Vietnam is arbitrarily detaining Phan Tat Thanh and Nguyen Chi Tuyen: Opinion of the Working Group on Arbitrary Detention of the UN Human Rights Council

 

Vietnam Human Rights Network | November 25, 2025

The UN Working Group on Arbitrary Detention (WGAD), during its 103rd session from August 25 to 29, 2025, adopted 16 reports on the arbitrary detention of citizens by several governments around the world, including two cases related to the communist government of Vietnam: two political prisoners, Phan Tat Thanh and Nguyen Chi Tuyen.

The Vietnam Human Rights Network submitted Phan Tat Thanh's case on behalf of his family on October 11, 2024. Nguyen Chi Tuyen's case was submitted by the Hunan Rights Foundation, in cooperation with the Defend the Defenders and the Vietnam Human Rights Network, on behalf of his family, on December 27, 2024.

According to WGAD's working procedure, after examining the circumstances of the case and the legal basis for the detention, WGAD sends the case evidence to the relevant government, requesting an explanation. That government has 60 days to explain. If more time is needed to respond, the relevant government may request a 1-month extension. After the prescribed time limit, if the concerned government fails to respond, WGAD will base its opinion on the submitted documents.

This opinion, together with the WGAD's recommendations, will be sent to the relevant government. The information source will also receive the opinion 48 hours later. The opinions expressed will be presented to the Human Rights Council in the Working Group's annual report.

In both cases of Phan Tat Thanh and Nguyen Chi Tuyen, the Vietnamese government did not respond to the request for an explanation and did not request an extension of time to provide one. Therefore, the WGAD approved the publication of opinions on the cases of Phan Tat Thanh and Nguyen Chi Tuyen at its 103rd session.

These two opinions are now available on the WGAD website:

- The case of PHAN TAT THANH

- The case of NGUYEN CHI TUYEN

In both cases, after examining the facts of the complaint and referring to the provisions of the International Human Rights Laws, the WGAD came to the following conclusions:

- The deprivation of liberty of Phan Tat Thanh and Nguyen Chi Tuyen had no legal basis. It was therefore arbitrary according to category I (Deprivation of the freedom without any legal basis being invoked).

- The detention of Phan Tat Thanh and Nguyen Chi Tuyen is due to their exercise of the right to freedom of opinion and expression, contrary to Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights.

- The Vietnamese government has committed numerous violations of the right to a fair trial and the right to due process of law so grave that the deprivation of liberty of Phan Tat Thanh and Nguyen Chi Tuyen is arbitrary in category III (Right to be tried by a fair and impartial tribunal).

- Phan Tat Thanh and Nguyen Chi Tuyen have been deprived of their liberty on discriminatory grounds, based on their political opinions and their status as human rights defenders. Their deprivation of liberty violates Articles 2 and 7 of the Universal Declaration of Human Rights and Articles 2(1) and 26 of the International Covenant on Civil and Political Rights. It is arbitrary under Category V (Unjust treatment on account of political opinions). The WGAD therefore referred the case to the Special Rapporteur on the situation of human rights defenders.

In the conclusions of the two Opinions, the WGAD also noted that in its 34-year history, it had found that Vietnam had violated its international human rights obligations in many similar cases, that is, following a pattern of arrests that did not comply with international standards, prolonged detention pending trial without access to judicial review, denial or limited access to legal counsel, incommunicado detention, prosecution under vague criminal offenses for peacefully exercising human rights, a brief closed trial that did not comply with due process, disproportionate sentencing, and denial of access to the outside world.

The Working Group requests the Government of Viet Nam to take all necessary steps to remedy the situation of Mr. Thanh and Mr. Tuyen immediately and to bring it into conformity with relevant international standards, including those set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Such steps include:

- Immediately release Phan Tat Thanh and Nguyen Chi Tuyen and provide adequate compensation for the harm caused to them.

- The Vietnamese government must conduct a full and independent investigation into the circumstances surrounding the arbitrary deprivation of liberty of Mr. Thanh and Mr. Tuyen, and take appropriate measures against those responsible for violating their rights.

- The Vietnamese government must translate, publish, and disseminate this opinion through all available means and as widely as possible.

According to the announcement on November 14, 2025, by the Vietnam Human Rights Network, two political prisoners, Phan Tat Thanh and Nguyen Chi Tuyen, along with Nguyen Thi Ngoc Hanh, have been selected to receive the Vietnam Human Rights Award 2025. The award ceremony will be held on December 7, 2025, on the occasion of the 77th International Human Rights Day, in Montreal, Canada.

 

 

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