Uwazi

Six representatives of villagers involved in a long-running land dispute with a sugar company in Koh Kong have been summoned for questioning again by the provincial court over disputed allegations brought by tycoon Heng Huy.

The six were initially summoned along with four others earlier this year over a complaint filed by Huy, who accused them of public defamation and incitement to commit a felony. Four of the 10 have been questioned while the six others asked for a delay at the time.

They face up to two years in prison if convicted.

Koh Kong Provincial Court prosecutor Ros Saram summoned three people to appear for questioning on December 17, and the other three on the following day, in court documents dated November 18 and received by the six representatives on Wednesday, said Chhan Chhoeun, one of the six.

Chhoeun told VOD on Friday that he was ready to testify in court as scheduled. He was not worried because he had done nothing wrong, he said.

“I will tell the court what the reality is. Mr. Heng Huy’s company really encroached on people’s land. How did I defame him?” Chhoeun said. “I only spoke about our land being encroached on.”

Chhoeun said 197 families from Sre Ambel district lost their land because Heng Huy Agriculture Group had encroached on their plots since 2007.

Huy could not be reached for comment.

Another land disputant representative, Ith Toeng, said it was unjust for the court to call villagers for questioning based on Huy’s complaint. He had encroached on people’s land, she said.

“The court seems to be biased in favor of an oknha, while hundreds of people, it has never investigated. [The court] never came to ask for the location of the people’s land but instead believed in the tycoon alone,” Toeng said.

She called on the government to resolve the land dispute and asked the court to consider canceling the summonses.

“I asked the court to clearly inspect before issuing summonses for us to see whether we really have a land dispute with Mr. Heng Huy or not, and please drop accusations against the 10 villagers,” she said.

Pen Vuthea, a monitor with human rights group Licadho in Koh Kong, said the summonses were a threat to keep people from protesting over their lost land.

In order to show concern for people, the government must resolve the dispute soon, and the court should drop the charges against the 10 representatives, otherwise people will continue to protest, Vuthea said.

“For the authorities, if there are still people protesting and going up to Phnom Penh to find a solution, it looks like the government is not finding a solution for people who are the landowners and have lost their land,” he said.

More than 300 people from Koh Kong protested in Phnom Penh this week, calling on the ministries of interior and land management to resolve their land disputes with companies that were granted concessions by the government, including Heng Huy.

In July, the Land Management Ministry rejected the claims of about 100 Koh Kong land protesters who demonstrated outside the ministry in Phnom Penh, and requested that legal action be taken against them.

Student organisations in Pakistan had organised a countrywide student march on Friday to demand the revocation of a 35-year ban on student unions in colleges and university campuses.A day after the Students Solidarity March in Pakistan on Saturday, student activist Alamgir Wazir from the Punjab University in Punjab Province’s Lahore has gone missing.

A gender studies’ student, Wazir came into the limelight due to his “fierce” speech at the march. A video of his speech has gone viral on social media. He says in the video: “We are asking for education, justice, and roads but they are giving us guns".

​Students from Punjab University have been protesting outside the vice chancellor’s office since Wazir went missing, demanding his release. They are saying he has been arrested for chanting slogans against the authorities.

​Wazir has reportedly been vocal about racial discrimination against Pashtuns.

Netizens are condemning the “abduction” of the student leader for voicing his opinion against the Pakistani government. #ReleaseAlamgirWazir is also trending on Twitter, demanding the student’s release.

"This is extremely condemnable & sharamnak we demand immediate release of Alamgir and the perpetrators must be charged for this unlawful act," tweeted MNA Mohsin Dawar. His fellow colleague from the former federally administered tribal areas, Ali Wazir, is related to Alamgir Wazir. The missing Wazir is the MNA's nephew.

Wazir was last seen outside a hostel on the Punjab University campus, when unidentified men in a vehicle took him away at 5 PM on Saturday.

Police in Vietnam’s capital Hanoi on Sunday blocked access to a piano recital held in the city’s Opera House, roughing up a group of environmental activists who had hoped to attend and preventing them from entering, sources said.

The concert, titled “Awake” and performed by pianist Pho An My, featured an environmental theme, the civil society group Green Trees said in a Facebook posting after its members were turned away.

“A large crowd of security forces had gathered outside, just as if they were preparing to disperse a protest, and scores of people were roughed up,” the environmental advocacy group said, adding that paintings about the environment were forbidden from display in the concert hall.

“Security men were stationed every five meters [15 feet] surrounding the theater, and were stopping people from live-streaming or taking pictures. Only the security people were allowed cameras, and they pointed them at concertgoers like they were monitoring criminals,” Green Trees said.

“All gates to the theater were locked right after the concert started, so nobody could leave or enter, and no one could give the artist flowers.”

In its Facebook posting, Green Trees said that police may have thought that concert organizers had received funding from “foreign sources” by way of the environmental group, which also advocates for human rights, freedom of expression, and freedom of assembly in the one-party communist state.

'They were brutal to us'

Speaking to RFA’s Vietnamese Service on Nov. 15, Green Trees member Cao Vinh Thinh said that she and her husband had arrived at the Opera House at about 7:30 p.m. on the evening of the concert.

“As soon as we stopped our motorbike next to the theater, we were approached by a group of about 10 people, two of whom I recognized because they have followed me around for years,” Thinh said, adding that the group ordered her to return home, later forcing her and her husband into a car and driving them home themselves.

“I’m very upset,” Thinh said. “We had bought two tickets, but the money doesn’t matter. What matters most is how they treated us.”

“They were brutal to us, and they deprived us of our rights as citizens. We hadn’t broken any law or rule,” she said.

Also speaking to RFA, pianist Pho An My said that she had only focused on her performance and was unaware of what was happening outside.

“I’m just an artist, and I want to express my thoughts. I’m not an environmental activist,” she said.

Calls seeking comment from police in Hanoi’s Hoan Kiem district rang unanswered on Monday.

Civil society groups restricted

Independent civil society organizations are severely restricted by Vietnam’s communist government, which also controls all media, censors the internet, and restricts basic freedoms of expression.

On Oct. 25, Vietnamese authorities detained environmental activist and filmmaker Thinh Nguyen, a member of Green Trees, in what was thought to be the government’s response to a film, “Do Not be Afraid,” about other environmental activists who were detained for their advocacy.

Green Trees had called on Vietnam’s government just two years before to let it help monitor the payment of compensation to citizens affected by a massive toxic-waste spill in 2016 that left thousands jobless in four central coastal provinces.

Vietnam’s communist regime has convicted Mr. Huynh Minh Tam, 41, and his younger sister Huynh Thi To Nga, 36, of “conducting anti-state propaganda” under Article 117 of the country’s Criminal Code for their online postings critical to the regime, Defend the Defenders has learned.

In the first-instance hearing on November 28, the People’s Court of Dong Nai found Mr. Tam and Ms. Nga guilty of “Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam,” sentencing him to nine years and giving her to five years in prison.

According to their relatives, both Tam and Nga had no their own lawyers.

The indictment said they were posting numerous articles on their Facebook accounts criticizing the communist government for failing to deal with the country’s problems such as human rights abuse, systemic corruption, widespread environmental pollution, and weak response to China’s violations of the country’s sovereignty in the East Sea (South China Sea).

Ms. Nga, a technician in the Saigon-based Nguyen Tri Phuong Hospital, reportedly to participate in the mass demonstration in Ho Chi Minh City on June 10, 2018 to protest two bills on Special Economic Zones and Cyber Security.

Mr. Tam was arrested on February 28 this year while his younger sister was kidnapped in her working place two days later. Police had not informed their families about the allegations against them and kept them incommunicado until their trial. Police also threatened their families, not allowing their relatives to contact with other activists.

Mr. Tam and Ms. Nga are among 21 activists being arrested this year for online activities, 14 of them were charged with “conducting anti-state propaganda” and five were alleged with “abusing democratic freedom” in the National Security provisions of the Criminal Code.

Vietnam’s communist regime has arrested 33 political dissidents, social activists and Facebookers so far this year, including prominent dissident journalist Pham Chi Dung. Hanoi has also convicted 39 activists, mostly on controversial allegations in the National Security provisions of the Criminal Code, sentencing them to a total 199.5 years in jail and 47 years of probation.

Vietnam is holding at least 240 prisoners of conscience, according to Defend the Defenders’ latest statistics. Hanoi always denies of holding any prisoners of conscience, saying it imprisons only law violators.

Pro-democracy activist Joshua Wong Chi-fung has been banned by the Hong Kong court from travelling to London to receive a human rights award from the British parliament, as he faces a charge of inciting anti-government protesters to besiege the police headquarters.

Madam Justice Esther Toh Lye-ping of the High Court on Tuesday refused Wong’s application to vary his bail conditions and lift a travel ban, citing heightened risk of absconding.

Toh said Wong did not need to be present in British parliamentary hearings and meetings in which he was invited, and could instead remain in Hong Kong to help the city return to peace.

Wong, secretary general of localist party Demosisto, was named the recipient of the Westminster Award for Human Life, Human Rights, and Human Dignity by both houses of parliament in Britain, for his “commitments to universal suffrage, human rights and free speech”.

He was the second Chinese person to receive the prize after blind mainland activist Chen Guangcheng was awarded in 2013. District council polls ban was ‘arbitrary’ decision, Joshua Wong says

Wong initially planned to leave Hong Kong next week for 20 days, during which he would attend parliamental hearings and deliver speeches in six European countries, and receive the prize in the Palace of Westminster on December 12.

But Hong Kong’s Eastern Court imposed a travel ban on Wong on August 30 after he was charged with organising, taking part in, and inciting others to take part in an unlawful assembly outside the Wan Chai police headquarters on June 21.

The lower court also refused to lift the ban earlier this month, saying Wong’s proposed trip was “not very important”.

Wong said he was disappointed with the ruling which amounted to “an extra punishment” before he was convicted by the court.

A statement by Demosisto said the court was now under immense pressure following Beijing’s criticism over its ruling on Monday that the anti-mask law was unconstitutional.

“Even in times of social turmoil, it’s really inappropriate and unnecessary for the court to step in and comment on how politicians should behave,” Wong said on Facebook.

He was charged alongside party member Agnes Chow Ting and chairman Ivan Lam Long-yin. The trio will appear in court again on December 19.

A protest to raise awareness about climate change was forced to cancel by the police Friday just minutes after it began in front of a park.

The rally, called Climate Strike Thailand, was scheduled to kick off at Lumpini Park at about 6pm today, but police officers from Lumpini Park arrived at the scene and told them to disperse. The officers refused to give any specific reason, though one eyewitness said police told them it was inappropriate to hold a protest in front of a statue of King Rama VI.

“Ironically, we were trying to get into the park, but somebody in the authorities told us we couldn’t go into the park, that’s why we ended up here,” the protester said.

About 100 people were participating in a “die-in” in front of the statue when police intervened. The memorial is a tribute to King Rama VI, who died in 1925.

The news came as a surprise to the activists because a similar demonstration was held in September without any interference from the authorities.

The climate change protest at Lumpini Park took place in the heart of Bangkok’s financial district; nearby landmarks include Silom Road and Chulalongkorn Hospital.

According to the information received, on November24, 2019, RTI activist and HRD Mr. Parmar was going out of his village Khopalaon his bike along with his brother Mr. Vinod Parmar. They were on their way to Lakhanka village from Khopala. Around 2.30 pm when they reached at Pipal road,nearly 8 kilometres from their village,they were intercepted by four men unknown to the defender who had came on two bikes. They were carrying iron rods and batons. They started hitting the HRD repeatedly with iron rods and abused him by hurling derogatory casteist remarks. Mr. Parmar was also threatened and asked to withdraw the RTI application he had filed recently. Physical attack and beating continued for 5 to 10 minutes. The HRD suffered fractures in both his legs and hands. His elbow also suffered fracture. His lower limbs were also severely injured as a result of the beating inflicted by the assailants. His brother Mr. Vinod Parmar was also roughed up by the assailants. HRD’s brother Mr. Vinod Parmar called on 108 for emergency ambulance through which he was taken to the government hospital and admitted. Sources informed that the assault was carried out by men closely associated with the village sarpanch. RTI activist, Mr. Parmar was earlier threatened by the husband of village sarpanch Ms. Vimala Gabani. He was threatened to withdraw the RTI application filed by him or else he would face dire consequences. Because of the injuries suffered, the HRD had to undergo two surgical operations - one on his left hand and other on his leg. He is still in the hospital and receiving treatment. The Botad Police has filed a case against sarpanch Ms. Gabani, her husband Mr. Jasmat Gabani, son Mr. Sanjay Gabani and four unknown persons under Indian Penal Code sections 324, 325, 504, 506 (2) for causing hurt by dangerous weapon, causing grievous hurt, intentional insult and criminal intimidation along with sections of the Prevention of Atrocities against Scheduled Caste and Scheduled Tribe Act. The case has been transferred to SC/ST cell of Botad Police, Gujarat. However, the police has failed to arrestany of the accused yet.The Hon’ble Commission is once again appraised that manyRTI activists have been harassed and even murdered for seeking information to "promote transparency and accountability in the working of every public authority". Many face assaults on a regular basis. seeking information from their gram panchayat and the local administration also face social ostracism. RTI activists are vulnerable HRDs. Unlike other HRDs, a majority of the RTI activists are not part of an organisation; they often act alone, moved by anger at corruption and other illegal activities. RTI activists are vulnerable because they live in the same areas as authorities and political leaders who do not want information about their activities to disclosed. For the most part, human rights defenders receive media attention only when killed or seriously injured. When complaints are made by RTI activists, law enforcement personnel (who often work with corrupt officials) do not take appropriate action. The Central Information Commissionand State Information Commissions are not mandated to deal with such threats or attacks or to provide protection when needed. Attacks on RTI users have not ceased despite directions from several information commissions and state governments to protect them from harm. Further, per the Declaration on HRDs in the context of human rights violations by third parties, the obligation to protect, first, involves ensuring that defenders do not suffer from violations of their rights by non-State actors. Failure to protect could, in particular circumstances, engage the State‘s responsibility. Even acts and omissions committed by non-State actors under the instructions, control or direction of the State can, under certain circumstances, give rise to State responsibility. Therefore, it is paramount that prompt and full investigations are conducted and perpetrators brought to justice. Failure by States to prosecute and punish such is a clear violation of Article 12 of the Declaration on HRDs.

Vietnamese courts on Thursday sentenced six dissident bloggers and activists to long terms in prison amid a continuing crackdown on online expressions of dissent in the one-party communist state that has seen dozens of people jailed this year, sources said.

In southeastern Vietnam’s Dong Nai province, four men—Doan Viet Hoan, Vo Thuong Trung, Ngo Xuan Thanh, and Nguyen Dinh Khue—were handed prison terms of from 2.5 to three years each on charges of plotting to set explosives, for which no proof was shown in court, a defense attorney said.

“[Prosecutors] had no evidence to prove that the defendants were preparing explosions to go off on April 28, 2019," Nguyen Van Mieng—the lawyer for Nguyen Dinh Khue—told RFA’s Vietnamese Service after the trial.

“If they had wanted to cause explosions, they would have to have had wires, detonators, and material like that. But they had none of those things,” he said, adding, “The police only confiscated their cell phones and messages on the phones.”

Quoted by state media, a report prepared by prosecutors said the four men had gone online to read posts with “anti-state” content and had called for street protests on April 30, but Mieng said the men had wanted only to protest a price hike in electricity and gas and a law on special economic zones that many Vietnamese fear will favor Chinese investment in the country.

“They know nothing about how to make explosive devices,” Mieng said.

Unwarranted, unfair

In a separate case, a court in central Vietnam’s Thanh Hoa province sentenced Facebook user Pham Van Diep to a nine-year prison term for criticizing Vietnam’s government online for its handling of a 2016 toxic-waste spill that devastated the coastal areas of four Vietnamese provinces, leaving thousands jobless.

Speaking to RFA after the trial, attorney Ha Huy Son called Pham’s sentence unwarranted and unfair.

“He only expressed his opinion, and he did nothing to oppose the state,” he said. “He admitted what he did. He is critical of Marxism-Leninism and communism, but [the court] considers that a crime against the state of Vietnam.”

In another case, Facebook user Nguyen Chi Vung was handed a six-year prison term on Thursday by a court in southern Vietnam’s Bac Lieu province on charges of live-streaming anti-state content on his Facebook page and encouraging others to join in protests.

Call to delay trade talks

Meanwhile, prominent independent journalist Pham Chi Dung, who was detained at his home in Ho Chi Minh City on Nov. 21 for his criticism of the communist government, awaits investigation and trial on charges of “conducting anti-state propaganda” under Article 117 of Vietnam’s penal code.

In a Nov. 22 statement, European Parliament envoy for trade talks with Vietnam Saskia Bricmont voiced shock at the news of the arrest of the former communist party member, noting that Pham had written earlier to the parliament’s president and to EU trade officials to alert them to Vietnam’s deteriorating human rights situation.

Saskia is now asking for a delay in the ratification of European trade and investment agreements with Vietnam “until a certain number of conditions are fulfilled,” she said.

“The essential condition is a reform of the criminal code and its implementation with United Nations standards,” Saskia said, adding, “To show its good faith, we also demand that Vietnam release [its] political prisoners without delay.”

Writing on Nov. 21, the day of Pham’s arrest, Human Rights Watch deputy Asia director Phil Robertson called on the EU to “speak up for independent journalist Pham Chi Dung who simply called for Europe to demand real improvements in the human rights situation before ratifying the Europe-Vietnam [Free Trade Agreement].”

“By arresting Pham Chi Dung, Vietnam is showing its repressive intolerance of any dissenting voices and its determination to suppress efforts to foster an independent press in the country,” Robertson said.

“The EU, US and other like-minded countries should demand the immediate and unconditional release of Pham Chi Dung and the dropping of all charges against him.”

'Not Free'

Vietnam has been consistently rated “Not Free” in the areas of internet and press freedom by Freedom House, a U.S.-based watchdog group.

Dissent is not tolerated in the communist nation, and authorities routinely use a set of vague provisions in the penal code to detain dozens of writers and bloggers.

Estimates of the number of prisoners of conscience now held in Vietnam’s jails vary widely, with Human Rights Watch putting the number in October at 138. The rights group Defend the Defenders meanwhile puts the number as at least 240, with 36 convicted this year alone.

A court in Vietnam sentenced a Facebook user to six years in prison on Tuesday for a series of posts he made on the social media platform that the Southeast Asian country's government said were "anti-state".

Despite sweeping economic reform and increasing openness to social change, Vietnam's ruling Communist Party retains tight media censorship and does not tolerate criticism, and its dissent crackdown has shown signs of intensifying recently.

Nguyen Chi Vung, 38, was accused of "making and spreading anti-state information and materials" at the one-day trial at the People's Court of Bac Lieu province, in the Mekong Delta, the Ministry of Public Security said in a statement.

It said Vung had held 33 livestream sessions on Facebook "to share distorted information" and "encourage people to participate in protests during national holidays".

Reuters could not reach Vung's lawyers for comment.

Vung will be placed under house arrest for two years after serving his jail term, the statement said.

The court's Tuesday decision came days after a music teacher in the central province of Nghe An was convicted of the same offences and jailed for 11 years.

Facebook is widely used in the country and serves as the main platform for both e-commerce and dissent. Facebook said in May it increased the amount of content it restricted access to in Vietnam by more than 500% in the last half of 2018.

The ministry said in a separate statement on Tuesday that police in Nghe An have arrested a 23-year-old man accused of smearing the image of Ho Chi Minh and spreading anti-state propaganda on Facebook.

Last week, police in Ho Chi Minh City arrested freelance journalist and government critic Pham Chi Dung, accused of "anti-state" propaganda.

Rights activist Idris Khattak was allegedly kidnapped by unidentified men while on his way from Akora Khattak village to Swabi, his driver Shahsawar told police, DawnNewsTV reported on Monday.

In a complaint filed in Anbar police station, Shahsawar said that he was driving Khattak to Swabi when about four unidentified men stopped the activist's car at Swabi Motorway Interchange and kidnapped him. The incident took place on November 13, according to the complaint. Though complaints have been lodged by Khattak's driver and family, police are yet to register a first information report (FIR).

Officials did confirm that Khattak was missing but said an FIR will be lodged after an initial investigation.

Politician Jibran Nasir claimed that the activist was "abducted by intel agencies six days ago on Islamabad Peshawar highway near Swabi Interchange". Nasir said that the driver was abducted along with Khattak but was released after three days. However, the application filed by Shahsawar did not mention any such occurrence.

Meanwhile, the Human Rights Commission of Pakistan (HRCP) demanded Khattak's "immediate recovery", saying that he had "remained associated with progressive politics since his student days".

"HRCP condemns arbitrary detentions and urges the Pakistani state to fulfill its constitutional obligations towards its citizens," the organisation said in a tweet.

On November 26, Vietnam’s communist regime convicted five political dissidents and sentenced them to a total 20 years in prison and five years of probation in two separate trials which failed to meet international standards for a fair trial.

In the central province of Thanh Hoa, the provincial People’s Court found local Facebooker Pham Van Diep guilty of “Making, storing, spreading information, materials, items for the purpose of opposing the State of the Socialist Republic of Vietnam” under the country’s 2015 Criminal Code. The court sentenced him to nine years in jail and five years of probation for online postings which were considered as “distortion of the communist regime” and “defamation of communist leaders” which led to social dissatisfaction.

Mr. Diep, 54, was arrested on June 29 this year. He has voiced against the communist regime for its socio-political policies and human rights abuse in the last 17 years.

Journalists in Guwahati have demanded a high-level probe into an alleged attack on a colleague in a secluded part of the city on Friday night.

Police said Naresh Mitra, a journalist renowned for his reportage on environment and wildlife, was brought to the Gauhati Medical College by unidentified people. Given the severity of his injuries, his family later shifted him to the Nem-Care Super Specialty Hospital.

It was initially believed that Mr Mitra, who used to pedal to work on a bicycle every day, may have been hit from behind by a vehicle. But doctors who operated on him later said it was more likely to have been a case of assault, a press statement issued by the Journalists' Forum Assam (JFA) read.

The JFA demanded a thorough probe into the case. "We strongly demand a high-level probe into the incident where Naresh got injured that night. Moreover, we wish his early recovery and express hope that he would be able to explain the situation soon," the statement, signed by association president Rupam Barua and secretary Nava Thakuria, read.

Guwahati Police said the incident may have occurred while Mr Mitra was returning home from work around 10:30 pm. They have launched a probe, and are currently trying to procure CCTV footage to stitch together the sequence of events leading to the alleged attack.

According to family members, there were no external injuries on the senior journalist's body and his bicycle didn't seem to have been damaged either. They said that although Mr Mitra was awake in the initial hours, even speaking to those attending to him, he slowly lapsed into unconsciousness.

On Wednesday (27 November), the International Commission of Jurists (ICJ) issued a statement condemning Thammakaset Co., Ltd’s use of the criminal defamation provisions of the Thai Criminal Code to harass former National Human Rights Commissioner Angkhana Neelapaijit.

“This action by Thammakaset is a textbook case of how defamation laws are used in Thailand to silence human rights defenders. It is clearly without any legitimate basis, and intended to harass and intimidate Khun Angkhana, who is a leading champion of human rights in Thailand and the region,” said Frederick Rawski, ICJ Asia Pacific Regional Director. “We hope that the Courts will dismiss this frivolous case at first opportunity.”

On 25 October 2019, Thammakaset Co. Ltd., a poultry farm in Lopburi Province, filed a criminal defamation suit under sections 326 and 328 of the Criminal Code against Angkhana Neelapaijit for two posts she shared that contained links to press statements of 16 organizations, including the ICJ, and Fortify Rights.

The statements cited in the warrant as the basis for the action were a post on 3 December 2018 in which Angkhana Neelapaijit re-tweeted an ICJ link to a joint statement co-signed by 16 organizations, including the ICJ. The statement contained a link (now defunct) to a short film in which former employees spoke out about alleged labor abuses; and a post on 28 June 2019 which included a link to a Fortify Rights’ news release containing the same link. The film refers to a previous defamation complaint brought by Thammakaset against 14 of its former workers, and called upon the authorities to drop criminal defamation charges against them and decriminalize defamation in Thailand. Thammakaset claimed that the film was defamatory.

Criminal defamation, under sections 326 of the Criminal Code, carries a maximum sentence of one year of imprisonment, a fine of up to 20,000 Baht (approx. USD 640) or both. Section 328 criminalizes defamation “by means of publication” with up to two years’ imprisonment and a fine of up to 200,000 Baht (approx. USD 6,400).

Thailand is party to the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to freedom of expression. The UN Human Rights Committee, the supervisory body that provides the authoritative interpretation of the ICCPR, has called on States that criminalize defamation to abolish criminal defamation laws and reserve defamation for civil liability.

“The criminal defamation provisions in the Criminal Code have been repeatedly invoked for nefarious ends, such to target persons seeking to bring public attention to human rights violations, including by business enterprises. They need to be removed from the Criminal Code as a matter of urgency,” said Rawski. “The imposition of criminal penalties for speech, even allegedly defamatory speech, is disproportionate and risks having a ‘chilling effect’ on the exercise of freedom of expression.” Background

Angkhana Neelapaijit is a Thai human rights defender and the wife of human rights lawyer Somchai Neelapaijit, who was abducted more than 15 years ago. His abduction was the only case of enforced disappearance to ever be tried in a Thai court. In 2015, she was appointed commissioner of the National Human Rights Commission of Thailand, before resigning in July 2019, and is a recipient of the 2019 Ramon Magsaysay Awards.

A court warrant was sent to Angkhana Neelapaijit on 23 November 2019. A conciliation conference, at which parties are brought together to settle a dispute before trial, is scheduled to be held on 12 February 2020 at Bangkok South Criminal Court.

The ICJ has repeatedly expressed concerns about the use of existing defamation laws to harass human rights defenders, activists, lawyers, academics, and journalists in Thailand, for carrying out their legitimate and important work to raise awareness and highlight human rights issues.

This case is one of many defamation and other cases brought by Thammakaset against any individuals perceived to have expressed dissent, conducted advocacy on or released information relating to labour rights violations committed by the Company. According to the International Federation for Human Rights (FIDH) and World Organisation Against Torture (OMCT), as of May 2019, Thammakaset has filed complaints with the police, the Criminal Court, and the Civil Court against at least 22 individuals in at least 14 cases.

These included criminal defamation complaints against Sutharee Wannasiri, human rights defender and a former Thailand Human Rights Specialist with Fortify Rights, for three comments she was alleged to have made on Twitter related to the same film produced by Fortify Rights; Ngamsuk Rattanasatiean, who had shared information on the Facebook page of the Institute of Human Rights and Peace Studies; Suchanee Rungmuanporn, a reporter from Voice TV who had made a post on Twitter highlighting labour rights violations by Thammakaset; Suthasinee Kaewleklai, coordinator of the Migrant Workers Rights Network, who had shared information on Facebook relating to the cases; and other separate cases against 14 migrant workers and former employees.

According to sources on 18 November, 2019, the Jawaharlal Nehru Students’ Union (JNUSU) organized a peaceful march towards Parliament on the first day of the Winter Session to protest against the hostel fee hikein Jawaharlal Nehru University (JNU). Thousands of studentsfrom JNU, carrying placards and chanting slogans, participated in the march towards Parliament, demanding a total rollback of the hostel fee hike and withdrawal of the draft hostel manual which imposes dress codes and curfew timings. In response authorities imposed prohibitory orders both outside the parliament building and around the JNU campus, and set up barricades near Safdarjung Tomb in South Delhi to stop them from advancing any further. The protesters, who carried banners that read "save public education", "fees must fall" and "ensure affordable hostels for all", were stopped at multiple points on their march. The JNU administration had on 13 November, 2019 announced a partial roll back in the fee hike. However, the protesting students dubbed the move as eyewash and demanded that the JNUSU be treated as a stakeholder by the administration and the Ministryof Human Resource and Development. They also reiterated their demand for the resignation of the Vice-Chancellor on the university.The police authorities deployed ten companies outside JNU. The protesters were initially allowed to proceed but were stopped barely half a kilometer from the JNU campus by the police. Around 3.30 pm the students managed to reach Safdarjung Tomb near Lodhi Roadwhere they were stopped by the police again. The first round of lathicharge took place here. Over 100 students were detained by the Delhi Police and students suffered injuries after the police baton charged the protests. Students of Jawaharlal Nehru University allegedthat over 10 students, including the visually and physically challenged, were injured due to the "brutality" of police personnel. JNUSU president Aishe Ghosh, general secretary Satish Yadav and former JNUSU president N Sai Balaji were among several detained and allegedly taken to Delhi Cantt, Kalkaji and Badarpur police stations — where they claimed they were beaten up. Since students were not allowed to move theythen sat on the main roadat Safdarjung Tomb near Lodhi Road, singing songs, while negotiations between JNUSU and police continued. After around 6.30 pm streetlights were soon switched off and a second round of lathicharge took place, after which over 50 personnel escorted students to INA Metro station. Several students have reportedly been severely injured following the lathicharge by police. Following theprotest, videos surfaced showing personnel of the Delhi police beating up students, including girls, in a brutal manner. A particular video doing the rounds on social media shows a male student being forcibly led into a police vehicle while profusely bleeding from the head. Media reported that the Delhi police is going to lodge a First Information Report (FIR) against protesting students of the Jawaharlal Nehru University (JNU) for flouting Section 144 (which prevents unlawful assembly) of the Code of Criminal Procedure (CrPC), which was imposed in the area surrounding the university campus and the Parliament, to prevent students from joining the agitation on 18 November, 2019. It is pointed out that the state through police is in full action to suppress the voice of students protesting for a genuine cause which is subsidized education. The police through its modus operandi aretrying to repress a democratic movement. Manhandling of students by Delhi police including women and visually challenged (which is doing rounds of social media) amounts to being barbaric, committal of atrocity and show of excessive use of force. It is further said that the police has created a situation wherein the students protesting peacefully are being shownas rioting, gathering unlawfully and obstructing public servants from discharging their public function. This is nothing but just framing the students are exercising their constitutional right to assembly peacefully and right to protest for a cause.

Vietnam’s authorities have barred Catholic priest Nguyen Dinh Thuc from leaving the country to Japan where he would participate in welcoming Pope Francis (Jorge Mario Bergoglio) during the Vatican leader’s visit to Tokyo this week.

Speaking with Defend the Defenders, priest Thuc said security officers in Noi Bai International Airport blocked him from taking a flight from Hanoi to Tokyo at midnight on Wednesday [November 20]. Police officers said the blockage is based on the national security concerns under Decree 136 of the communist government.

Security officers in Noi Bai International Airport’s station also wrote in a working minute that the priest can appeal the police’s decision to the Immigration Department under the Ministry of Public Security.

Priest Thuc is from Song Ngoc parish in Vinh diocese. He has been assisting local Catholic followers in demanding the Taiwanese chemical giant Formosa to pay adequate compensation for the consequences caused by its toxic discharge into Vietnam’s central coastal region in 2016 which had devastating negative impacts on the local fishing industry and tourism.

He is among brave priests criticizing the Vietnamese communist regime’s human rights abuses.

He is among many Catholic priests being barred from going abroad for pastoral missions. Last year, Catholic priest Nguyen Ngoc Nam Phong was also not permitted to leave to Australia where he was invited to take a lengthy course on religion.

Along with imprisoning and harassing local activists, Vietnam’s communist regime has also been blocking hundreds of local activists from going abroad for meeting with their international partners and doing international advocacy in the human rights field.

Afghanistan's intelligence agency has publicly acknowledged that it is holding two activists who exposed allegations of sexual abuse of children in eastern Afghanistan.

Human rights groups and others have been pointing fingers at the National Directorate for Security since the activists, Musa Mahmoudi and Ehsanullah Hamidi, disappeared on November 21.

The two had revealed that at least 546 boys from six schools in Logar province were abused by a pedophile ring that included teachers and local government officials.

Their organization, the Logar Youth, Social and Civil Institution, discovered more than 100 videos on Facebook that showed the abuse.

The government is under intense pressure from activists and influential politicians, like former president Hamid Karzai, to release the activists.

The "Afghanistan Independent Human Rights Commission is deeply concerned about the illegal detention of civil society activists, Mr. Musa Mahmudi and Ehsanullah Hamidi, who were investigating the cases of alleged child sexual abuse in Logar province," tweeted Afghanistan's human rights body.

In its statement Tuesday, the NDS claimed the two were moved to a safe location for protection against threats to their lives. The agency also claimed that the two had revealed during interrogations that they made up the child abuse allegations, in order to get asylum in a foreign country.

The agency also released a video of the two in which one of the activists, Mahmoudi, was seen confessing that his research was incomplete and apologizing to the people of Afghanistan and particularly of Logar province.

Without naming the two, President Ashraf Ghani said Monday that it was not acceptable for asylum seekers to undermine the dignity of Afghans.

Human rights groups are rejecting the government's account.

"Instead of punishing them for speaking out against the sexual abuse of children, the authorities should praise them and hold the perpetrators accountable" tweeted Amnesty International's South Asia office.

Before their detention, the activists had reached out to rights groups and some journalists, expressing concern for their safety.

"Hours before his detention, Mussa told the Guardian (newspaper) how he had been receiving threats and believed he was under surveillance by Afghan security services," reported The Guardian Monday.

According to The Guardian, which broke the story earlier this month, multiple victims have since been murdered, sometimes by their own relatives.

"Five families killed their sons after their faces were seen on videos posted to social media. Two other boys a 13 and 15-year-old were killed last week, although the perpetrators are unknown," the Guardian story said.

Police in the Lao capital Vientiane detained eight people this week who were planning protests calling for free speech and condemning land grabs and dam projects, later releasing six of them, RFA’s Lao Service learned on Friday.

The arrests took place on Nov. 11 and 12, thwarting demonstrations the activists had planned for four locations in the capital during the That Luang festival, a Buddhist celebration of a 450-year-old, gold-covered temple.

“On November 11, policemen arrested some of protest leaders … and on November 12, the policemen locked some more protesters in Oudomphone guesthouse in Phonesinuan village, in Vientiane’s Sisatthanak district,” a leader of the planned protest, who avoided arrest, told RFA on Friday.

“First, people were going to rally for respect of human rights, and freedom of speech,” the organizer told RFA, speaking on condition of anonymity to protect his liberty.

“Second, they wanted to ask the government to prevent land grabs, dam building, deforestation, and unfair relocation of communities,” the activist added.

A Lao official with knowledge of the matter confirmed to RFA on Friday that “people were arrested on those days for planning to stage protests at four places (in Vientiane.”

The protests were planned for the That Luang pagoda grounds, the National University of Laos and two points along highway 13, the official said.

The guesthouse detention was witnessed by villagers.

“I don’t know whether or not those people had come to join the rally, but I saw around six people locked up by the policemen on November 12,” one villager told RFA on Friday.

“I heard some saying they are from the Phonethong district in the southern province of Champassak, but some were not from the south,” he added.

Brad Adams, Asia director at Human Rights Watch, said "these wrongful arrests are just the latest example of the government’s phony pledges to donor agencies and foreign governments that it will respect fundamental liberties.”

The protest leader identified the eight detained activists as Sounthone Fasongsay, Kamkone Phanthavong, Bounnhone Phanthavong, Chiengsone Phanthavong, Kiatthisak Hakmisouk, Phouvong Xaiyaseng, Santinoy Thepkaisone and the wife of Thepkaisone, whose name was unavailable.

On Friday, the Sisatthanak district police station issued an order to release the six would-be protesters who were held at the guest house.

“On November 12, policeman detained an individual for gathering and making a noise longer than limited time during the celebration of the That Luang festival,” read a copy of the order received by one of the six.

“After investigation, police officers reached a compromise to release him on conditions defined in the law. He has been released and handed over to his relatives and local authorities for reeducation,” it read.

One of the six who were released confirmed with RFA that he and five others were “released today after being held for a few days.”

RFA was unable to confirm the fate or whereabouts of two detainees who were not released with the others on Friday.

Reports of protests are rare in Laos, a one-party communist state since 1975 that brooks no public opposition and deals with dissent harshly.

"Lao authorities have frequently labeled as national security threats anyone peacefully expressing dissenting views, criticizing the government, or simply calling for respect for human rights and democratic rule." said Human Rights Watch.

There are no publicly available government figures on political prisoners in Laos, whose opaque judicial system makes it hard to give a reliable estimate on how many are being held. Three were arrested in 2017 and charged with treason after protesting in front of the Lao embassy in neighboring Thailand.

The fate of about 10 other detainees, including students protesters arrested in 1999 and self-styled freedom fighters who launched a raid via a Thai border checkpoint in 2000 remains unclear.

It began when Rana Ayyub, who is nowadays a Washington Post columnist, posted a cryptic message on Twitter on 8 November about the ruling that India’s supreme court was due to issue the next day on a fraught 30-year-old dispute between Hindus and Muslims over a religious site in the northern city of Ayodhya. It ended with the words, “I hope my country does not disappoint me tomorrow.”

It immediately unleashed a torrent of Twitter insults and calls for Ayyub to be raped or murdered that were orchestrated by trolls linked to the Hindu nationalist movement. Even more amazingly, it elicited a threat of legal action that came from the Twitter account of the police in Amethi, a town 100 km south of Ayodhya.

Posted less than half an hour after Ayyub’s original tweet, it said: “You have just made a political comment. Delete it immediately otherwise legal action will be taken against you by @amethipolice.” Amethi has no jurisdiction over either Ayodhya or Mumbai, the city where Ayyub lives.

Ayyub, who is currently on a visit to the United States, told RSF that, because of this threat, she feared that could be arrested on her return to the India. The message has not been disowned by India’s home affairs ministry.

“Police wanting to prosecute a journalist for making a so-called ‘political comment’ is something one might expect from the worst dictatorships,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “Either someone hacked into the Amethi police Twitter account, which would indicate serious incompetence, or the police are complicit in a campaign of calls for Rana Ayyub’s murder. We urge the home affairs ministry to conduct an internal investigation to identify these responsible for this unacceptable scandal.”

Wave of hate

The author “Gujarat Files,” a book examining the rise to power of Narendra Modi, who was reelected as prime minister by a clear majority in May, Ayyub is one of the favourite targets of the ruling Bharatiya Janata Party’s notorious army of trolls.

In April 2018, RSF condemned an earlier and unprecedented wave of online hate messages against Ayyub, in which her phone number and address were posted online. RSF referred the case to the UN special rapporteur on extrajudicial executions, who then wrote to the Indian authorities requesting protection for Ayyub.

This kind of campaign is orchestrated by followers of Hindutva, an ideological blend of fascism and Hindu nationalism that inspired Modi’s Bharatiya Janata Party.

India is ranked 140th out of 180 countries in RSF’s 2019 World Press Freedom Index.

On November 13, Telangana police submitted documents to the Lal Bahadur Nagar Metropolitan Magistrate, which CPJ reviewed, accusing Venugopal, editor of Telugu monthly Veekshanam, of being part of a Maoist conspiracy against the state.

Venugopal, who spoke to CPJ via phone, said he has not been arrested or formally charged. If the magistrate accepts the police allegations, it could issue a warrant for his arrest any day, he said.

Venugopal could face a fine and two to seven years in prison under the Unlawful Activities (Prevention) Act and the Telangana Public Security Act if charged and convicted of being part of a conspiracy.

Venugopal told CPJ he had been a member of a group that authorities allege is affiliated with a Maoist party, the Revolutionary Writers Association, but left it in 2009. The association was previously banned but is now legally permitted, according to Indian news website The Wire.

“Accusing a journalist of conspiracy is a threat to press freedom and shows the government is intolerant of criticism,” said Aliya Iftikhar, CPJ’s senior Asia researcher, in New York. “Police should immediately drop their allegations against Nellutla Venugopal and stop threatening journalists with legal action.”

Venugopal filed a case in the Telangana High Court, which has jurisdiction over the metropolitan magistrate, to have the allegations against him dismissed, he said.

Venugopal frequently writes critical pieces about Indian Prime Minister Narendra Modi and Telangana Chief Minister Kalvakuntla Chandrashekhar Rao, according to The Wire.

In a statement, which CPJ reviewed, Veekshanam’s editorial team said Venugopal had repeatedly disassociated himself from the Revolutionary Writers Association and said that “though he holds progressive, democratic and left views, that does not mean that he has to be a member of any organisation.”

Venugopal is also accredited by the state government as a journalist and writes a regular column in the newspaper Nava Telangana, he told CPJ.

CPJ found that though Venugopal’s name was listed on the court documents, there was no mention of any evidence against him.

CPJ texted the Telangana director general of police for comment but did not receive a response.

In October, Telangana police arrested journalist Ravi Prakash after he refused to withdraw two interviews on alleged corruption in the state, as CPJ reported at the time.

Unidentified assailants attacked Lasantha Wijeratna, a freelance journalist and anti- corruption activist, on November 14. The International Federation of Journalist (IFJ) and its affiliate Free Media Movement (FMM) raise concerns about the attack which took place in the lead-up to the country’s presidential election.

Wijeratna was attacked by three men with firearms in his home at around 2.30am on November 14. Wijeratna sustained injuries from the attack including severe lacerations to his hand and was admitted to the intensive care unit in Karapitiya Hospital.

News 1stspokesperson SSP Ruwan Gunasekara alleges it was a retaliatory attack to Wijeratna for his work on alleged acts of corruption believed to have been committed by Gotabaya Rajapaksa during his tenure as the former Secretary of Defense. Gotabaya Rajapaksa was declared the new president of Sri Lanka after the weekend’s election.

The Free Media Movement said it strongly urge “all parties concerned to expedite investigations into this incident, which has challenged the democratic space in this country.”

Authorities in Vietnam arrested a prominent independent journalist Thursday for his criticism of the communist government.

State media reported that Pham Chi Dung was detained by security officers at his home in Ho Chi Minh City and charged with “conducting anti-state propaganda” under Article 117 of Vietnam’s Criminal Code.

According to police, Pham wrote anti-state articles and cooperated with foreign media, to deliver “distorted information.”

The human rights group Defend the Defenders said he contributed to Voice of America and the BBC, under several different pen names.

Pham will be in detention for the next four months as the police investigate, and if convicted could face a sentence of seven to 12 years.

Pham had been arrested once before in 2012 on the same charge but released six months later without being tried. In 2014 he and several other writers founded the Independent Journalists Association of Vietnam (IJAVN), an unregistered entity which “strives to fight for freedom of the press in the Southeast Asian nation,” according to local rights group Defend the Defenders.

Defend the Defenders reported that the journalists association’s website was shut down shortly after the arrest.

Prior to the arrest, he had been frequently harassed by authorities, forbidden to travel overseas in 2014 and under de-facto house arrest since 2013.

Huynh Ngoc Chenh, an IJAVN member, told RFA’s Vietnamese Service Thursday that the arrest showed Hanoi’s desire to exercise greater control over the freedom of speech.

“Pham is the president of IJAVN. He is one of the most active independent journalists. He’s written a lot and is very knowledgeable,” said Huynh.

“His reports are honest and reveal the truth, something the party does not appreciate,” said Huynh, adding, “They want to eliminate his voice.”

According to Defend the Defenders, Hanoi has arrested 29 activists, including 19 bloggers, for writing posts online, and is currently detaining 238 prisoners of conscience.

The country has been consistently rated “not free” in the areas of internet and press freedom by Freedom House, a U.S.-based watchdog group.

Dissent is not tolerated in the communist nation, and authorities routinely use a set of vague provisions in the penal code to detain dozens of writers and bloggers.

On November 15, Vietnam’s security forces detained female activist Dinh Thao upon her landing in Noi Bai International Airport after spending the last four years abroad for international advocacy, Defend the Defenders has learned.

Mrs. Thao who has a 16-month baby returned in her home country from Bangkok where she worked for VOICE (Vietnamese Overseas Initiative for Conscience), a U.S.-based rights group working for promoting human rights and multi-party democracy in Vietnam. She was taken by a group of around ten security officers to a police station for interrogation from the morning of Friday until 5 PM on the same day.

Police confiscated her passport, telling her that they may summon her for further interrogation in the future.

According to VOICE’s press release issued when she was held in police custody, in the past four years, Mrs. Thao has been working to promote human rights in Vietnam by engaging in a number of United Nations (UN)’s human rights mechanisms, advocating the EU and other foreign governments via bilateral agreements with Vietnam.

She has worked closely with international and regional NGOs to enhance knowledge of the international community about Vietnam’s human rights situation, the press release said.

Thao graduated from the prestigious Hanoi Medical University in 2015. She was one of the prominent civil activists in Hanoi before going abroad for human rights advocacy. She was a coordinator of the unregistered environmental group Cây Xanh (Green Trees) during its campaign in 2015 which aims to protest Hanoi’s authorities plan to chop down thousands of aged trees in the capital city’s main streets. She was also among key organizers of a campaign supporting independent candidates for the country’s highest legislative body National Assembly in the general election in 2016.

Thao’s detention was condemned by a number of international rights groups, including Amnesty International and Human Rights Watch.

On November 15, the People’s Court of Nha Trang city, Khanh Hoa province convicted human rights attorney Tran Vu Hai and his wife Ngo Tuyet Phuong and two local citizens of tax evasion under Article 161 of the 1999 Penal Code, Defend the Defenders has learned.

The couple was sentenced to one year of non-custodial reform and was ordered to pay an administrative fine of VND20 million ($850) each for the crime they have not committed, according to the lawyers providing legal assistance for the experienced couple attorneys.

According to the indictment against them, they were accused of committing a tax evasion worth VND276 million in a property deal in 2014. Mr. Hai and his wife reportedly bought a land parcel from Khanh Hoa province-based citizens Nguyen Thi Ngoc Hanh and Ngo Van Lam. The deal value was about VND16 billion but they reported to the local authorities just VND1.8 billion, by that way the sellers paid less tax for the deal. The province’s tax authorities had approved the deal.

As many as more than 60 lawyers had been registered to the court to voluntarily defense for the couple. However, many of them were denied and only around 40 were allowed to attend the trial which was treated as a political one since the local authorities deployed a large number of police officers to block all the roads leading to the court areas and the lawyers were under strict security check-up before entering the courtroom. They were requested to leave all electrical devices, including laptops and cell phones outside. A few reporters of the state-run newspapers were allowed to enter the courtroom to cover the trial.

The defense lawyers said as buyers, Mr. Hai and his wife are not subjects for tax payment for the deal, and they are innocent since the province’s tax authorities approved the deal. Ms. Hanh is a citizen of Belgium so the case should be handled by an upper court and the Nha Trang city’s People’s Court is not eligible for the case. In addition, the property Ms. Hanh sold to Mr. Hai was the only house she owned so she is not required to pay tax for the deal, according to current Vietnam’s law.

The trial lasted three days, longer than other cases with similar characters. On the first day, one of the defense attorneys, Nguyen Duy Binh was rudely expelled out of the courtroom and was taken out by two policemen after questioning Ms. Hanh about her legal representation. Binh was interrogated for hours in a local police station.

Authorities in Khanh Hoa probed the case in early July and placed the four under restricted travel, including travel abroad. In addition, Khanh Hoa police also conducted searching Mr. Hai’s law office and a private residence in Hanoi, in which they allegedly took away a large sum of money and documents from other cases.

It is clear that the allegation and convictions against Mr. Hai and his wife are political as recently the Ministry of Public Security denied Mr. Hai’s request for representing former prisoner of conscience Truong Duy Nhat who is accused of “power abuse” after being kidnapped in Bangkok and taken to Vietnam in late January.

Lawyer Hai is well-known for his participation in sensitive cases to represent victims of injustice, victims of forced land appropriation and political dissidents.

On November 11, the People’s Court of Vietnam’s central province of Nghe An found local pro-democracy college lecturer Nguyen Nang Tinh guilty of “Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam” under Clause 1, Article 117 of the country’s 2015 Criminal Code.

After a few hours in Friday morning, the court sentenced him to 11 years in jail and five years of probation, the toughest imprisonment given for anti-state propaganda allegation for decades.

Three lawyers Dang Dinh Manh, Trinh Vinh Phuc, and Nguyen Van Mieng went to the courtroom without documentation for Mr. Tinh’s case since they had not been permitted to get access to the documents, including the indictment as Nghe An province’s authorities said the case’s documents are among top national secret. The attorneys were reportedly requested to leave their laptops and cell phones outside of the courtroom.

In his last words in the trial, before the judge announced the court’s decision, Mr. Tinh said he would repeat his actions to protect the country and promote human rights and democracy even he will be punished severely.

Mr. Tinh was arrested by Nghe An province’s security forces on May 29 who later charged him with “conducting anti-state propaganda.” Authorities in Nghe An said Mr. Tinh has used his Facebook account Nguyễn Năng Tĩnh to post and share articles and videos as well as images with content defaming state leaders and distort the ruling communist party’s policies.

According to his family, his indictment was based on the information on the Facebook account Nguyễn Năng Tĩnh, however, he reportedly denied to have this account.

Local activists said Mr. Tinh, who is a lecturer of Nghe An College of Cultural and Art, is very active in promoting human rights and multi-party democracy, and speak out about the country’s issues such as systemic corruption, human rights abuse, widespread environmental pollution, and China’s violations to Vietnam’s sovereignty in the East Sea (South China Sea) and the weak response of the communist government in Hanoi.

There are some videoclips on Youtube in which Mr. Tinh tough students to sing a number of patriotic songs composed by dissidents in which the government is criticized for suppressing anti-China activists.

Vietnam continues its political crackdown on local dissent, arresting more than two dozens human rights defenders, bloggers, and social activists so far this year with different allegations, from “disturbing public orders” to subversion and even terrorism. Hanoi has also convicted 31 activists on trumped-up allegations with a total 153.5 years in prison and 35 years of probation.

The communist regime is holding at least 237 prisoners of conscience as of November 15, according to Defend the Defenders’ statistics. It is a worrying trend that the communist regime has been ging much longer sentences in recent years for the same allegations in the national security provisions of the Criminal Code compared to a decade ago, noted Vu Quoc Ngu, director of Vietnam’s non-profit organization.

A court in Vietnam’s Ho Chi Minh City on Monday convicted three men, one of them an Australian citizen, on charges of engaging in terrorist activities, sentencing them to prison terms of from 10 to 12 years, Vietnamese sources said.

Chau Van Kham, Nguyen Van Vien, and Tran Van Quyen were arrested in January and initially charged with “activities attempting to overthrow the state,” charges that were later changed to involvement in “terrorism that aims to oppose the people’s administration.”

Kham, a resident of Sydney, Australia, and member of the banned U.S.-based Viet Tan opposition party, received the heaviest sentence, attorney Trinh Vinh Phuc—who represented Kham in court—told RFA’s Vietnamese Service following the trial.

“The verdict was very harsh, and the sentence was too heavy,” Phuc said, adding that the defendants’ case could have been tried under terms that would have provided for sentences of less than 10 years on conviction.

“But [the court] still proceeded without paying attention to details that would have allowed for this,” he said.

“The verdict was handed down on the grounds that Viet Tan is a terrorist organization,” though no evidence ever was offered that the defendants’ activities and motivations had shown a terrorist intent, Phuc said.

Criminalizing rights advocacy

In a statement Monday, Viet Tan chairman Hoang Diem slammed the convictions and sentences imposed on the defendants, saying Kham had “traveled to Vietnam [only] to gain first-hand insight into the human rights situation in the country.”

”Nguyen Van Vien and Tran Van Quyen are peaceful activists,” Diem added.

“We challenge the Vietnamese government to provide any evidence linking them to ‘terrorism.’ The Vietnamese authorities are criminalizing human rights advocacy,” Diem said.

Born in 1971 in central Vietnam’s Quang Nam province, Vien had been active in environmental protection work following a massive spill in 2016 of toxic waste by the Taiwan-owned Formosa firm, the Brotherhood for Democracy said in a Jan. 25 statement.

The environmental disaster destroyed livelihoods across Vietnam’s central coast and led to widespread protests and arrests in affected provinces.

Tran Van Quyen, a social activist who also took part in the Formosa protests, was taken into custody ten days later in southeastern Vietnam’s Binh Duong province.

Politically motivated charges

In a statement on Monday, Phil Robertson—deputy Asia director for the international rights group Human Rights Watch—said that by sentencing the 70-year-old Kham to 12 years in prison, Vietnam has essentially condemned him to death.

“Given the harsh and unforgiving conditions in Vietnam’s prisons, he will face huge challenges to survive his entire sentence,” Robertson said, adding that Vietnam has now jailed Kham on “bogus, politically motivated charges that demonstrate just how fearful Vietnam is about people exercising their rights and demanding genuine democracy.”

“He should be released immediately and unconditionally, and allowed to return to his family in Australia,” Robertson said.

According to Human Rights Watch, Vietnam’s one-party communist government currently holds an estimated 138 political prisoners, including rights advocates and bloggers deemed threats to national security.

It also controls all media, censors the internet, and restricts basic freedoms of expression.

Two VOD journalists were detained for three hours at the Poipet military police headquarters on Saturday after reporting on border security in the area.

CNRP acting president Sam Rainsy had vowed to attempt a return to Cambodia via Thailand that day, leading to the deployment of armed forces to the Thai border as well as dozens of arrests of CNRP supporters in the lead up.

Rainsy only got as far as Kuala Lumpur on November 9.

VOD reporter Vann Vichar said he and cameraman Chorn Chanren were detained by military police from about 3 to 6 p.m.

Officers went through all his equipment, including communications on his phone between him and his wife, Vichar said.

“After detaining me for about half an hour, they separated me from Chanren. They brought me to a room to question me and check my laptop and smartphone, going through all messages, group conversations and files,” he said.

“They listened to voice chats. After questioning, they wrote reports to send to their superiors. I don’t know how high it went,” Vichar added.

Poipet city governor Keat Hul and Banteay Meanchey provincial governor Um Reatrey declined to comment on the detentions. Poipet city military police commander Nuon Ninaro hung up on a reporter when contacted by VOD.

Information Ministry spokesmen Phos Sovann, Meas Sophorn and Ouk Kimseng could not be reached.

Ninaro, the military police commander, told Khmer Times that his officers had suspected the two journalists of being “involved” with Rainsy’s supporters.

“We just called them for questioning and then allowed them to go back,” Ninaro said.

In a statement on Sunday, the Cambodian Journalists Alliance, whose co-founders include VOD editors, said the journalists had at the time been interviewing fish sellers frustrated at being unable to cross the border.

The association’s executive director, May Titthara, added that the detentions amounted to a threat.

“The government and authorities must guarantee the rights of journalists by allowing them to report the news without fear,” Titthara said.

Cambodian Center for Human Rights coordinator Vann Sophath, who was also at the Poipet border at the time to monitor the situation, said journalists have the right to cover events happening in public places.

“Freedom of the press in Cambodia is not yet being broadly respected to an international standard,” Sophath said.

In recent years, Cambodia has steadily declined in Reporters Without Borders’ World Press Freedom Index, falling from 137th worldwide in 2017 to 142nd last year and 143rd this year.

A pro-democracy politician and four other people were injured when a knife-wielding man attacked protesters in Hong Kong Sunday.

The assailant slashed and stabbed people at Cityplaza mall, one of several shopping centers where protesters had gathered to demand government reforms for the 22nd straight weekend.

Local media reported the attacker told his victims that Hong Kong belongs to China.

Four men and one woman were taken to hospitals, where two were in critical condition.

Among the injured was politician Andrew Chiu Ka-yin, who had part of his ear bitten off as he tried to prevent the attacker from leaving the scene.

A pro-democracy activist tweeted that his "close colleague Dr Andrew Chiu was assaulted" and his "left ear was brutally halved."

The semi-autonomous city has been mired in more than five months of massive and often times violent protests, sparked by a proposed bill that would have allowed criminal suspects to be extradited to mainland China. The protests have evolved into demands for full democracy for Hong Kong, an independent inquiry into possible use of excessive force by police and complete amnesty for all activists arrested during the demonstrations. Masked activists have vandalized businesses and the city subway system, and attacked police with bricks and homemade gasoline bombs.

In September, Hong Kong leader Carrie Lam announced she would withdraw the extradition bill but that has not quelled the protests.

Hong Kong enjoys a high degree of autonomy under the "one government, two systems" arrangement established when China regained control of Hong Kong from Britain in 1997. But political activists and observers say Beijing is slowly tightening its grip on the territory and eroding its basic freedoms.

Independent think tank Ibon Foundation expressed alarm over a notice of “ocular inspection” from the National Capital Region Police Office (NCRPO) in the wake of successive raids of offices of progressive organizations.

In a statement, Ibon Foundation said it received a call from a certain Col. Joaquin Alba of NCRPO at around 4 p.m. informing them that a warrant of arrest will be served on someone supposedly within the office building.

Ibon Foundation told Alba that the person indicated in the warrant does not hold office there but the latter insisted that they will still go to conduct “an ocular inspection.” The research group received information that a police team from Criminal Investigation and Detection Group was preparing to go to Ibon to ‘pick up’ someone (“may kukunin na tao”).

“This is alarming and we believe that it is part of the Duterte government’s worsening crackdown on activists upholding human rights and hence critical of its retrogressive policies and authoritarian governance,” the group said in a statement.

Ibon noted that the incident comes on the heels of a week of consecutive military and police operations against various activists and activist groups in Manila and Negros. “This included using spurious search warrants to raid homes and offices, planting guns and grenades, and arresting activists on bogus charges,” the group said.

Some 60 activists have been illegally arrested and detained in the past week.

Ibon is among many activist organizations and cause-oriented groups that have been red-tagged by the Duterte administration.

“The Duterte administration is attacking IBON because our research, education and advocacy work exposes Philippine economic realities that the government wants to conceal,” the group said.

The group also blamed the so-called task force to end local communist armed conflict for the ongoing crackdown against NGOs and progressive organizations.

As of press time, police forces have not showed up at the premises of Ibon Foundation building at Timog Avenue in Quezon City.

The National Union of Journalists of the Philippines (NUJP) also alerted members of the Philippine media as Altermidya network holds office at the second floor of the building.

In a statement, Altermidya warned the Philippine National Police to stay away from its office. “Make no mistake about it, any breach into our office premises will be construed as a grave violation of press freedom and will be met with widespread condemnation and legal action,” Altermidya said.

A union leader and community organizer was killed on Monday, November 4, in front of his wife in Cabuyao, Laguna.

Reynaldo Malaborbor, 61, was repeatedly shot in the head by an unidentified man while walking with his wife near their residence at 9:30 pm in Barangay Banay-banay.

Police said the gunman managed to flee the scene of the crime by foot.

Malaborbor was a longtime activist involved in several labor organizations. He served as coordinator of Makabayan Southern Tagalog during the 2019 elections.

He was among the 3 farmers arrested and accused by the military in 2010 of illegal possession of firearms and explosives. The case was dismissed in 2015.

Pagkakaisa ng Manggagawa sa Timog Katagalugan-Kilusang Mayo Uno (PAMANTIK- KMU) condemned the killing.

“The grizly details of the last moments of Rey Malaborbor goes to show that the de facto martial rule continues to claim victims in the form of its task forces to supposedly end the armed conflict,” the group said.

Malaborbor’s death comes amid what human rights groups call a “massive crackdown” of progressive organizations and dissent under President Rodrigo Duterte.

At least 60 people have been arrested during raids of offices and residences since October 31 in Manila and Bacolod.

Two journalists were arrested as Hong Kong police stormed shopping malls on Sunday following protests.

With no large-scale demonstrations planned, some protesters called for “shopping” stunts in seven districts including Admiralty, Mong Kok, Tsuen Wan, Wong Tai Sin, Tai Po, Sha Tin and Tuen Mun.

Scuffles were most serious at Cityplaza in Tai Koo, where pro-democracy district councillor Andrew Chiu had his ear bitten off after the assailant slashed several people with a knife.

According to lawmaker Charles Mok, Chiu’s ear was reconnected after an operation: “His status is stable but we will have to see if its function will recover,” Mok said.

Most of the protests began peacefully as sit-in events at shopping malls. At Cityplaza, residents formed human chains and sang protest songs, whilst a group of masked protesters vandalised a restaurant in the mall.

At around 6pm, police stormed the mall and arrested several people. “Police warn the masked rioters to stop all destructive and illegal acts and appeal to the protestors to stay rational and calm. They should refrain from obstructing Police’s action,” the force said in a statement.

Hong Kong Law & Crime Politics & Protest Two journalists arrested as riot police storm malls around Hong Kong and deploy pepper spray 4 November 2019 13:25 Kris Cheng 5 min read

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Two journalists were arrested as Hong Kong police stormed shopping malls on Sunday following protests.

With no large-scale demonstrations planned, some protesters called for “shopping” stunts in seven districts including Admiralty, Mong Kok, Tsuen Wan, Wong Tai Sin, Tai Po, Sha Tin and Tuen Mun. cityplaza

A cityplaza guard. Photo: Stand News.

Scuffles were most serious at Cityplaza in Tai Koo, where pro-democracy district councillor Andrew Chiu had his ear bitten off after the assailant slashed several people with a knife.

According to lawmaker Charles Mok, Chiu’s ear was reconnected after an operation: “His status is stable but we will have to see if its function will recover,” Mok said. photojournalist Joey Kwok Stand News arrested

Joey Kwok, freelance photojournalist working for Stand News, being arrested. Photo: Stand News.

Most of the protests began peacefully as sit-in events at shopping malls. At Cityplaza, residents formed human chains and sang protest songs, whilst a group of masked protesters vandalised a restaurant in the mall.

At around 6pm, police stormed the mall and arrested several people. “Police warn the masked rioters to stop all destructive and illegal acts and appeal to the protestors to stay rational and calm. They should refrain from obstructing Police’s action,” the force said in a statement.

Joey Kwok, a freelance photojournalist working for Stand News, was arrested and handcuffed on suspicion of obstructing police as he was taking photos at the mall.

Stand News said Kwok was at standing at a distance from police officers and did not obstruct their work. The news outlet condemned the arrest as unreasonable and demanded his immediate release.

“He has said he was a journalist multiple times when he was arrested, but it was ignored by the police,” Stand News said.

Hong Kong has now entered into its 22nd weekend of protest and unrest, which was sparked by a now-withdrawn extradition bill that would have allowed fugitive transfers to mainland China.

A journalism student, who is a member of the Hong Kong Baptist University Students’ Union Editorial Board, was also arrested at the mall whilst covering the news.

Roland Chin, the university’s president, said in an email to students, alumni and staff members that the school was deeply concerned about the student’s well-being.

He said the head of the Department of Journalism and a lawyer have visited the police station to provide assistance. The student’s family members have been notified.

Hong Kong Law & Crime Politics & Protest Two journalists arrested as riot police storm malls around Hong Kong and deploy pepper spray 4 November 2019 13:25 Kris Cheng 5 min read

Donate

Two journalists were arrested as Hong Kong police stormed shopping malls on Sunday following protests.

With no large-scale demonstrations planned, some protesters called for “shopping” stunts in seven districts including Admiralty, Mong Kok, Tsuen Wan, Wong Tai Sin, Tai Po, Sha Tin and Tuen Mun. cityplaza

A cityplaza guard. Photo: Stand News.

Scuffles were most serious at Cityplaza in Tai Koo, where pro-democracy district councillor Andrew Chiu had his ear bitten off after the assailant slashed several people with a knife.

According to lawmaker Charles Mok, Chiu’s ear was reconnected after an operation: “His status is stable but we will have to see if its function will recover,” Mok said. photojournalist Joey Kwok Stand News arrested

Joey Kwok, freelance photojournalist working for Stand News, being arrested. Photo: Stand News.

Most of the protests began peacefully as sit-in events at shopping malls. At Cityplaza, residents formed human chains and sang protest songs, whilst a group of masked protesters vandalised a restaurant in the mall.

At around 6pm, police stormed the mall and arrested several people. “Police warn the masked rioters to stop all destructive and illegal acts and appeal to the protestors to stay rational and calm. They should refrain from obstructing Police’s action,” the force said in a statement.

Joey Kwok, a freelance photojournalist working for Stand News, was arrested and handcuffed on suspicion of obstructing police as he was taking photos at the mall.

Stand News said Kwok was at standing at a distance from police officers and did not obstruct their work. The news outlet condemned the arrest as unreasonable and demanded his immediate release. photojournalist Joey Kwok Stand News arrested

Joey Kwok, a freelance photojournalist working for Stand News, being arrested. Photo: Stand News.

“He has said he was a journalist multiple times when he was arrested, but it was ignored by the police,” Stand News said.

Hong Kong has now entered into its 22nd weekend of protest and unrest, which was sparked by a now-withdrawn extradition bill that would have allowed fugitive transfers to mainland China.

A journalism student, who is a member of the Hong Kong Baptist University Students’ Union Editorial Board, was also arrested at the mall whilst covering the news.

Roland Chin, the university’s president, said in an email to students, alumni and staff members that the school was deeply concerned about the student’s well-being.

He said the head of the Department of Journalism and a lawyer have visited the police station to provide assistance. The student’s family members have been notified.

“We are also liaising with the relevant government agencies in our effort to seek a fair and proper treatment for the other students arrested by the police over the weekend,” Chin said.

The student claimed police threatened him with rape at the San Uk Ling Holding Centre when he was arrested. “I would not commit suicide,” the student shouted, in reference to a spate of recent deaths which some in the protest movement believe to be suspicious.

Shopping mall protests

Police officers also stormed other malls. At around 1:40pm, officers took eight people away from a gathering outside Sha Tin Town Hall.

At 4pm, police stormed the New Town Plaza from the bus terminus below, arresting at least two. Some threw objects at police inside the mall, as officers pointed their rifles at people and fired pepper spray.

Similar scenes also occurred at Tai Po Mega Mall and Diamond Hill’s Plaza Hollywood. At the Mega Mall, some protesters were folding origami cranes to form protest slogans whilst others trashed a Yoshinoya branch in the mall, believing that the restaurant has sided with the government. Officers then rushed into the mall but did not make any arrests.

At around 6pm, police rushed into the Tai Po mall again, despite a commander ordering them not to do so. Apple Daily footage showed that the commander had to enter the mall and shout: “No-one enter the mall… go back and reform [team] at the bridge.”

Residents gathered again at the mall and riot police entered for the third time at around 7pm to arrest two people, prompting onlookers to throw objects at police from above. Officers fired pepper spray and pointed their rifles at them.

Tseung Kwan O incident

Meanwhile, protesters gathered in Tseung Kwan O following rumours that a police officer was getting married at the Crowne Plaza hotel. At around 1am, police fired tear gas to disperse them.

A student from the Hong Kong University of Science and Technology appeared to be trying to escape the tear gas when he fell from a car park’s third floor onto the second floor. He was unconscious and rushed to Queen Elizabeth Hospital in Jordan.

The student was in a critical condition and underwent an operation to remove haematoma from his brain. Wei Shyy, president of the university, visited the student on Monday morning at the hospital.

Chiu is running in the District Council election’s Tai Koo Shing West constituency. Kacee Ting of the Business and Professionals Alliance for Hong Kong is also running.