‘Prison after prison’: Debts trap foreigners in Vietnamese jails

Ho Chi Minh Metropolis, Vietnam – When Ezeigwe Evaristus Chukwuebuka, a Nigerian man accomplished his 12-year sentence for monetary fraud in Vietnam, he anticipated to fly dwelling and see his household.

Convicted in 2012, Chukwuebuka was launched 4 years early, having endured exhausting labour — outlined by the Vietnamese authorities as ‘rehabilitation’. Nonetheless, as an alternative of getting on a aircraft to Nigeria, he was transferred to a detention centre one hour southeast of Ho Chi Minh Metropolis in Lengthy An province.

Chukwuebuka was detained within the centre for 2 years, at instances held in solitary confinement along with his ankles locked in iron shackles as guards pepper-sprayed his face.

He was lastly launched on November 16 after paying 39 million Vietnamese dong ($1,660) in courtroom charges and 230 million Vietnamese dong ($9,810) in compensation to the victims of his crime. An additional 675 million Vietnamese dong ($27,800), unclaimed by victims, was written off.

“It’s horrible. It’s jail after jail,” Chukwuebuka informed Al Jazeera. “I used to be critically humiliated, locked up in a darkish, pungent, small room with out a bathroom, and my legs locked up in bars for 2 weeks.”

“Racism, insults, and carelessness,” he added, “is a traditional means of the police.”

Though Chukwuebuka was launched, he says the state of affairs for these nonetheless in detention stays difficult.

Trại Giam Lengthy Hòa, the advanced the place the detainees are being held, additionally features a jail and detention services for Vietnamese juvenile offenders and intercourse employees.

Chukwuebuka says no less than 16 overseas detainees are being held long-term on the detention centre, which he says may maintain as many as 100 folks. Among the many inmates are nationals from Malaysia, Cambodia, South Africa, the Netherlands, Korea, Nigeria, Taiwan, The Philippines, Hong Kong and a Bulgarian twin nationwide. All are being detained till they’ll repay courtroom charges and fines in addition to present compensation to victims they’re deemed to owe because of their crimes.

Al Jazeera spoke to seven different detainees within the detention centre, all of whom mentioned they consider they’ll by no means be launched attributable to difficulties in arranging cost of their alleged money owed. One man from the Netherlands has been within the centre because it first opened in 2017.

“It’s completely stunning that Vietnam is holding overseas prisoners in what quantities to a debtors’ jail, with no hope of launch,” mentioned Phil Robertson, deputy director for Human Rights Watch’s Asia division.

“There’s actually no justification for such outrageous therapy, which constitutes arbitrary detention in clear violation of Article 9 of the Worldwide Covenant on Civil and Political Rights [ICCPR] ratified by Vietnam.”

Cletus Chimaobi Hillary, a 43-year-old Nigerian man sentenced to 12 years in 2014 for misappropriating greater than $30,000, has been within the centre for the previous 19 months after finishing his jail time period, with a discount in his sentence.

Like Chukwuebuka, he has been confined to a darkish room, his ankles shackled.

He too says he has been pepper-sprayed by guards.

“From what I’m seeing, listening to right here, there isn’t a hope of being launched,” Hillary mentioned in written correspondence.

“I can’t pay this enormous amount of cash whereas inside right here. No technique of communication, no means of creating wealth or borrowing cash from someplace, from inside right here.”

‘One other life sentence’

A Vietnamese human rights employee, who requested to stay nameless citing the sensitivity of the problem, mentioned the authorized foundation for centres just like the Lengthy Hòa advanced is ambiguous because of the obscure legal guidelines underpinning their actions.

Decree No: 65/2020/ND-CP pertains to foreigners who’ve completed serving their jail phrases however stay in detention earlier than they’re both deported or capable of settle fines and compensation.

Articles 17.4 and 18 cowl cost of compensation in keeping with the courtroom’s ruling. If people are unable to pay, the case will be settled in keeping with the legislation on the enforcement of civil judgements, by which each the state and victims might have a say on the compensation of fines and compensation.

However the actuality, in keeping with the rights employee, is a authorized black gap that’s exhausting to flee with out the settlement of the alleged debt or the help of a overseas embassy.

Tye Quickly Hin, a 42-year-old Malaysian, was jailed for 12 years alongside two of his fellow residents for utilizing faux bank cards to steal cash in 2014.

Since finishing their sentences greater than three years in the past — additionally with a discount —  they’ve been held within the detention centre owing a mixed sum of $60,000.

One of many trio, Teh Chee Wan, can afford to repay the cash he owes however has been informed he can’t be launched till all three, who have been tried collectively, have settled their money owed.

Not one of the detainees, nonetheless, are allowed to work to repay the funds.

“It feels actually unfair,” Hin informed Al Jazeera. “I paid the worth of the crime that I did, however I’m nonetheless locked [up] and handled like a prisoner right here.”

Hilton Gomez, one other Malaysian who has spent 20 months in the detention centre owing about $12,700 in courtroom fines after serving 20 years of a life sentence for drug trafficking, mentioned: “I used to be all the time informed that if I abide with the principles and rules of the jail, I might be given a leniency yearly in order that I may be part of my household quickly. I had labored exhausting within the considered assembly my mum and daughters, however in actuality, now it appears to be like like I shall be right here for one more life sentence.”

Insufficient healthcare

Quite a few detainees complained to Al Jazeera of insufficient healthcare within the detention centre.

Chan King Fai, a 65-year-old detainee from Hong Kong, has been held for greater than three years over a debt of about $17,000 since finishing his jail time period for fraud.

“I’ve hypertension, diabetes, and coronary heart downside, however the worst is my tooth, as a result of my synthetic tooth [fell out] two years in the past. I urge the officers to let me repair it. However till as we speak, they nonetheless reject my utility. About two years, I can’t eat.”

Christopher Osinanna Nwadike, a Nigerian sentenced to 4 years imprisonment for fraud, owes roughly $5,700. He has been within the detention centre for about 4 months and says he feels “deserted”.

“Earlier than my arrest, I had an operation for appendicitis,” he mentioned. “Nonetheless, throughout my sentence interval and till now I’ve been having pains in my decrease stomach and a critical knee ache. I’ve been requesting for a medical check-up, however till now my request has not been attended to.”

“A buddy has managed to pay for me the courtroom fines and costs,” he added. “As for the sufferer’s compensation, she can’t be discovered on the handle offered, and in keeping with the individual accountable for this case … the sufferer has not come to indicate any curiosity within the refund for over 4 years now.”

Vietnam’s Ministry of International Affairs, which is answerable for coping with overseas journalists, didn’t reply to a request for remark.

The detention centre for foreigners is barely talked about in Vietnamese state media, though the Lengthy Hòa advanced obtained media consideration in 2019 when a 17-year-old Vietnamese inmate died after being overwhelmed by employees.

The Netherlands’s embassy confirmed it was offering consular help to a citizen detained in Lengthy An province. All different related embassies have been approached for remark however had not responded by the point of publication.

Vietnam’s therapy of inmates has come underneath scrutiny lately, with guards filmed utilizing electrical shocks towards inmates and imprisoned activists reportedly tortured and shackled, whereas beatings and compelled labour stay commonplace in drug detention centres.

On September 1, Vietnam introduced it will grant amnesty to 2,434 prisoners, together with 16 overseas nationals. Collectively, they paid a mixed complete of 67 billion Vietnamese dong (about $2.8m) in fines earlier than they have been launched.

Not thought of prisoners, not one of the detainees in Lengthy An province have been eligible for the amnesty.

“The heinous therapy these detainees are receiving, together with shackling and verbal and bodily intimidation and violence, may represent torture, which isn’t permitted underneath worldwide legislation,” Robertson mentioned.

He recommended the Vietnamese authorities ought to coordinate with the embassies of the detainees to rearrange their repatriation to their dwelling international locations.

“Hanoi may work with these embassies,” Robertson added, “and maybe the IOM’s [International Organization for Migration] Assisted Voluntary Return programme, to discover a fast, rights-respecting answer involving launch and departure of those foreigners, who’ve suffered for much too lengthy in unjust detention.”