Location: Geneva
Date: 2 June 2023
Subject:
(1) Viet Nam
(2) Nicaragua
(3) El Salvador
1) Viet Nam
We are deeply troubled by the detention of prominent environmental human rights defender Hoang Thi Minh Hong in Ho Chi Minh City, Viet Nam, on Wednesday this week. According to credible sources, Hoang and several colleagues were detained for questioning by the Police Division for Economic Crimes on Wednesday. While others were subsequently released and asked to return to the police station for further questioning, she was presented with a temporary detention order with charges of tax evasion.
Hoang is the fifth prominent environmental human rights defenders arrested in Viet Nam for alleged tax evasion in the last two years. Dang Dinh Bach, arrested last year on the same charge, is currently serving a five-year prison sentence.
Following the arrests of other human rights defenders, Hoang had closed her environmental organization, CHANGE VN, saying that she feared she would also be prosecuted. The chilling effect of such cases brought under tax laws is palpable among civil society in Viet Nam, and risks stifling debate on issues of importance to society as a whole.
Arrests of environmental human rights defenders are taking place amid Viet Nam’s stated commitments to a just and sustainable energy transition. To achieve this goal, human rights defenders and environmental organizations must be able to participate freely and actively in shaping climate and environmental policies and decision-making.
We are also deeply concerned about the broader trend of arrests, arbitrary detention, and disproportionate sentencing of journalists, bloggers, Facebook users, social activists, land rights defenders, human rights defenders and leaders of civil society organizations. We have reports that at least 20 such individuals have been arrested so far this year, although the real figure may be higher. Over the past few years, UN human rights mechanisms have addressed the application of restrictive legislation, including vague anti-State propaganda charges against human rights defenders or victims, including those who engage with the UN.
There are also serious concerns about the independence of the judiciary, the right to fair trial, standards of treatment in detention, and the severity of sentences imposed on those prosecuted for exercising their fundamental rights, in particular the freedom of expression.
We call on the Government of Viet Nam to review relevant laws to ensure their full compliance with international human rights standards.
We also urge the authorities to promptly release all those arbitrarily detained, and to ensure that environmental advocates and other human rights defenders are protected and can participate meaningfully in decision-making, without being subjected to intimidation or legal harassment. This is a call that the UN High Commissioner for Human Rights has particularly emphasized to all States, as we mark the 75th anniversary of the Universal Declaration of Human Rights this year.
2) Nicaragua
We have growing concerns that the authorities in Nicaragua are actively silencing any critical or dissenting voices in the country and are using the justice system to this end.
In May alone, 63 people were reported to have been arbitrarily detained throughout the country. In a single night, 55 people were charged with “conspiracy to undermine national integrity” and “spreading false news”, charges that the Government is apparently using to silence its critics. The UN Human Rights Committee already raised such concerns in 2022 during its review of Nicaragua.
During their custody hearings, none of the 55 accused had a lawyer of their own choosing and were represented instead by a public defender imposed on them. Among the detainees were human rights defenders, political opponents, journalists, rural workers, and people linked to the Catholic Church.
This week, three foreign nuns were expelled from Nicaragua and three other nuns were prevented from leaving their convent. Between 21 and 23 May, four priests and four church employees were arrested and detained. Three of them are under house arrest and one is in jail.
Bishop Rolando Álvarez, who is serving a 26 year sentence for “undermining national integrity” and “spreading false news” is currently in “La Modelo”, a prison in Tipitapa near Managua, and has not been permitted any visits since 25 March. The Office has received information that his prison cell has inadequate hygiene and sanitation and no natural light, and that he is not allowed outside – conditions that violate international human rights norms and standards.
At least three of the nine dioceses of the Nicaraguan Catholic Church have had their bank accounts frozen for alleged money laundering. The Government has accused the Church of being a criminal organization supporting what it terms “terrorism” and the destabilization of the country.
On 9 and 11 May, the Supreme Court ruled that 26 lawyers and notaries critical of the Government, including some of the country’s most prominent human rights defenders, could no longer practise law in the country. Twenty-five were stripped of their nationality in February, together with 292 other people. The authorities have confiscated some of their assets and properties.
More than 3,200 organizations have had their legal status cancelled since the end of June 2022. Media outlets have also been forced to close.
We call on the authorities to stop the crackdown on dissent; immediately release all those arbitrarily detained; and restore the legal status of all organizations and media outlets that have been arbitrarily shut down since 2018.
We also urge the Government to address the current crisis through dialogue, accountability for human rights violations and institutional and legislative reforms to restore the rule of law.
The UN Human Rights Office is ready and available to assist Nicaragua to advance human rights in the country. Granting access to our staff would be an important step towards improved cooperation with the UN system.
3) El Salvador
The repeated extension of the state of emergency in El Salvador – which has now been in force since March 2022 – is seriously concerning, especially given the consequences for people’s human rights.
We recognise the complex challenge El Salvador faces in tackling criminality, as well as the grave suffering inflicted by the country’s gangs, which for decades have murdered, raped, robbed and extorted the population.
However, weakening the rule of law and the integrity of the legal system by derogating from fair trial rights is not the answer.
At least 68,000 people have been jailed in El Salvador since the state of emergency came into force. Of these, at least 1,600 people are under 18 years of age.
According to a recent report by a leading NGO (Cristosal), at least 153 inmates have died in prison since the state of emergency was implemented – nearly half of them violently.
Civil society groups doing human rights work and media outlets continue to face risks and attacks. In 2022, civil society organizations documented 182 incidents of human rights defenders and journalists being targeted. On 14 April this year, El Faro, an online news outlet, announced that it was moving its staff from El Salvador to Costa Rica, citing the intimidation and smear campaigns they faced because of their work.
We call on the authorities to lift the state of emergency and review the measures they have introduced. We also call on the authorities to immediately investigate all deaths in custody in line with international standards, to hold those responsible to account, and to guarantee justice and redress for the victims’ family.
