In an Opinion published in late 2024, the UN Working Group on Arbitrary Detention (UNWGAD) held that the detention of independent journalist Nguyễn Lân Thắng is arbitrary and in contravention of his rights enshrined in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Media Defence represented Nguyễn Lân Thắng at the UNWGAD.
Nguyễn, an independent journalist and advocate for human rights and democracy in Viet Nam, was arrested on 5 July 2022 on his way to a coffee shop near his home in Hanoi. After more than six months of incommunicado detention, authorities indicted Nguyễn under Article 117 of the Vietnamese Criminal Code (2015) for allegedly having disseminated “anti-state propaganda”. The charges were reportedly based on his journalistic work, specifically on videos Nguyễn has posted on his YouTube and Facebook accounts, interviews he had given to the BBC and books which were found in his possession.
As an independent journalist for over 10 years, Mr Nguyễn has contributed to Radio Free Asia’s Vietnamese service and published over 130 blog entries on human rights and socio-political issues in Viet Nam. Through his writing and his online publications, he has reported on topics such as public protests and the use of force by authorities during land confiscations and has criticised high-ranking government officials. Nguyễn has also promoted land rights, the rights of political prisoners and freedom of religion and sought to enhance the public’s understanding of the law. As a founding member of No-U Football Club – a group which protests Chinese sovereignty claims in the South China Sea – Nguyễn supported people affected by natural disasters in remote areas through the club’s humanitarian group. Likely in retaliation for Nguyễn’s journalistic work and human rights activism, he and his family have been surveiled and harassed over the course of many years.
In April 2023, Nguyễn was convicted under Article 117 of the Vietnamese Criminal Code (2015) which criminalises “making, storing, or spreading information, materials or items for the purpose of opposing the State”. This vague provision is frequently used by Vietnamese authorities to target journalists and human rights defenders. The practice has been widely criticised, and the UNWGAD has consistently noted that due to its overly broad language, the provision fails to meet the standard of legality required for laws that interfere with speech and therefore cannot provide a legal basis for detention.
From the moment of his arrest and detention Nguyễn was denied his fundamental rights, including his right to a fair trial. He was held in incommunicado detention for approximately six months, during which time he was denied any contact with his family, including his wife and two young children, and his lawyers. After the conclusion of the so-called investigative period, visits from his lawyers were monitored and he was denied access to books, including legal texts that would have allowed him to prepare his legal defence.
In its Opinion, the UNWGAD found that Nguyễn’s detention lacked any legal basis and resulted from the legitimate exercise of his right to freedom of expression. In addition, it noted that he was targeted on discriminatory grounds as a result of his status as a human rights defender – and that his fair trial and due process rights were systematically violated. For those reasons the UNWGAD found his detention to be arbitrary and requested the Vietnamese government to remedy the situation through his immediate release, as well as the provision of compensation and other reparations. In addition, the UNWGAD highlighted that the conditions of Nguyễn’s detention and trial followed a concerning pattern indicating “a systemic problem with arbitrary detention in Viet Nam, which, if continues, may amount to a serious violation of international law.”
Notwithstanding the Working Group’s severe criticism of the Vietnamese government’s actions, as of May 2025 Nguyen remains in detention, enduring difficult conditions in the prison where he is being held
Press freedom in Viet Nam
Viet Nam continues to be one of the most repressive countries in the world with severe restrictions on civil and political rights, including freedom of expression, association, assembly and religion. The 2016 Press Law mandates that the press serves as a voice for the ruling Communist Party, its organisations and state agencies and censorship is prevalent both offline and online. In 2024, Reporters Without Borders ranked Viet Nam 174 out of 180 in their World Press Freedom Index naming the country the “world’s third largest jailer of journalists.”
International human rights experts and non-governmental organisations have raised serious concerns about Viet Nam’s human rights record, outlining for instance the systematic pattern of harassment against and targeting of human rights defenders and journalists. Repeatedly, they are arrested and detained under anti-state charges, most prominently under Articles 117 or 331 of the Vietnamese Criminal Code (2015) for allegedly having spread anti-state propaganda or the “abuse” of democratic freedoms. Both provisions can lead to lengthy prison terms.
UN Working Group on Arbitrary Detention
The UNWGAD is a subsidiary body of the United Nations and composed of five human rights experts. As a quasi-judicial body, it investigates cases of arbitrary arrest and detention and has a mandate to consider individual complaints and their compatibility with international legal standards. In such cases, the UNWGAD can receive allegations of deprivations of liberty, request a reply from the respective government and adopt a non-binding opinion in which it can make recommendations to remedy the situation.
While the opinions adopted by the UNWGAD are not legally binding, they constitute an important instrument to record individual cases of detention and their unlawful nature and engage with the respective government through advocacy and diplomatic channels.
For further information please contact Media Defence Legal Director Pádraig Hughes at: padraig.hughes@mediadefence.org.
