Rapport intérimaire - Rapport No. 147, 1975

Cas no 751 (Viet Nam) - Date de la plainte: 18-AVR. -73 - Clos

1. 286. The. Committee already examined this case at its 65th Session (November 1973) and its 67th Session (May 1974); on each occasion it submitted an interim report to the Governing Body. These reports appear in paragraphs 515 to 531 of the Committee's 139th Report and in paragraphs 111 to 122 of its 144th Report.
2. 287. The Republic of Viet-Nam has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 288. The Committee recalls that, in a communication dated 28 May 1973, the Railway Workers' Federation of Viet-Nam alleged that Hoang Xuân Dông, General Secretary of the Federation had been imprisoned. According to the Railway Workers' Unions of Qui Nhon and Nha Trong, the security forces had been responsible for this arrest. The charges (mobilisation of workers, disturbances of public order, incitement to strike and breaches of national security) were allegedly quite unjustified, since the accused had merely been defending the railway workers' claims by peaceful means, and in so doing had committed no breach of the rules in force.
2. 289. It should be recalled also that Hoang Xuân Dông himself wrote to the Committee announcing his release and suspension of his sentence (eighteen months' imprisonment for threats to public order and two years' imprisonment, suspended, for conspiracy). He did, however, add that the suspension could be revoked at any time.
3. 290. The Government of the Republic of Viet-Nam replied by saying that Hoang Xuân Dông had been prosecuted for "activities aimed at undermining the security of the State". It later confirmed that the sentence described above had been pronounced against him.
4. 291. At its session in November 1973 the Committee recalled, amongst other things, that the question as to whether the grounds for the sentences imposed related to a criminal offence or to the exercise of trade union rights was not one that could be determined unilaterally by the Government concerned but was a matter for the Committee to decide, after examining all the information available, and above all, the text of the judgment. Consequently, the Committee recommended the Governing Body to ask the Government to provide the judgment pronounced together with the grounds adduced therefor.
5. 292. In a communication dated 31 January 1974 the Government repeated the terms of the sentence given above, adding that Hoang Xuân Dông had filed an appeal, and enclosing a copy of the judgment in question. According to this document, it appears that Hoang Xuân Dông appeared before a military court on 11 September 1973 and was declared guilty of subversion and conspiracy and was sentenced to eighteen months' imprisonment with a suspended sentence of two years' imprisonment.
6. 293. At its 67th Session the Committee observed that the judgment contained neither the grounds nor any other reasons which might explain upon what basis sentence was passed. It recalled that if, in certain cases, it had reached the conclusion that allegations relating to measures taken against trade unionists did not call for further examination, that was only after it had received information from the governments showing sufficiently precisely and with sufficient detail that the measures were in no way occasioned by trade union activities, but solely by activities outside the trade union sphere which were either prejudicial to public order nor of a political nature.
7. 294. On the other hand, the Committee had seen the formal charge which was provided by the accused, and from the description given therein of the events leading up to the arrest it would seem that the actions for which Hoang Xuân Dông was later charged were to a very large extent trade union activities (the submission of wage claims and the organisation of a strike in support of these claims).
8. 295. According to the same formal charge, the President and Vice-President of the Federation, Trân Trong Dat and Nguyên Van Cúóc, respectively the President and Vice-President of the Federation, took part in these same events and, according to the complainants, were being sought by the police. The Government replied that the persons concerned were in hiding and would shortly be tried by a military court for rebellion and conspiracy.
9. 296. The Committee therefore recommended the Governing Body to ask the Government to provide precise information about the facts and legal provisions on the basis of which Hoang Xuân Dông was sentenced for subversion and conspiracy and the proceedings instituted against Trân Trong Dat and Nguyên Van Cúót.
10. 297. The Government replied by a communication dated 30 September 1974, enclosing copies of the formal charges laid against Hoang Xuân Dông, Trân Trong Dat and Nguyên Van Cúót, together with copies of the judgments pronounced by a military court in the case of Hoang Xuân Dông, the judgments of the same military courts pronounced in absentia in the cases of the other two trade unionists, and an extract from the judgment subsequently pronounced in the case of Trân Trong Dat when he presented himself before the military court.
11. 298. In the Case of Hoang Xuân Dông the indictment mentioned that, "considering the facts mentioned in the file of the investigation", he is charged with - (a) "subversive activities" in that during 1972 and up to 27 May 1973 he carried on, in Saigon, activities of such a nature as to endanger public security or to give rise to serious political disorders; and (b) "conspiracy" in that during the same period and at the same place he was a member of an association committing or endeavouring to commit acts of such a nature as to cause harm to persons and to property; both crimes were punishable under the Penal Code and other legislative instruments.
12. 299. In the cases of Trân Trong Dat and Nguyên Van Cúót the indictment states that, "considering the facts mentioned in the file of the investigation", the two persons concerned were charged with - (a) "treason" in that they connived in Saigon with a communist organisation or with its members with a view to assisting in anti-governmental activities; and (b) "conspiracy" in that in the same place they were members of an association committing or endeavouring to commit acts of a nature to cause harm to persons and to property; both crimes were punishable under various statutory instruments.
13. 300. The Government further stated that the two trade union officials mentioned in the previous paragraph were sentenced by default on 11 February 1974 to five years' imprisonment with hard labour each for treason and three years' imprisonment each for conspiracy. It also stated that Nguyên Van Cúót was still in hiding but that Trân Trong Dat had presented himself before the competent military court which gave him, on 10 September 1974, a suspended sentence of one year's imprisonment for subversive activities. Trân Trong Dat had appealed against this sentence.
14. 301. In conclusion, the Government stated that, under the procedures at present in force throughout the country, no considerations are appended to judgments of assize and military courts.

B. B. The Committee's conclusions

1. 302. The Committee wishes first of all to emphasise that the detention of trade union officials, even for reasons of internal security, may constitute a grave interference with trade union rights unless attended by the appropriate judicial safeguards. In the present case the Committee notes that under existing procedures judgments are not accompanied by considerations giving the actual facts which have been found against the accused or the reasons for the sentence pronounced. The Committee regrets this particularly since it is thus deprived of more precise information on the actual circumstances on which the sentencing of the three trade union officials on counts of subversive activities, conspiracy or treason are based; whereas, according to the description of the events leading up to the sentences given in the indictments already referred to, it appears that the activities which led to the charges were to a very large extent trade union activities (submission of wage claims and organisation of a strike in support of these claims).
2. 303. The Committee notes that Hoang Xuân Dông has received a suspended sentence, that he was provisionally released and has appealed against the sentence pronounced on him. The Committee also notes that Trân Trong Dat and Nguyên Van Cúót have each been sentenced in absentia to five years' imprisonment with hard labour for treason and three years' imprisonment for conspiracy. Lastly, the Committee notes that Trân Trong Dat subsequently presented himself before the military court and was given a suspended sentence of one year's imprisonment, for subversive activities and that he has appealed against the sentence.

The Committee's recommendations

1. 304. In the circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government to the considerations in paragraph 302;
   • (b) to request the Government to communicate the outcome of the appeals lodged by Hoang Xuân Dông and Trân Trong Dat and to provide the texts of the rulings of the Supreme Court;
   • (c) to request the Government also to provide full information on the situation of Nguyên Van Cúót; and
   • (d) to take note of the present interim report, it being understood that the Committee will submit a further report to the Governing Body once it has received the information requested.