Vietnam court jails activist for 5 years for ‘distributing anti-state propaganda’ – JURIST

Vietnam’s Hanoi People’s Court sentenced prominent activist and former member of the critical YouTube channel CHTV, Phan Van Bach, to five years in prison on Monday. He was convicted under  Article 117 of the Penal Code, which criminalizes “distributing anti-state propaganda.” Phan Van Bach had faced a maximum sentence of 12 years.

Phan Van Bach was arrested on December 29, 2023, at his residence in the Dong Da district, facing charges related to his posts on Facebook. Although he had previously been involved with CHTV, an independent YouTube channel known for addressing social injustice in Vietnam, Phan Van Bach had since shifted his focus to business activities. His wife, Nguyen Thi Lieu, reported that the family was not notified of his detention for five days and only learned of the trial date through his defense lawyer, Le Van Luan. His wife also voiced concerns over Phan Van Bach‘s physical health as she observed significant weight loss from Phan Van Bach during her visit.

On September 12, Human Rights Watch called for the charges against Phan Van Bach to be dropped, condemning his sentencing as part of a broader crackdown on dissent in Vietnam. Patricia Gossman, Associate Asia Director at Human Rights Watch, stated:

Phan Van Bach is the latest victim of the Vietnamese government’s ongoing campaign to crush all dissent. The list of Vietnamese citizens locked up for speaking their minds is getting longer, even as Vietnam’s trading partners look away from its systemic rights abuses.

Since mid-August 2024, Vietnamese courts have sentenced at least nine human rights activists, including, Tran Van Khanh, and Nguyen Vu Binh, to lengthy prison terms under Article 117  for their advocacy of freedom of expression and social justice.

Article 117 is part of a broader legislative framework that critics argue contradicts Vietnam’s international obligations. This article, along with other provisions in the 2015 Penal Code, has been employed to suppress dissent and silence government critics. The 117 Petition, presented by a coalition of 86 individuals and civil society organizations, underscores how these laws, with their broad and ambiguous definitions, significantly restrict Vietnamese citizens’ access to the fundamental rights guaranteed by the nation’s Constitution. Additionally, critics contend that these laws are incompatible with Article 2 of the International Covenant on Civil and Political Rights (ICCPR), to which Vietnam has been a signatory since 1982.

Phan Van Bach has been a vocal participant in several protest movements, including demonstrations against China’s actions in the East Sea in 2011, the Green Tree movement in 2015, and protests following the Formosa environmental disaster in 2016. Through his Facebook posts, he also criticized the government’s suppression of dissidents and advocated for victims of injustice.