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Greece

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

Police are responsible for law enforcement, border security, and the maintenance of order and are under the authority of the minister for citizen protection. The Coast Guard is responsible for law and border enforcement in territorial waters and reports to the Ministry of Maritime Affairs and Island Policy. Police and the armed forces, the latter of which are under the authority of the Ministry of Defense, jointly share law enforcement duties in certain border areas. Civilian authorities maintained effective control over the police, Coast Guard, and armed forces, and the government had effective mechanisms to investigate and punish abuse.

NGOs reported incidents of security forces committing racially and hate-motivated violence. In a March 28 report, the most recent available, the Racist Violence Recording Network (RVRN), a group of NGOs coordinated by UNHCR and the National Commission for Human Rights, reported that law enforcement officials committed 10 of the 102 incidents of racist violence recorded in 2017. Victims in these incidents included, among others, asylum seekers, unaccompanied minors, a refugee, a UNHCR employee, and a male member of the Roma community. Police statistics were higher, reporting 184 potentially racially motivated incidents in 2017, 24 of which involved law enforcement officials as perpetrators. No further data on internal investigation results or penalties for offenders were available.

In a 2017 report, the ombudsman reported 117 allegations of law enforcement officials abusing their authority in nine different detention facilities. Charges included, inter alia, 15 cases of alleged torture, 15 cases of gun use, and 53 incidents related to the endangerment of human life and bodily integrity.

NGOs, universities, international organizations, and service academies provided police training on safeguarding human rights and combatting hate crimes and human trafficking.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law prohibits arbitrary arrest and requires judicial warrants for arrests, except during the commission of a crime. The law requires police to bring detainees before a magistrate, who then must issue a detention warrant or order the detainee’s release within 24 hours of detention. Detainees are promptly informed of charges against them. Pretrial detention may last up to 18 months, depending on the severity of the crime, or 30 months in exceptional circumstances. A panel of judges may release detainees pending trial. Expedited procedures may be applied to individuals accused of misdemeanors. Individuals are entitled to state compensation if found to have been unlawfully detained. There were no reports that police violated these laws.

Detainees may contact a close relative or third party, consult with a lawyer of their choice, and obtain medical services. Since police are required to bring detainees before an examining magistrate within 24 hours of detention, the short time period may limit detainees’ ability to present an adequate defense in some instances. Defendants may request a delay to prepare a defense. Bail and restriction orders are available for defendants unless a judicial officer deems the defendant a flight risk.

Rights activists and media reported instances in which foreign detainees had limited access to court-provided interpretation or were unaware of their right to legal assistance. Indigent defendants facing felony charges received legal representation from the bar association. NGOs and international organizations provided limited legal aid to detained migrants and asylum seekers.

Arbitrary Arrest: The government placed some unaccompanied minors into “protective custody” in local police stations (see section 1, Prison and Detention Center Conditions, Physical Conditions).

Pretrial Detention: Prolonged pretrial detention resulting from courts being over-burdened and understaffed remained a problem. The court authorized pretrial detention under certain conditions, including when there was a flight risk or when the court was concerned that the suspect could commit additional crimes. Pretrial detention was only used for felony charges and negligent homicide cases. In the case of acquittal through a final court decision, the affected individual may seek compensation for time spent in pretrial detention. Some legal experts criticized what they considered excessive use of this measure. In addition, compensation procedures were time-consuming and the amounts offered were relatively low (9-10 euros ($10.35-$11.50) per day of imprisonment). Based on Ministry of Justice, Transparency, and Human Rights statistics, approximately 30 percent of those with pending cases were in pretrial detention in January 2017.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

FREEDOM OF ASSOCIATION

Although the constitution and law provide for freedom of association, the government continued to place legal restrictions on the names of associations of nationals who self-identified as ethnic Macedonian or associations that included the term “Turkish” as indicative of a collective ethnic identity (see section 6). Such associations, despite the lack of legal recognition, continued to operate.

On July 12, the Thrace appeals court rejected a request from the unofficial “Turkish Union of Xanthi” to reinstate its legal status. The association submitted this petition following a European Court of Human Rights ruling that the Greek court’s decision violated the right of association as protected by the European Convention of Human Rights and Fundamental Freedoms and a 2017 law allowing the reexamination of such previously rejected requests.

Venezuela

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits the arrest or detention of an individual without a judicial order and provides for the accused to remain free while being tried, but judges and prosecutors often disregarded these provisions. The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but the government generally did not observe this requirement. While NGOs such as Foro Penal, COFAVIC, the Institute for Press and Society, Espacio Publico, and PROVEA noted at least 2,000 open cases of arbitrary detentions, authorities rarely granted them formal means to present their petitions. Authorities arbitrarily detained individuals, including foreign citizens, for extended periods without criminal charges.

ROLE OF THE POLICE AND SECURITY APPARATUS

The GNB–a branch of the military that reports to both the Ministry of Defense and the Ministry of Interior, Justice, and Peace–is responsible for maintaining public order, guarding the exterior of key government installations and prisons, conducting counternarcotics operations, monitoring borders, and providing law enforcement in remote areas. The Ministry of Interior, Justice, and Peace controls the CICPC, which conducts most criminal investigations, and the Bolivarian National Intelligence Service (SEBIN), which collects intelligence within the country and abroad, and is responsible for investigating cases of corruption, subversion, and arms trafficking. SEBIN maintained its own detention facilities separate from those of the Ministry of Penitentiary Services. Police include municipal, state, and national police forces. Mayors and governors oversee municipal and state police forces. The PNB reports to the Ministry of Interior, Justice, and Peace. According to its website, the PNB largely focused on policing Caracas’s Libertador municipality; patrolling Caracas-area highways, railways, and metro system; and protecting diplomatic missions. The PNB maintained a minimal presence in seven of the country’s 23 states.

Corruption, inadequate police training and equipment, and insufficient central government funding, particularly for police forces in states and municipalities governed by opposition officials, reduced the effectiveness of the security forces. There were continued reports of police abuse and involvement in crime, including illegal and arbitrary detentions, extrajudicial killings, kidnappings, and the excessive use of force.

Impunity remained a serious problem in the security forces. The Public Ministry is responsible for initiating judicial investigations of security force abuses. The Office of Fundamental Rights in the Public Ministry is responsible for investigating cases involving crimes committed by public officials, particularly security officials.

According to the Public Ministry’s 2016 annual report (the most recent one available), the Office of Fundamental Rights cited 13,343 specific actions taken to “process claims” against police authorities for human rights abuses and charged 320 with violations. Neither the Attorney General’s Office nor the Office of the Human Rights Ombudsman provided information regarding alleged human rights violations committed by police and military personnel.

State and municipal governments also investigated their respective police forces. By law the national, state, and municipal police forces have a police corps disciplinary council that takes action against security officials who commit abuses. The National Assembly also may investigate security force abuses.

The government at both the local and national levels took few actions to sanction officers involved in abuses. According to the NGO Network of Support for Justice and Peace, the lack of sufficient prosecutors made it difficult to prosecute police and military officials allegedly involved in human rights abuses. In addition NGOs reported the following problems contributed to an ineffective judicial system: long procedural delays, poor court administration and organization, lack of transparency in investigations, and impunity of government officials. In June 2017 Human Rights Watch reported the then attorney general Luisa Ortega Diaz had opened investigations in more than 600 cases of injury caused during the protests that began in April 2017. In at least 10 cases, her office charged security forces with unlawful killings of demonstrators or bystanders. After her removal, her successor did not pursue the cases.

NGOs and police noted that many victims did not report violent crimes to police or other authorities due to fear of retribution or lack of confidence in the police and that the actual occurrence was likely far higher than what was reported.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

While a warrant is required for an arrest, detention is permitted without an arrest warrant when an individual is apprehended in the act of committing a crime or to secure a suspect or witness during an investigation. Police often detained individuals without a warrant. The law mandates that detainees be brought before a prosecutor within 12 hours and before a judge within 48 hours to determine the legality of the detention; the law also requires that detainees be informed promptly of the charges against them. Authorities routinely ignored these requirements.

Although the law provides for bail, it is not available for certain crimes. Bail also may be denied if a person is apprehended in the act of committing a crime or if a judge determines the accused may flee or impede the investigation. The law allows detainees access to counsel and family members, but that requirement was often not met, particularly for political prisoners. The constitution also provides any detained individual the right to immediate communication with family members and lawyers who, in turn, have the right to know a detainee’s whereabouts. A person accused of a crime may not be detained for longer than the possible minimum sentence for that crime or for longer than two years, whichever is shorter, except in certain circumstances, such as when the defendant is responsible for the delay in the proceedings.

Arbitrary Arrest: Foro Penal reported 498 cases of arbitrary detention between January 1 and November 15, compared with 5,462 protest-related cases of arbitrary detention from April through December 2017. Opposition politicians and human rights NGOs attributed the reduction largely to a significant decrease in large-scale protests following National Constituent Assembly (ANC) elections in July 2017.

Caracas municipal councilmember Fernando Alban died on October 8 while in SEBIN custody. SEBIN officials had arrested Alban upon his return from a foreign trip on October 5 and held him in detention as a suspect in the August 4 drone attack believed to have been a presidential assassination attempt. Attorney General Tarek William Saab reported via social media and press statements that Alban jumped from a 10th-floor bathroom window, while Minister of Interior Nestor Reverol stated Alban jumped from a 10th-floor waiting room. NGOs and members of the opposition denounced these conflicting stories and alleged Alban was murdered.

Pretrial Detention: Pretrial detention remained an egregious problem. According to the OVP, approximately 79 percent of the prison population was in pretrial detention. According to the Public Ministry, in 2016 only 21 percent of trials concluded or reached sentencing. The NGO Citizen Observatory of the Penal Justice System attributed trial delays to the shortage of prosecutors and penal judges (4.7 penal judges per 100,000 inhabitants in 2010, the latest date for which information was available).

Despite constitutional protections that provide for timely trials, judges reportedly scheduled initial hearings months after the events giving rise to the cause of action. An automated scheduling system was ineffective at streamlining case logistics. Proceedings were often deferred or suspended when an officer of the court, such as the prosecutor, public defender, or judge, failed to attend.

According to the Public Ministry’s 2015 annual report (the most recent available), the ministry pressed charges in 9.7 percent of the 556,000 cases involving common crimes. The ministry reported the closure of the remainder of the complaints but did not indicate final outcomes. Prisoners reported to NGOs that a lack of transportation and disorganization in the prison system reduced their access to the courts and contributed to trial delays.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detained individuals may challenge the grounds for their detention, but proceedings were often delayed and hearings postponed, stretching trials for years. Courts frequently disregarded defendants’ presumption of innocence. Authorities often failed to allow detainees to consult with counsel or access their case records when filing challenges. Some detainees remained on probation or under house arrest indefinitely.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution provides for the inviolability of the home and personal privacy, but the government generally did not respect these prohibitions. In some cases government authorities searched homes without judicial or other appropriate authorization, seized property without due process, or interfered in personal communications. FAES and other security forces regularly conducted indiscriminate household raids.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for this right, but the government generally repressed or suspended it. The law regulates the right to assembly. Human rights groups continued to criticize the law as enabling the government to charge protesters with serious crimes for participating in peaceful demonstrations. Ambiguous language in the law also allowed the government to criminalize organizations that were critical of the government. Protests and marches require government authorization in advance and are forbidden within designated “security zones.”

Citizens organized sporadic and often spontaneous small-scale protests throughout the year to demand basic services such as water and electricity. The government generally refrained from using the widespread, violent, and in some cases fatal responses they used to quash the 2017 protests, but NGOs reported cases of arbitrary detention and heavy-handed police tactics to quell protests.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association and freedom from political discrimination, but the government did not respect these rights. Although professional and academic associations generally operated without interference, a number of associations complained that the TSJ and the National Electoral Council (CNE), which is responsible for convoking all elections and establishing electoral dates and procedures, repeatedly interfered with their attempts to hold internal elections.

A 2016 presidential decree called on the Foreign Ministry to suspend international funding to NGOs when “it is presumed” that the funding is used with “political purposes or for destabilization.” There were no reports the government implemented the decree during the year.

Vietnam

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution states that a decision by a court or prosecutor is required for the arrest of any individual, except in the case of a “flagrant offense.” The law allows the government to arrest and detain persons “until the investigation finishes” for particularly serious crimes, including national security cases. Those detained may question the legality of their detention with the body responsible, but officials denied this right to political prisoners.

According to an NGO, between June and September authorities imprisoned 14 activists for social media posts and charged three for “abusing democratic freedom” and three with “making, storing, and spreading information, materials, and items for the purpose of opposing the state.” Authorities routinely subjected activists and suspected criminals to de facto house arrest without charge.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Public Security is responsible for internal security and controls the national police, a special national security investigative agency, and other internal security units. The Bureau of Investigation of the Supreme People’s Procuracy (national-level public prosecutor’s office) examines allegations of abuse by security forces. The ministry had a substantial voice in national policymaking; three of the 17 members of the Politburo were actual or former Ministry of Public Security officials.

People’s committees (the executive branch of local governments) had substantial authority over police forces and prosecutors at the provincial, district, and local levels. Provincial and local police often had, consequently, significant independence in their activities.

Although the Supreme People’s Procuracy had authority to investigate security force abuse, police organizations operated with little legal restraint or transparency, and no public oversight. Police officers sometimes acted with impunity. At the commune level, guard forces composed of residents or members of government-affiliated social organizations commonly assisted police and sometimes committed human rights abuses.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

In January a number of criminal laws including the 2015 Criminal Procedure Code (CPC), 2015 Penal Code, and 2015 Law on Custody and Detention went into effect.

The new CPC introduced adversarial elements into civil and criminal trial proceedings. The CPC also provides a full chapter on the roles and responsibilities of defense attorneys, which includes attorneys’ right of access to evidence and access to the accused at the time of arrest.

Activists reported Ministry of Public Security officials assaulted political prisoners to exact confessions or used other means to induce written confessions, including instructing fellow prisoners to assault them or making promises of better treatment. Some activists also reported routine police interrogations to obtain incriminating information concerning other human rights activists.

By law police usually need a warrant issued by the People’s Procuracy to arrest a suspect, although in some cases a decision from a court (different from the procuracy) is required. There were numerous instances where activists were taken into custody by plainclothes individuals without an arrest warrant. The new CPC allows police to “hold an individual” without a warrant in “urgent circumstances,” such as when evidence existed that a person was preparing to commit a crime or when police caught a person in the act of committing a crime. Police may hold a suspect for 72 hours without an arrest warrant. In such cases the People’s Procuracy must approve or disapprove the arrest within 12 hours of receiving notice from police.

Police frequently used excessive force when making an arrest. There were cases where plainclothes individuals attempted to instigate an altercation in order to arrest an individual. On April 1, plainclothes officers arrested former political prisoner Vu Van Hung on the street near his house after he attended an unsanctioned meeting. Two plainclothes officers reportedly followed him from the meeting and beat Hung when he resisted their attempts to arrest him. Hung was ultimately charged and convicted of “deliberately inflicting injuries against others.”

The People’s Procuracy must issue a decision to initiate a formal criminal investigation of a detainee within three days of arrest; otherwise, police must release the suspect. The law allows the People’s Procuracy to request two additional three-day extensions allowing for an extension of the custody time limit to a maximum of nine days.

The new criminal code reduces the time limit for detention while under investigation, including for “serious” and “particularly serious” crimes. For the latter an individual may be held for 20 months. The law, however, allows the Supreme People’s Procuracy to detain an individual “until the investigation finishes” in cases of “particularly serious crimes,” including national security cases. The government in some cases exceeded these limits for both activists and those accused of other crimes. On October 5, Luu Van Vinh, Phan Trung, and Nguyen Van Duc Do were convicted and sentenced to lengthy prison terms after being held in pretrial detention for almost two years. Consistent with a pattern of increasingly lengthy sentences for human rights activists, Luu Van Vinh received a 15-year sentence for conviction of “conducting activities aimed at overthrowing the people’s administration”.

During the period of detention, authorities may deny family visits, which they routinely did for those arrested under national security and related articles such as “disrupting public order.”

The law allows for bail as a measure to replace temporary detention, but authorities seldom granted bail. Investigators, prosecutors, or courts may allow the depositing of money or valuable property in exchange for bail.

The law requires authorities to inform persons held in custody, accused of a crime, or charged with a crime, of their legal rights, including the right to an attorney. The law provides for legal aid services for persons younger than age 18, those with disabilities, or to those accused of a capital crime.

The law affords detainees access to counsel from the time of their detention, but authorities continued to use bureaucratic delays to deny timely access to legal counsel. In many cases authorities only permitted attorneys access to their clients or the evidence against them immediately before the case went to trial, denying them adequate time to prepare their cases.

In cases investigated under national security laws, the government has and routinely used authority to prohibit access by defense lawyers to clients until after officials complete an investigation and formally charge the suspect with a crime.

Authorities did not allow Le Dinh Luong to meet with his lawyer until July, approximately a year after his arrest. On August 18, a court in Nghe An Province sentenced Luong to 20 years in prison, consistent with a pattern of increasingly lengthy sentences for human rights activists.

Suspects routinely were not brought promptly before a judicial officer. Before a formal indictment, detainees have the right to notify family members. Although police generally informed families of detainees’ whereabouts, the Ministry of Public Security held a number of blogger and activist detainees suspected of national security violations incommunicado. On September 2, blogger Ngo Van Dung disappeared; his family did not receive informal confirmation of his whereabouts until mid-October. As of November the whereabouts of more than a dozen other bloggers taken into custody across the country at the same time remained unknown.

Arbitrary Arrest: Arbitrary arrest and detention, particularly for political activists and individuals protesting land seizures or other injustices, remained a serious problem.

During the year security officers abducted activist Pham Doan Trang and questioned her for multiple times. On February 24, security officers took her from her house to the Security Investigation Agency of Ministry of Public Security, interrogating her for hours regarding her book titled “Politics for the Masses”.

Authorities subjected many religious and political activists to varying degrees of arbitrary detention in their residences, in vehicles, at local police stations, at “social protection centers,” or at local government offices. Officials also frequently detained human rights activists upon their return from overseas trips.

The government arrested numerous individuals for expressing political views or protesting economic conditions, including dozens arrested in June in the aftermath of nationwide demonstrations against a draft special administrative economic zone and the new cybersecurity law. Authorities said three of those were arrested for “abusing freedoms and democratic rights to infringe upon the State’s interests or lawful rights and interests of organizations or individuals,” which carries a sentence of up to seven years’ imprisonment; two others were arrested for “producing, storing, spreading or disseminating information, documents or objects to oppose the State,” which carries a sentence of up to 20 years’ imprisonment; and one was arrested for “intentionally inflicting injury to or causing harm to the health of other persons.”

Taken into custody on September 2 for comments made on Facebook, activist Doan Thi Hong remained in detention without charge at year’s end; friends say she disappeared after dropping off her toddler with a friend. Her family had no information concerning her whereabouts for several weeks, but they eventually located her in Binh Thanh Ward, Ho Chi Minh City; they have not been allowed to meet with her.

Pretrial Detention: The allowable time for temporary detention during an investigation, equivalent to pretrial detention, varies depending on the offense: three months for less serious offenses, 16 months for the most serious cases, and 20 months for “especially serious” crimes. These limits were exceeded with impunity, including for cases not involving activists. Police and prosecutors used these lengthy periods of pretrial detention to punish or to pressure human rights defenders to confess to crimes, activists said. By law authorities must provide justification for detention beyond the initial four months, but there were reports that court officials routinely ignored the legal requirement of providing such justification.

Lengthy pretrial detention was not limited to activists. The Ho Chi Minh City People’s Procuracy reported that as of May 2017, 452 persons had been in custody for more than 12 months without trial and police had detained seven persons past the maximum period allowed by law. The Ho Chi Minh City’s People’s Procuracy attributed the delays to disagreements among the police investigation agency, the People’s Court, and the People’s Procuracy on whether to charge detainees under criminal or civil codes.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained may request that the agency responsible review the decision. If a decision is deemed improper by that body, the individual may be eligible for appropriate compensation.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, but the government did not consistently protect these rights and at times violated them.

By law, security forces need public prosecutorial orders for forced entry into homes, but Ministry of Public Security agents and local police officers regularly entered homes, particularly of activists, without legal authority. They often intimidated residents with threats of repercussions for failure to allow entry.

According to social media, on July 6, three plainclothes individuals broke into the home of Tran Van Chuc in Loc Thang town, Bao Lam district, Lam Dong province and beat him badly with wooden sticks, breaking his arm and causing multiple injuries. Activists reported that the assault was retaliation for attendance at a mass demonstration on June 10.

Without legal warrants, authorities regularly opened and censored targeted private mail; confiscated packages and letters; and monitored telephone conversations, email, text messages, blogs, and fax transmissions. The government cut telephone lines and interrupted cell phone and internet services of a number of political activists and their family members.

The Ministry of Public Security maintained a system of household registration and block wardens to monitor unlawful activity. While this system was less intrusive than in the past, the ministry closely monitored individuals engaged or suspected of engaging in unauthorized political activities. Local officials in several provinces in the Central Highlands, including Doan Ket village, Dak Ngo commune, Tuy Duc district, Dak Nong province, denied registration to 700 Hmong Christians who had migrated there in recent years, according to an NGO. As a result school officials did not allow their children to attend to school.

Family members of activists reported numerous incidents of physical harassment, intimidation, and questioning by Ministry of Public Security officials. Such harassment included harassment at the work place, and denying education and employment to family members of former or existing political prisoners or activists.

The constitution stipulates that society, families, and all citizens implement “the population and family planning program,” which allows couples or individuals the right to have one or two children, with exceptions based on government decree. There is no legal provision punishing citizens who have more children than the program allows; however, there were reported instances where local authorities imposed administrative fees on families in Nghe An province who had more than two children.

The CPV and certain ministries and localities issued their own regulations on family size for their staff. A decree issued by the Politburo, for example, subjects CPV members to reprimand if they have three children, removes them from a ranking position if they have four children, and expels them from the CPV if they have five children. Violating the decree also decreases the likelihood of promotion and may lead to job termination. The CPV did not enforce these provisions consistently.

CPV membership remained a prerequisite to career advancement for employees in nearly all government and government-linked organizations and businesses. Economic diversification, however, continued to make membership in the CPV and CPV-controlled mass organizations less essential for financial and social advancement.

Representatives from state-run organizations and progovernment groups visited activists’ residences and attempted to intimidate them into agreeing that the government’s policies were correct, according to social media and activists’ reports. For example on August 8, a group of injured veterans surrounded the private residence of activist Nguyen Lan Thang, calling him names and playing loud music for hours, according to social media. The group repeated the harassment for several days and authorities did not intervene despite repeated requests.

Family members of activists reported numerous and sometimes severe instances of harassment by Ministry of Public Security officials and agents, ranging from threatening telephone calls and insulting activists in local media and online to attacks on activists’ homes with rocks, shrimp paste, and gasoline bombs. There were reports that such abuses caused injury and trauma requiring hospitalization.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The government restricted freedom of peaceful assembly. Law and regulations require persons wishing to gather in a group to apply for a permit, which local authorities issued or denied without explanation. Only those arranging publicized gatherings to discuss sensitive matters appeared to require permits, however, and persons routinely gathered in informal groups without government interference. The government generally did not permit any demonstrations perceived to be political. The law permits security forces to detain individuals gathering or protesting outside of courthouses during trials.

The Ministry of Public Security and local police routinely prevented activists from peacefully assembling. There were numerous reports of police dispersing gatherings of environmental activists, anti-China activists, land rights advocates, human rights defenders, bloggers and independent journalists, women’s rights, and former political prisoners.

Social media and multiple activists reported that on June 17, authorities took some 180 people, including those who were involved in protesting the draft SAEZ and cybersecurity laws and those observing the demonstrations, to Tao Dao stadium in Ho Chi Minh City. Some activists including Phan Tieu May said they were not protesting but were taken by authorities from their homes or cafes to the stadium Authorities searched, and beat those detained. Many of those involved said they sustained injuries to the head, and some lost consciousness. One individual required long-term hospitalization for his injuries.

On August 15, Ho Chi Minh City police and plainclothes individuals beat musician Nguyen Tin and other activists at Casanova Cafe in District 3 in Ho Chi Minh City after Nguyen Tin held an unregistered concert. They tied him to a chair and beat him over the head with his guitar, according to other activists.

FREEDOM OF ASSOCIATION

The constitution affords individuals the right of association, but the government restricted freedom of association severely. The country’s legal and regulatory framework establishes mechanisms for restricting freedom of NGOs to act and organize, including by restricting freedom of association. The government generally prohibited the establishment of private, independent organizations, insisting that persons work within established, party-controlled mass organizations, usually under the aegis of the VFF. The government used complex and politicized registration systems for NGOs and religious organizations to suppress unwelcome political and religious participation.

Laws and regulations governing NGOs restrict their ability to engage in policy advocacy or conduct research outside of state-sanctioned topics and prohibit organizations focused on social science and technology from operating in fields such as economic policy, public policy, political issues, and a range of other areas considered sensitive. Authorities also do not permit them to engage in the public distribution of policy advocacy positions.

The Law on Belief and Religions, which came into effect January 1, still requires religious groups to register with authorities and to inform officials of activities. Authorities had the right to approve or refuse religious activities. Some unregistered religious groups reported an increase in government interference.

Some registered organizations, civil society organizations including governance and environment-focused NGOs, reported increased scrutiny of their activities.

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The Lessons of 1989: Freedom and Our Future