Tài liệu của Việt Nam
Human Rights Watch
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 Hà Thúc Sinh
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Ðại Học Máu

Vài Truyện Ngắn

Tống Biệt Hai Mươi

Kịch một cảnh ba màn: 
Quyền Của Lửa

Hội Luận Nhà Văn Quốc Tế
July 01-1999

Liên lạc:

Vietnam Human Rights Watch
P.O. Box 578
Midway City, CA. 92655, USA



FIFTY YEARS of VIOLATIONS
of Human Rights in Communist Vietnam
1945-1995

APPENDIX

VIOLATIONS OF FREEDOM OF CONSCIENCE
August 16-17, 1945
Stipulated by the People's Congress
(held during the underground period of the Viet Minh)

The Republic Democratic of Vietnam was in serious violation on the freedom of conscience stipulated by the People's Congress on August 17, 1945:

C. - The Congress calls with insistence upon all people throughout the country, and all revolutionary organizations to rise up and unite in the struggle for the enforcement of the following 10 points: (Then follow 10 points, including point number 5 and c as below)

5. - Rights to which the people are entitled shall be enforced.

c) Civic Rights: Universal suffrage; - democratic freedoms (freedom of creed, freedom of opinion, freedom of speech, freedom of [the] press, freedom of assembly, freedom of movement), equal rights for the nationalities equal rights for men and woman.

VIOLATIONS OF THE DECREE ON THE PROTECTION OF
RELIGIOUS INSTITUTIONS
(Enacted by the Democratic Republic of Vietnam on September 20, 1945)

The Democratic Republic of Vietnam was in serious violation of the following article of the Decree on the Protection of Religious Institutions:

Article 1

All religious institutions, churches, temples, pagodas, etc. of a religious character, belonging to ant religious denomination, shall be respected by the people. No one shall cause any damage to them.

VIOLATIONS OF THE 1946 CONSTITUTION
of the Democratic Republic of Vietnam

The Republic Democratic of Vietnam was in serious violation of the following article of the 1946 Constitution:

Article 10

All Vietnamese citizens are entitled to the right of: freedom of speech, of [the] press, freedom of publication, freedom of association and assembly, freedom of creed, freedom of residence, of movement in the Vietnamese territory and in foreign countries.

VIOLATIONS OF THE 1983 CONSTITUTION
of the Socialist Republic of Vietnam
Adopted on December 28, 1983

The Socialist Republic of Vietnam was in serious violation of the following articles of the 1983 Constitution:

Article 5

The Socialist Republic of Vietnam is a unified state of all the nationalities living on Vietnamese territory, with equality in rights and obligations.

The state protects, strengthens and consolidates the great unity of all nationalities; it strictly prohibits any act of racial prejudice and any attempt to show discord among nationalities.

All the nationalities have the right to use their own spoken language and scripts, and to preserve and promote their fine customs, habits, traditions, and culture.

Article 8

All state bodies and all state employees must devoutly serve the people, maintain close relations with them, listen to them and accept their supervision, and promote socialist democracy. All manifestations of bureaucratism, arrogance and authoritarianism are strictly prohibited.

Article 55

All citizens are equal before the law.

Article 67

Citizens enjoy freedom of speech, freedom of the press, freedom of assembly, freedom of association and freedom to demonstrate in accordance with the interests of socialism and the people.

Article 68

Citizens enjoy freedom of, and may or may not practice a religion.

Article 69

Citizens have the right to legal protection from physical violence.

Arrests and detention of people must be made in accordance with the law. All forms of coercion and torture are strictly prohibited.

Article 70

Citizens have the right to protection by law with regard to their lives, property, honor and dignity.

Article 71

Privacy of correspondence and telephone and telegraphic communications is guaranteed. Freedom of movement and residence is respected, in accordance with the law.

Article 72

Citizens have the right to undertake scientific and creative research and to pursue literary, artistic and other cultural activities.

Article 73

Citizens have the right to lodge with any state authority a complaint or denunciation regarding transgressions of law by any state body, social organization, people's armed forces unit or individual employed by those state bodies, organizations or units.

Complaints and denunciations must be examined and dealt with promptly. Any violation of the legitimate rights of citizens must be promptly redressed and seriously dealt with. Victims are entitled to compensation. Retaliation against persons who lodge complaints or denunciations is strictly prohibited.

Article 127

The People's Courts and People's Organs of Control in the socialist Republic of Vietnam are, within their competence, obliged to ensure respect for the lives, property, freedom, honor and dignity of the citizens ...

Article 138

The Supreme People's Organ of Control of the Socialist Republic of Vietnam shall control the observance of laws by the ministries and other bodies under the authority of the council of Ministers, local organs of power, social organizations, people's armed forces units, state employees, and all citizens, exercise the right of public prosecution, to ensure the strict and uniform observance of law.

VIOLATIONS OF THE 1992 CONSTITUTION
of the Socialist Republic of Vietnam
ADOPTED on APRIL 15, 1992

The Socialist Republic of Vietnam is in serious violation of the following articles of the 1992 Constitution:

Article 5

The SRV state is a unified state of the people of various nationalities who live on Vietnamese territory. It implements the policy of equality, solidarity, and mutual assistance among all nationalities, and strictly forbids all discriminatory and divisive behavior among nationalities.

All nationalities are authorized to use their own language; preserve their own ethnic identities; and develop their fine customs, practices, traditions, and cultures.

Article 6

The people use state power through the National Assembly and the people's councils which are elected by the people to represent their will and aspirations, and are responsible to the people.

Article 50

In the SRV, all human rights in the political, civil, economic, cultural, and social fields are respected and manifested as citizen rights stipulated in the Constitution and law.

Article 52

All citizens are equal before the law.

Article 51

Citizens have the right to participate in the administration of the state and society, and in debating the common issues of the entire country and localities, to petition to state agencies, and to vote when the state organizes a referendum.

Article 54

Citizens, regardless of ethnicity, sex, social component, faith, religion, educational level, occupation, time of residence, if 18 years of age or more, are authorized to vote, and if 21 years of age or more, are allowed to stand for election to the National assembly and the people's councils as stipulated by law.

Article 55

Labor is citizens' right and duty. The state and society have plans to create even more jobs for workers.

Article 56

The state promulgates policies and systems for labor safety. It prescribes the time of work and systems of wages, rest and social security insurance for state employees and other wage-earners and encourages the development of various forms of social security insurance for workers.

Article 57

Citizens are free to do business by law.

Article 58

Citizens have the right to own legally-earned income, savings, homes, means of activities and production, capital, and other assets of business or in other economic organizations.

Concerning state-allocated land, clauses in 17 and 18 will be followed. The state protects citizens' legal rights to ownership and inheritance.

Article 59

Education is a right and obligation of citizens. Elementary education is mandatory and free.

Article 68

Citizens are free to move around and live in the country, and to go abroad and return home as stipulated by law.

Article 69

Citizens have the rights to enjoy the freedom of speech and the press, to inform and hold meetings, establish associations, and demonstrate as stipulated by law.

Article 70

Citizens have the freedom to believe or not to believe in a religious faith. All religions are equal before law. Worshipping places of all faiths are protected by law. No one can violate the freedom of faith or exploit it in a way that is at variance with the law and state policies.

Article 71

Citizens are inviolably corporeal, and their life, health, honor, and dignity are protected by law. No one can be arrested without a decision or an approval of the organ of people's control except in cases of flagrant delicto. Any arrest or detention must be made in accordance with the law. Any form of oppressive investigation, physical punishment, or offense to honor and human dignity of citizens is strictly forbidden.

Article 72

No one can be considered guilty and be punished until a verdict of the court has legally come into effect. People who have been arrested, detained, prosecuted, and tried illegally are entitled to material indemnities and to a rehabilitation of public esteem. People who act against the law by arresting, detaining, prosecuting and trying people, and causing a loss to others must be severely and justly dealt with.

Article 73

Citizens' domiciles are inviolable. No one can on his own enter another person's residence without permission of the occupants, except when such an entry is authorized by law.

Article 74

Citizens have the right to lodge complaints and denunciations with authorized state agencies, socioeconomic organizations, units of the people's armed forces, or any individual. Complaints and denunciations must be considered and settled by state agencies within the prescribed time by law.

All forms of behavior that violate the interests of the state and the rights and legal interests of collectives and citizens must be promptly, sternly, and strictly dealt with. Victims are entitled to material indemnities and rehabilitation in public esteem. It is strictly forbidden to take revenge against complainants and denouncers, and to abuse the right to complain and denounce by accusing, slandering, and injuring others.

VIOLATIONS OF the CRIMINAL PROCEDURAL CODE

Article 42

42a. The defender of the rights of the party involved.

1. The injured party, civil plaintiffs, civil defendants, and persons with lawfully rights and interests relevant to a case have the right to ask lawyers, people's defense counsels, and other persons approved by the investigating agency, organ of control, or court to protect their rights.

2. The defender is entitled to the right to participate in the legal proceedings from the time they are initiated against the accused or defendant.

3. The defender has the right to present evidence and make requests, to read the case files and make note of essential items after the investigation is concluded, to participate in questioning and arguments during the trial, and to complain about the decisions of the organ conducting the legal proceedings.

The defender of the injured parties, civil plaintiffs, and civil defendants is entitled to request the replacement of persons conducting the legal proceedings, experts, and interpreters in accordance with the stipulations of this code.

Article 119

The crime of illegal arrest, detention and imprisonment

1. The penalty for anyone who illegally arrests, detains or imprisons a person is a warning, reeducation without detention for a period of up to 1 year, or from 3 months to 2 years in prison.

2. The penalty for this crime when it is committed by using one's public position or authority is reeducation without detention for a period of up to 2 years or from 6 months to 5 years in prison.

3. The penalty for the crime in cases in which serious consequences result is from 3 to 10 years in prison

Article 120

The crime of violating the residence of a citizen

1. The penalty for anyone who illegally searches the residence of another person, illegally forces someone from their residence, or takes other illegal actions that violate the inviolability of the residence of a citizen is a warning, reeducation without detention for a period of up to 1 year, or from 3 months to 1 year in prison.

2. The penalty for this crime in cases involving abuse of public position or authority is reeducation without detention for a period of up to 1 year of from 6 months to 3 years in prison.

Article 124

The crime of violating the rights of the citizen to freedom of assembly, freedom of association and freedom of religion.

1. The penalty for anyone who takes action to impede a citizen's exercise of the following rights of freedom is a warning, reeducation without detention for a period of up to 1 year or from 3 months to 1 year in prison:

a) The freedom to assemble and the right to associate in a manner consistent with the interests of the state and the people;

b) Freedom of religion, that is, the freedom to practice a religion or not to practice a religion.

2. The penalty for anyone who abuses the rights of freedom mentioned above or the other democratic freedoms in order to violate the interests of the state, a social organization or a citizen is a warning, reeducation without detention for a period of up to 1 year, or from 3 months to 1 year in prison.

Supplemental penalty: may be prevented from holding public positions for a period of 2 to 5 years.

Article 168

168a. Time limit for postponement according to Articles 30, 31, 162, 164, 165, 166, 167, and 168 of this code, the time limit for postponement of a preliminary trial must not exceed 30 days from the date the decision on postponement of the trial is made.

Article 217

217a. Decision to enforce, change, or cancel measures of restraint by a court at the preliminary trial level. Following reception of the case files, a court at the preliminary trial level has the right to enforce, change, or cancel measures of restraint. The period of temporary detention cannot exceed the time limit prescribed by Article 215 of this code.

VIOLATIONS OF THE 1973 PARIS PEACE AGREEMENTS

The Government of the Democratic Republic of Vietnam and the Government of the United States of America signed the following agreements in Paris on January 27, 1973.

The Government of the Democratic Republic of Vietnam seriously violated the following articles of the above agreements:

Article 11

Immediately after the cease-fire the two South Vietnamese parties will:

-- Achieve national reconciliation and concord, end hatred and enmity, prohibit all acts of reprisal and discrimination against individuals or organizations that have collaborated with one side or the other;

-- Ensure the democratic liberties of the people: personal freedom, freedom of speech, freedom of the press, freedom of meeting, freedom of organization, freedom of political activities, freedom of belief, freedom of movement, freedom of residence, freedom of work, right of property ownership and the right of free enterprise.

VIOLATIONS OF THE AMNESTY INTERNATIONAL PROTOCOL
(CONCERNING the RETURN of CAPTURE MILITARY PERSONNEL
DETAINED VIETNAMESE CIVILIAN PERSONNEL)

The Government of the Democratic Republic of Vietnam seriously violated the following articles of the above agreements:

Article 8

(a) All captured military personnel of the parties and captured foreign civilians of the parties shall be treated humanely at all times, and in accordance with international practice.

They shall be protected against all violence to life and person, in particular against murder to any form, mutilation, torture and cruel treatment, and outrages upon personal dignity ...

They shall be given adequate food, clothing, shelter, and the medical attention required by their state and health. They shall be allowed to exchange postcards and letters with their families and receive parcels.

(b) All Vietnamese civilian personnel captured and detained in South Vietnam shall be treated humanely at all times, and in accordance with international practice.

They shall be protected against all violence to life and person, in particular against murder in any form, mutilation, torture and cruel treatment, and outrages against personal dignity. The detaining parties shall not deny or delay their return for any reason, including the fact that captured persons may, on any grounds, have been prosecuted or sentenced ...

VIOLATIONS OF THE GENEVA CONVENTION RELATIVE TO
THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR
(AUGUST 12, 1949)

The Democratic Republic of Vietnam seriously violated the following articles of the above convention:

Article 8

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavor to bring into force, by means of the other provisions of the present convention.

VIOLATIONS OF THE UNIVERSAL DECLARATION
OF HUMAN RIGHTS

The Socialist Republic of Vietnam is in serious violation of the following articles of the Universal Declaration of Human Rights:

Article 1

All human beings are born free and equal in dignity and rights. they are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 3

Everyone has the right to life, liberty and security of person.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

1. Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

2. No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national and international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

1. Everyone has the right to freedom of movement and residence within the borders of each state.
2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 17

1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.

Article 21

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free coding procedures.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

3. Parents have prior right to choose the kind of education that shall be given to their children.

Article 29

1. Everyone has duties to the community in which alone the free and full development of his personality is possible

2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society

3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
 


VIOLATIONS OF THE INTERNATIONAL COVENANT
OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

The Socialist Republic of Vietnam is in serious violation of the following articles of the International Covenant of economic, social, and cultural rights.

Article 1

1. All peoples have the rights of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4

The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic country.

Article 6

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programs, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favorable conditions of work which ensure, in particular:

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence...

Article 8

1. The States Parties to the present Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic country in the interests of national security or public order or for the protection of the rights and freedoms of others;

(b) The rights of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedom of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country...

Article 10

The State Parties to the present Covenant recognize that

1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children...

3. Special measures of protection and assistance should be taken on behalf of all children and young persons without discrimination for reasons of parentage or other conditions...

Article 13

1. The State Parties to the present covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United nations for the maintenance of peace.

2. The State Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

(a) Primary education in its different forms, including technical and vocational shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved...

4. No part of this article shall be construed as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph 1 of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory education, free of charge, undertakes within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Article 15

3. The State Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity...
 


VIOLATIONS OF THE INTERNATIONAL COVENANT ON CIVIL
AND POLITICAL RIGHTS

The Socialist Republic of Vietnam is in serious violation of the following articles of the International Covenant on Civil and Political Rights:

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development...

Article 2

Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 5

There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law enforce at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court...

4. Anyone sentenced of death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8

2. No one shall be held in servitude.

3. (a) No one shall be required to perform forced or compulsory labor.

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labor may be imposed as a punishment for a crime, the performance of hard labor in pursuance of a sentence to such punishment by a competent court...

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for the execution of the judgment.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons...

Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence...

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law...

2. Everyone charged with a criminal offense shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witness against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him...

(g) Not to be compelled to testify against himself or to confess guilt...

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offense and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered facts shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the nondisclosure of the unknown fact in time is wholly or partly attributable to him.

Article 15

1. No one shall be held guilty of any criminal offense on account of any act or omission did not constitute a criminal offense, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offense was committed...

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others or in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subjected to coercion which would impair his freedom to have and adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to manifestations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others...

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing and in print, in the form of art, or through any other media of his choice...

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests...

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

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