Profile: Ha Van Nam - The 88 Project

Details of Imprisonment

On March 5, 2019, the Investigation Agency of Que Vo District, Bac Ninh Province released an announcement on the arrest of Ha Van Nam to investigate him on the alleged action of “disturbing public order” at Pha Lai BOT toll station on December 31, 2018. The place of this BOT was on National Highway 18, which crosses the area of Que Vo District.

At around 7:00 am on March 5, dozens of security officers of Que Vo District, Bac Ninh Province arrested Nam with an arrest order while he was staying at home. After bringing him to the police station of Bac Ninh province, a group of security officers searched his house and confiscated his phone.

May 2019:

On May 21, 2019, Ha Van Nam’s family announced that Nam refused all proposed defense counsels. This news was released by lawyer Tran Thu Nam, one of the six proposed lawyers who are willing to support him. Ha Van Nam was active in protesting against corrupt BOT toll stations and has been detained by the public security of Bac Ninh Province since early March. His refusal to accept defense counsel is likely derived from the pressure of public security.

July 2019:

A court in Bac Ninh province sentenced Build-Operate-Transfer (BOT) protester Ha Van Nam to 30 months in prison on July 30 for "causing public disorder." Authorities allege he incited others to protest and block a highway. Six others-- Nguyen Quynh Phong, Le Van Khiem, Nguyen Tuan Quan, Vu Van Ha, Ngo Quang Hung, and Tran Quang Hai-- were convicted in the same trial, receiving sentences of between 18 and 36 months in prison. Supporters were barred from entering the courtroom.

October 2019:

On October 18, 2019, the People’s Court of Bac Ninh province upheld the two year and six-month sentence for driver Ha Van Nam for “disturbing the public order," under Article 318 of the 2015 Penal Code. Nam was not permitted to defend himself at the appeal trial.

Actions Taken

Before the trial, Joanne Mariner, Amnesty International’s Senior Crisis Adviser, gave a statement expressing concern about the trial and demanding Ha Van Nam's immediate and unconditional release. She said, “Ha Van Nam was peacefully reporting allegations of injustice, human rights violations and corruption in Vietnam. This vindictive prosecution simply proves his point.”

Resources

Tài xế Hà Văn Nam bị bắt để điều tra hành vi gây rối, Tien Phong Newspaper, March 6, 2019

Tài xế phản đối BOT, Hà Văn Nam bị bắt, Radio Free Asia, March 5, 2019

Viet Nam: Activist faces trial for statements on Facebook, Amnesty International, July 29, 2019

Vietnam anti-corruption activist gets 30 months in jail, Associated Press, July 30, 2019

Vietnamese Activist Gets 30 Months in Toll-Booth Protest, Radio Free Asia, July 30, 2019

Y án đối với tài xế chống BOT ‘bẩn’, Hà Văn Nam, Radio Free Asia, October 18, 2019

Court in Vietnam Rejects Appeal by Toll-Booth Protester, Upholds 30-Month Jail Term, Radio Free Asia, October 18, 2019