-year-old lawyer, who has defended several bloggers and free expression activists, is facing a long prison sentence for his articles and commentaries in the Vietnamese press and online.

He was arrested on 13 June 2009 for allegedly “plotting to overthrow the government”, according to Vietnamese journalists who spoke to Reporters Without Borders. Le has no political affiliation but writes regularly about human rights.

The police told the press that he would be charged under Article 88 of the criminal law that punishes the distribution of news and information hostile to the state. The lawyer is charged with using the trials of some of his clients to damage the state and to have “colluded with foreign-based and internal reactionaries to sabotage the Vietnamese state”.

Deputy director general of the public security department, Vu Hai Trieu, said he had collected “a lot documents and evidence showing attempts to overthrow the Vietnamese state”.

Several sources said his arrest could be linked to a complaint laid by several Vietnamese lawyers against the head of government Nguyen Tan Dung about the granting of a bauxite mine concession to a Chinese company, a case which has caused an outcry in Vietnam.

“In a state which applies the rule of law, a lawyer defending his clients has the right to make facts public before a court and in the press. We fear that this arrest is aimed at punishing a respected man who promotes the cause of the rule of law in Vietnam”, the worldwide press freedom organisation said.

“After intimidating journalists working for the liberal press and the Catholics, the government is now attacking lawyers, the final bulwark in the defence of freedoms,” it said.

Le Cong Dinh has defended lawyers and bloggers Nguyen Van Dai and Le Thi Cong Nhan, and the renowned blogger Dieu Cay.

http://www.rsf.org/Call-for-release-of-lawyer-who.html

11- Basic Principles on the Role of Lawyers

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990

Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia, their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion,

Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,

Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,

Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms,

Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel,

Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured to untried prisoners,

Whereas the Safe guards guaranteeing protection of those facing the death penalty reaffirm the right of everyone suspected or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on Civil and Political Rights,

Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime,

Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession,

Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest, The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.

Access to lawyers and legal services

1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.

2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.

3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources.

4. Governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Special attention should be given to assisting the poor and other disadvantaged persons so as to enable them to assert their rights and where necessary call upon the assistance of lawyers.

Special safeguards in criminal justice matters

5. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence.

6. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services.

7. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.

8. All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.

Qualifications and training

9. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.

10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.

11. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.

Duties and responsibilities

12. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.

13. The duties of lawyers towards their clients shall include:

(a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients;

(b) Assisting clients in every appropriate way, and taking legal action to protect their interests;

(c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.

14. Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession.

15. Lawyers shall always loyally respect the interests of their clients.

Guarantees for the functioning of lawyers

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.

17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.

18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.

19. No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.

20. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.

21. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time.

22. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.

Freedom of expression and association

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.

Professional associations of lawyers

24. Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.

25. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.

Disciplinary proceedings

26. Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.

27. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.

28. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.

29. All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.