By: Jessica Ties
Impunity Watch, Asia

HANOI, Vietnam – Four  Vietnamese land rights activists who were convicted of “attempting to overthrow the people’s administration” this past May have been ordered to remain in prison after a court refused to grant their appeals and upheld the sentences ranging from five to eight years.

The court decided not to reduce the eight year sentence of Tran Thu Thuy or the seven year sentence of Pham Van Thong but agreed to reduce the six year sentence of Pastor Duong Kim Khai by one year and the five year sentence of Cao Van Tinh by six months. Three other land rights activists were also imprisoned in May and each received two year sentences which they chose not to appeal.

Prior to their arrests, the activists had dedicated years to helping Vietnamese citizens fight against government confiscations of their land.

The activists were arrested in May after authorities alleged that the four individuals had anti-government documents in their possession that reportedly advocated for a multiple party system. Six of the seven activists arrested in May were also accused of being members of Viet Tan, an opposition group that is based in the United States and has been banned in Vietnam.

While the accusation of Viet Tan involvement was made against all seven activists, the organization confirmed that only three of the individuals arrested were members of Viet Tan and that an unspecified number of the defendants attended Viet Tan courses on non-violent struggle. Despite being considered a terrorist organization by the Vietnamese government, the United States has found no proof of terrorist activity being committed by Viet Tan.

During the May trial, one of the defense lawyers was removed from the courtroom and later disbarred on a recommendation made by court officials for “disrespecting the law” when he attempted to argue against the accusations made against the activists.

Viet Tan reports that the jailed activists have not only been denied visits from family members but were also denied access to their lawyer until one day before the appeal trial was to take place.

Following completion of their jail terms, three of the activists will also have to serve five years of house arrest and one of the activists will be required to serve four years.

The plight of the land rights activists comes on the heels of several other cases involving dissidents who have been jailed by the Vietnamese government for expressing pro-democracy views.  The wave of convictions against peaceful activists prompted Phil Robinson of Human Rights Watch to state that “…Vietnam’s leaders seem to think they can sign international human rights treaties with invisible ink.”

For more information, please see:

Businessweek – 4 Vietnam Land Rights Activists Appeal Sentences – 18 August 2011

Radio Free Asia – Court Upholds Activist Sentences – 18 August 2011

Voice of America – Appeal Opens for Vietnamese Pastor, Land Rights Activists– 18 August 2011

Human Rights Watch –Vietnam: Free Peaceful Land Rights Activists – 17 August 2011

By Greg Donaldson
Impunity Watch, Asia

NEW DEHLI, India – After many fierce political debates over government corruption, India officials introduced a bill to parliament on Thursday that would create an independent anti-corruption agency. However, many have described the bill as “toothless.” Anti-corruption activist Anna Hazare, who has led the most recent hunger strikes, called the bill a “cruel joke.”

The bill would create a powerful ombudsman with the authority to investigate accusations against government officials. The bill excludes the prime minister, members of parliament, and other officials from the jurisdiction of the ombudsman. Many critics of the bill have asked why the President of the United States and other high ranking officials throughout the world can be freely investigated, but the same cannot be said of Indian officials.

Anti-corruption activists have further complaints about the bill. In section fifty-six of the bill, legal assistance paid for by the government will be given to every government official tried before the ombudsman at the request of the accused. If the claims of the accuser are found to be false, then the accuser can be subject to a two to five year prison sentence and a fine of Rs 25,000 but which may extend to Rs 2 lakh.

Activist Arvind Kejriwal told the Times of India the bill was tilted in favor of the corrupt and against the whistleblowers. “The bill is heavily tilted against the whistleblower. There are various stages in the Lokpal’s (Ombudsman) process of inquiry where the accused is allowed to see documents or access records and get assistance that will work against the whistleblower. The accused can also go directly to court and file a complaint that allegations are false,” he said.

The bill also provides if the allegations are found to be false the accuser will have to compensate the accused official and pay for any legal expenses incurred by the official as a result of the accuser’s allegations.

Thousands have rallied to fight the weakness of the proposed bill. The Times of India launched an “Act Against Corruption” campaign a few weeks ago and it is estimated over 100,000 people have joined the campaign.

While India does have a dark history of government corruption, analysts worry that an all-powerful ombudsman, who is not accountable to anyone, could lead to legal chaos.

Anna Hazare has already announced he will begin a new hunger strike on August 16^th hoping for a stronger bill that gives the ombudsman jurisdiction over the prime minister and other high ranking officials.

For more information, please see:

DNA — Lokpal Bill must echo people’s views: Justice Santosh Hegde – 6 August 2011

The Times of India — ‘Lokpal Bill tilted in favour of the corrupt — 5 August 2011

The Times of India — Over 1 lakh join Times Online campaign for strong Lokpal – 5 August 2010

BBC – Indian anti-corruption bill tabled in parliament – 4 August 2011

New York Times — Skepticism Over India’s Anticorruption Bill – 4 August 2011