Institutionalized and systematic human rights violations by the communist party of vietnam

Case 4: Female Lawyer Lê Thị Công Nhân and Lawyer Nguyễn văn Đài

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Case 4: Female Lawyer Lê Thị Công Nhân and Lawyer Nguyễn văn Đài

On March 6, 2007 Lawyers Lê thị Công Nhân and Nguyễn văn Đài were arrested in Hanoi. Propaganda organizations of the SRV Government reported as follows regarding the cause of arrest of these two Human Rights lawyers: “Đài and Công Nhân have committed act of distorting policies of the Government on democracy, human rights." The People’s Court of Hanoi confirms: by abusing the practicing of the lawyer profession, Nguyễn Văn Đài and Lê Thị Công Nhân have used the Thiên Ân Office to realize acts of conducting propaganda against the state. Lê Thị Công Nhân has joined Bloc 8406 and is spokeperson of the "progressive party Vietnam". In searching the homes of Lê Thị Công Nhân and Nguyễn Văn Đài, responsible authorities have confiscated almost 150 documents. They include a number of prohibited books, semi-monthlies. The document "Declaration of Freedom and Democracy for Vietnam" of Bloc 8406 and documents calling for a boycott of the National Assembly’s election are also found. Since Dec. 2006, Nguyễn Văn Đài claims to have founded the "21st century democratic party", "the progressive party Vietnam", "block 8406". Participants of the courses given by Đài are given documents, money and are promised financial means to study abroad or to obtain jobs.”
According to "verdict" No. 28/CT of People’s Court in Hanoi, the defendants "store documents with contents distorting the history of the people, slandering the socialist system ruled by the Communist Party, maliciously misinterpreting policies of the government toward labor union organizations and the Vietnamese working class."
On May 11, 2007, a short court session sentenced Lawyer Ls Lê thị Công Nhân to 4 years prison and 4 years house arrest, whereas Lawyer Nguyễn văn Đài was sentenced to 5 years prison and 5 years house arrest for „act of propaganda against SRV state“ according to Art. 88 of SRV Penal Code.
In November 2007, the Revision Court reduces the sentences to repectively 3 years prison and 3 years house arrest for Lawyer Lê thị Công Nhân and 4 years prison and 4 years house arrest for Lawyer Nguyễn văn Đài.

Regarding the court’s sentences, defense lawyer Trần Lâm (a former Prosecuting Attorney) observes: “… The mistake of the prosecution and investigation process is that, they mention this and that document or verbal proofs without bothering to quote sources or allowing defense …”

Case 5: Bi-monthly journal “Tự Do Ngôn Luận” (Freedom of Speech), Catholic Priest Nguyễn văn Lý

On March 30, 2007 at the People’s Court of Thừa Thiên/Huế, Catholic Reverend Nguyễn Văn Lý, initiator and realisator of the Bi-monthly journal “Tự Do Ngôn Luận” (Freedom of Speech) was sentenced to 8 years of prison and 5 years of house arrest for „act of propaganda against the SRV state“ in accordance with Art. 88 of SRV Penal Code in a brief court session.

Catholic Priest Nguyễn Văn Lý was muted during court session on March 30, 2007
Bi-monthly Tự Do Ngôn Luận is a collective work of several Bloc 8406 members, with Catholic Reverend Chân Tín acting as Chief-Redacteur. The redaction includes Rev. Nguyễn Văn Lý, Rev. Phan Văn Lợi, Lawyer Nguyễn Văn Đài, Reporter Nguyễn Khắc Toàn and other free contributors.

The journal was first issued in April 8, 2006, aiming at providing unbiased information to people inside of Vietnam and encouraging citizens to share their opinions in order to help solve the manifold problems facing the country (juristic, religious, political, social ...) which, owing to its dictatorial construction and nature, the SRV regime is incapable to resolve. Until now 64 issues of the journal have been brought out in spite of extreme difficulties since April 15, 2006 (Issue No. 64 was brought out on December 1, 2008. The journal is now 2 year and 8 month and a half old). Initiators of the bi-monthly Tự Do Ngôn Luận, Rev. Nguyễn Văn Lý and its contributor Lawyer Nguyển Văn Đài are now in prison. The present redactor in charge, the catholic priest Phan Văn Lợi, is also being put under house arrest by the regime, constantly watched and harrassed, slandered and threatened with punishment ... Several contributors to the journal have been hampered in the distribution of the journal, readers are harassed or inhibited from having access to the journal. All undertaking by the regime is aimed at suppressing an organization fighting for the rights to have access to unbiased information, to be informed on important problems of the country under the rule of the present dictatorial communist regime. (Reminiscent of the darkest period in 1954 during the socalled Nord-Vietnamese “Hundred Flowers” period, when a large number of writers, artists were cruelly oppressed and jailed indeterminately)

Case 6: Dr. Nguyễn Đan Quế
On July 19, 2004, Dr. Nguyen Dan Que was condemned to 30 months imprisonment for "abuse of freedom of democracy against the interests of the state". He was arrested in Saigon on March 17, 2003, because he published an article on the Internet to criticize the lack of information freedom in Vietnam.
Dr. Nguyen Dan Que was already condemned in 1991 by the Hanoi regime to 20 years imprisonment because of his public call for free elections and the establishment of a multi-party system.
Case 7: Female Film Producer Song Chi.
The employment contract from film director Song Chi with the television film company TFS (which belongs to the state-run TV station HTV Vietnam) was suspended because of her publication of articles on Internet and her attendance on demonstrations against Chinese occupation on the two Paracel and Spartly islands groups of Vietnam. In an interview with RFA-Radio on May 10, 2008, said Song Chi:
"On May 2, I met Mr. Nguyen Viet Hung - Director of the film company TFS. He let me know that the security authority has visited the Director General of the TV Station and the management of the Film Company. They want the film company to stop working together with film director Song Chi because of some political problems: some of her articles published abroad, interviews with press and radio stations, her relationship with politically controversial elements.”
Case 8: Club of Free Journalists
a. The free journalist Nguyen Van Hai, often known under the pen names Hoang-Hai and Hai Dieu-Cay, was born in 1953 in Hai Phong. He founded the Club of Free Journalists, consisting of volunteer journalists who write on current social problems which reflect aspirations of the people and voice support on their behalf, in particular for victims of land appropriation and unjust treatments by the communist authorities. He has created two web sites: the "People Press", to publish reports and articles by members of the club. The second site is called "Điếu cày”, in which he gives his own opinions about current problems of the present Vietnamese society and republishes relevant articles on Vietnam. He also joins demonstrations to protest against Communist Chinese territorial expansion and occupation of the Paracel and Spratley Islands Groups late 2007 and early 2008. Thereafter he was constantly harrassed by the seccurities police. He can be summoned to police station for interrogations at any time of the day at all: there he was threatened and demanded to give up his social activities.
He was arrested on April 19, 2008 and was sentenced to 2 1/2 years of prison because of "tax evasion". Several international Human Rights organizations and the Vietanmese Human Rights Network have protested against this sentence. Reporters Without Borders calls on Hanoi regime to release him.
b. Together with Nguyen Van Hai, the woman journalist Duong Thi Xuan, a member of the "Club of Free Journalists" in the capital also shares the same experiences. She was arrested repeatedly and illegally by the police and was beaten in the police stations at the very heart of Hanoi during the last few years since she joins the movement to help the victims of injustice . She was victim of a motorcycle accident in 2006 on Thanh Nien street next to the two Lakes Truc Bach and Tay. The accident was clearly the work of the security police. Understandably, they want to stop her from pursuing activities in the movement for the democratization of Vietnam.
Already in early August, 2006, she has been arrested and taken into custody for several days at the investigation office of the Security Police of Hanoi at 87 Tran Hung Dao street. Her home was searched, her computer and communications means were confiscated. She has participated in the founding of the Freedom and Democracy Magazine, which aims at fighting for Democracy, Human Rights, Justice, launched by Hoang Tien, a writer, and Nguyen Khac Toan, a journalist.
Case 9: Dismissal of the chief editor of Đại Đoàn Kết (Great Solidarity) Newspaper
On October 27, 2008, the Central Committee of the Fatherland Front of Vietnam announces the dismissal of Mr. Ly Tien Dung as chief and Mr. Dang Ngoc as Deputy Chief Editor of the newspaper Đại Đoàn Kết because of “violation of the Press Law.”
The newspaper has in the past published articles which other newspapers did not dare to print while they are described as not contrary to the line of the party and the state. For example:

  • The article "On the need to remove political control" of Father Nguyen Thien Cam (a member of the Central Fatherland Front of Vietnam, Deputy Head of the Catholic Solidarity Committee).

  • Letter from General Vo Nguyen Giap to the Party and state leaders against the demolition of Ba Dinh Hall and against the construction of the building of the National Assembly on the Royal palace relics.

  • Some articles of journalists Thai Duy and Nguyen Huu, which contain opinions about sensitive political situation in Vietnam.

Case 10: Beating journalist Ben Stocking (AP)
On September 19, 2008, the Associated Press Hanoi bureau chief Ben Stocking was arrested and beaten by police for covering a peaceful rally of Vietnamese Catholics in Hanoi.

He then spent two and a half hours in a police station before being taken to a clinic where he received four stitches to close a head injury.

Countless violations of freedom of expression and freedom of the press include for example cases against Father Phan Van Loi, Venerable Thích Thiện Minh, the Most Venerable Thích Quảng Độ, Father Chân tín, Father Nguyễn Hữu Giải, Lê Trí Tuệ, Teacher Nguyễn Chính Kết (2006), Prof. Hoàng Minh Chính, Lawyer Lê Quốc Quân, Nguyễn Xuân Nghĩa, Phạm Quế Dương, Dr. Nguyễn Đan Quế (2004), Lê Quang Liêm, Vũ Hùng, Ms. Phạm Thanh Nghiên, Journalist Nguyễn Vũ Bình, Lawyer Lê Chí Quang, Dr. Phạm Hồng Sơn, Journalist Nguyễn Khắc Toàn (2003), Trương Quốc Huy, Trần Thiên Lộc, Engineer Bạch Ngọc Dương, Mrs. Phương Thy, Pastor Nguyễn Hồng Quang, Ms. Quỳnh Trâm, Trần Quốc Hiền, Pastor Phạm Ngọc Thạch, Lawyer Nguyễn thị Thùy Trang, Female Writer Trần khải Thanh Thủy, Hồ thị Bích Khương, Phan Thanh Hải, Lê Thanh Tùng, Lương Văn Sinh, Mrs. Phạm thị Ứng, Bùi Chat, Quốc Dung, Uyên Vũ, Anh Bằng, Lê Hào, Đức Hội, Tạ Phong Tan, Đào Văn Thuỵ, Nguyễn Phương Anh, Nguyễn Trung Lĩnh, Phạm Văn Trội, Nguyễn Đức Chính, Ngô Quỳnh, Trần văn Thạch,Trần Đức Thạch, Nguyễn văn Tuc, Writer Hoàng Tiến, Vũ Cao Quận, Prof. Trần Khuê, Bùi Minh Quốc, Hà Sĩ Phu, Buddhist Monk Thích Không Tánh, Nguyễn bá Đăng, Trương quốc Tuấn, Mrs. Lưu thị thu Duyên, Mrs. Lưu thị thu Trang, Mrs. Lê thị Kim Thu, Nguyễn Ngọc Quang, Phạm bá Hải,Vũ Hoàng Hải, Mrs. Dương thị Xuân, Lê Xuân Kính, Phan Thanh Hải, Nguyễn Văn Bình, Nguyễn Thanh Giang, Nguyễn Hải Chiến, Nguyễn văn Hải, female Lawyer Bùi kim Thành etc.

Millions more cases of violations of human rights in the Socialist Republic of Vietnam could easily be listed had Vietnam enjoyed freedom of expression and of the press.
3. Violations of freedom of association and assembly
3.1. International Law
Freedoms of association and assembly are fundamental rights of all people on earth, as defined in articles 21 and 22 of the International Covenant on Civil and Political Rights and in articles 20 and 23 (paragraph 4) of the Universal Declaration of Human Rights.
3.2. Vietnamese Law
3.2.1. Constitution
Article 69: The citizen shall enjoy freedom of opinion and speech, freedom of the press, the right to be informed, and the right to assemble, form associations and hold demonstrations in accordance with the provisions of the law.
The rights to assemble, form associations and hold demonstrations of the citizens are defined in Art. 69 of the SRV Constitution. In spite of the provision “with the provisions of the law”, the law nonetheless does not fordid assembling, forming associations and holding demonstrations. However, one can be convicted for “causing disorder to public order”, “conducting propaganda against the state” or “abusing democracy to act against the Vietnamese state.”
3.2.2. Union law
Labor unions in Vietnam are regulated by the Law on Trade Unions of the National Assembly passed on June 30, 1990. According to this law:
A trade union is a large politicaland social organization of the working class voluntarily established under the leadership of the Communist Party of Vietnam. It represents Vietnamese workers (workers), is part of the political system of Vietnam and brings the benefits of socialism for the workers.” (Article 1 of the Law on Trade Unions)
Art. 1 of the Trade Union Law of SRV determines the fundamental principle for trade unions in Vietnam, namely that the trade unions stand under the leadership of the Communist Party. In Communist Vietnam, major enterprises are state-owned. Party Statutes of the CPV and the Constitution of SRV determine the leadership of the state and society by the communist party of Vietnam (CPV). The CPV is the employer of all Vietnamese workers in Government organizations and in state enterprises. Owing to the ruling role of the Party, trade unions in Vietnam are not created to protect the interests of workers. On the contrary, they are only instruments of the communist party for the systematic exploitation of Vietnamese workers. This violates the International Covenant on Civil and Political Rights.
Article 22 of the United Nations Covenant on Civil and Political Rights and Article 23, § 4, of the International Declaration of Human Rights guarantee everyone the freedom to establish associations, independent unions to protect his own interests. Associations and trade unions are not subject to the leadership of the Communist Party of Vietnam, as they are in the case of SRV’s law.

3.3. Ten typical cases of violations by Communist Vietnam of freedom to association and assembly
Case 1: Farmers - Workers Solidarity Association
The Vietnamese communist regime arrested all the leaders of Vietnam Farmers – Workers Solidarity Association, an independent Trade Union organization founded in 2006.

- Lawyer Tran Quoc Hien, speaker of the Association, was arrested on January 1, 2007 and sentenced to 5-year imprisonment and 2 years of home detention.

- Doan Huy Chuong (Nguyen Tan Hoanh), Representative of the Association, sentenced to 1 year and 6 months imprisonment, then reduced and was released on May 13, 2008.

- Doan Van Dien: sentenced to 4 years 6 months imprisonment, without any reduction.

- Tran Thi Le Hong (Le Hang): sentenced to a 3 years imprisonment, without any reduction.

- Nguyen Thi Tuyet, sentenced to 1 year and 6 months imprisonment.

- Doan Van Dien, Doan Huy Chuong, Le Ba Triet, Nguyen Tuan are being detained at prison camps such as B34, Dong Nai or 4 Phan Dang Luu, Saigon.

- Some other members such as Luu Van Xui, Tran Thi Tuyet are either on wanted list or harassed.

Case 2: Vietnam Progression Party
On the September 8, 2006, a committee including a number of young Vietnamese intellectuals announced their political program and created the Vietnam Thang Tien Party based on the following policies:

- To make Vietnam progress on economic, political, social, cultural and spiritual aspects so that the people can live in peaceful, independent and free country; the society is healthy and civilized; the nation is prosperous and happy.

- To restore and respect/enforce all legitimate private property rights of the citizens.

- Defend sovereignty, territorial integrity and all interests of the nation in the international arena.

Vietnam Thang Tien Party is determined to build a society based on the platform of:

1. The doctrines of society and economy humanity, effectively applied in the democratic and civilized countries to build peace, justice, human rights, civil rights, promotion of culture, society and economic stability, sustainable development.

2. The International Declaration of Human Rights and the United Nations Covenant on Civil and Political Rights.

3. The values of belief and religion.

4. The precious and sustainable cultural and moral traditions of Vietnam.

5. The aspirations of the people of Vietnam for peace, truth, justice, brotherhood, freedom and democracy.

Thang Tien Party has caused a big impact and is strongly supported by intellectuals and young people. That’s the reason the Vietnamese authorities are trying to destroy it.
All members of Viet Nam Thang Tien Party founding Board were arrested in February and March 2007 and then sentenced in Hue and Hanoi:
- Mr. Nguyen Phong, Head of Thang Tien Party founding Board (arrested on February 17, 2007) sentenced to 6 years imprisonment and 3 years detention.

- Mr. Nguyen Binh Thanh, Co-founder of Thang Tien Party (arrested on February 17, 2007), sentenced to 5 years’ probation and 2 years’ home detention.

- Ms. Hoang Thi Anh Dao, Secretary of Thang Tien Party (arrested on February 19, 2007) sentenced to 2 years’ probation and 3 years’ home detention.

- Ms Le Thi Hang, Secretary of Thang Tien Party (arrested on February 19, 2007) sentenced to 18 months’ probation and 2 years’ home detention.

- Lawyer Le Thi Cong Nhan, Spokeswoman and Co-founder of Thang Tien Party, Counsellor to Vietnam Human Rights Committee, was arrested on March 6, 2007 and sentenced to 3 years’ imprisonment and 3 years’ home detention.

Case 3: Viet Tan Party
A number of members of Viet Tan Party such as Nguyen The Vu, Nguyen Viet Trung, Nguyen Quoc Hai (Somsak Khunmi) was arrested on November 17, 2007 in Saigon together with Nguyen Quoc Quan (U.S. nationality), Nguyen Thi Thanh Van (French nationality) and Mr. Truong Van Ba (U.S. nationality).

Under international pressure, Mrs. Nguyen Thi Thanh Van and Mr. Truong Van Ba, were released on December 11, 2007, whereas Mr. Nguyen Quoc Quan could return to the United States on May 13, 2008.

Case 4: People’s Democratic Party
On May 10, 2007, the "People's Court" of Saigon has sentenced ruling members of the People's Democratic Party for their “propaganda against the Socialist Republic of Vietnam" under Article 88 of its penal law.
- Dr. Le Nguyen Sang, a democratic dissident using the Internet, was sentenced to 4 years and 6 months imprisonment.
- Journalist Huynh Nguyen Dao, a democratic dissident using the Internet, sentenced to the imprisonment for 2 years and 6 months.
- Lawyer Nguyen Bac Truyen, a democratic dissident using the Internet, sentenced to the imprisonment for 3 years and 6 months.
On appeal, Hanoi’s authorities have on Aug. 17, 2007 reduced the sentence of Dr. Le Nguyen Sang to 4 years’ imprisonment, that of lawyer Nguyen Bac Truyen by one year to 3 years’ imprisonment and the one of journalist Huynh Nguyen Dao by 6 months to 2 ½ years’ imprisonment.

Case 5: Democracy for Vietnam Club

Journalist Nguyen Vu Binh was working for nearly 10 years for Tap Chi Cong San (the Communist Magazine), the theory organ of the VCP. He quit work in January 2001 and wanted to found the Vietnam Free Democratic Party. Along with 16 other people, he has written an open letter to the government calling for political reforms and the release of all political prisoners. He also supports the establishment of a "People Association to help the Party and the State fight corruption" and became founding member of the Democracy for Vietnam Club in Vietnam. After he had sent on July 21, 2002 a hearing on human rights violations in Vietnam to the Committee for Human Rights of the U.S. Congress, the police examined his home in Hanoi and confiscated his books and documents. He was isolated in detention until mid August 2002 and then under house arrest. Being detained at home, he was often harassed, under secret police surveillance had to report himself to the police from time to time for interogations. After his article "Some reflexions on Vietnam-Chinese Border Agreement” in which he criticized the government for surrendering hundreds of km2 of land of Vietnam appeared on the internet, he was again arrested on September 25, 2002. He was sentenced to 7 years’ imprisonment and 3 years’ home detention on December 31, 2003 for the crime "working as spy". Thanks to the international pressure from the U.S. government, the EU countries, Reporters Sans Frontières, Human Rights Watch, Committee for Protection of Journalists, the World Association of Newspapers and World Editors Forum etc. he was released from prison in June 2007, at the time of the visit of communist State President Nguyễn Minh Triết to the United States.

Case 6: The Vietnamese Political and Religious prisoners Frienship Association

Mr. Truong Minh Nguyet, an agro-mechanical Engineer, Vice-President of the Vietnamese Political and Religious Prisoners Frienship Association, was arrested with Mr. Nguyen Van Ngoc, another member of the Association on June 6, 2007. It’s known that these two men are connected with the political case relative to the "The Patiotic Vietnamese Group" in Hanoi. The 2 people are now temporarily detained in Dong Nai province.

Buddhist Monk Thich Thien Minh, after 26 years in prison, founded the Vietnamese Political and Religious Prisoners Friendship Association in Vietnam in November 2006. He has constantly been harassed and his daily life is closely watched by the police. They set up control post in front of his home, controlling and interrogating everyone who comes in or goes out.

Case 7: “For the People” Party
Protestant Minister Hong Trung, representative of the For the People Party in Vietnam was arrested on February 22, 2007. Student Dang Hung was arrested on May 17, 2007.
Reporter Truong Minh Duc was arrested on February 17, 2008 and sentenced to 5 years imprisonment on March 28, 2008 in Kien Giang province for "abusing democratic rights against the State of Vietnam."
Case 8: The Democratic Party
In the case of Mr. Hoang Minh Chinh of the Democratic Party, the Vietnamese Government mobilized hooligans and the underworld to throw acide to his house at 21 Ly Thuong Kiet in Hanoi or to prohibit contact with him.
Hoang Minh Chinh was a prominent communist turned dissident. At the end his life he wrote on January 17, 2008 three letters addressed to the Vietnam Communist Party expressing his thoughts.

Case 9: Human Rights Commission of Vietnam

The Human Rights Commission of Vietnam was founded by the 2 lawyers Nguyen Van Dai and Le Thi Cong Nhan on December 10, 2006. As these two lawyers were arrested and sent to prison, the leadership of the Commission has been taken over by Engineer Pham Van Troi.

At 23h30 on September 10, 2008, 11 security policemen entered his home and took him away without arrest warrant. They also searched his house, confiscated his computer and mobile phone.
Case 10: Block 8406

35 persons, listed in the alphabetical order, updated on October 4, 2008

I. Sentenced and imprisonned:
1. Mr. Doan Van Dien, 4 years 6 months imprisonment.

2. Lawyer Nguyen Van Dai, 5 years imprisonment.

3. Journalist Huynh Nguyen Dao, 3-year imprisonment.

4. Journalist Truong Minh Duc, 5 years imprisonment.

5. Mr. Pham Ba Hai, 5 years imprisonment

6. Mr. Vu Hoang Hai, 2 years imprisonment

7. Lawer Tran Quoc Hien, 5 years imprisonment

8. Ms. Tran Thi Le Hong, 3 years imprisonment.

9. Mr. Truong Quoc Huy, 6 years imprisonment.

10. Ms. Ho Thi Bich Khuong, 2 years imprisonment

11. Priest Nguyen Van Ly, 8 years imprisonment

12. Lawyer Le Thi Cong Nhan, 4 years imprisonment.

13. Mr. Hang Tan Phat, 6 years imprisonment.

14. Mr. Nguyen Phong, 6 years imprisonment.

15. Mr. Nguyen Ngoc Quang, 3-year imprisonment

16. Mr. Phung Quang Quyen, 1 year 6 months imprisonment.

17. Dr. Le Nguyen Sang, 5 years imprisonment.

18. Mr. Luong Van Sinh, 2 years imprisonment.

19. Mr. Le Van Soc, member of Hoa Hao, 6 years imprisonment.

20. Mr. Nguyen Thanh Binh, 5 years imprisonment.

21. Lawyer Nguyen Bac Truyen, 4 years imprisonment.

22. Ms. Nguyen Thi Tuyet, 1 year 6 months imprisonment.

II. Detained and waiting for sentences

1. Mrs. Nguyen Thi Cam Hong, Long An

2. Teacher Vu Hung, Ha Tay

3. Writer Nguyen Xuan Nghia, Hai Phong

4. Soldier Pham Thanh, Hai Phong

5. Mr. Nguyen Kim Nhan, Bac Giang

6. Student Ngo Quynh, Bac Giang

7. Poet Tran Duc Thach, Nghe An

8. Mrs. Le Thi Kim Thu, Dong Nai

9. Mr. Nguyen Van Tinh, Hai Phong

10. Engineer Pham Van Troi, Ha Tay

11. Mr. Nguyen Van Tuc, Thai Binh.

III. Wanted
1. Professor Nguyen Chinh Ket, Saigon

2. Mrs. Do Thi Kim Phe, Dong Thap

3.4. Typical Cases of violations of freedom of assembly and to strike

Case 1: Application for demonstration of writer Nguyen Xuan Nghia and Ms. Pham Thanh Nghien
Writer Nguyen Xuan Nghia and Mrs. Pham Thanh Nghien sent an application of June 14, 2008 to the People's Committee of Hanoi asking for permission for a demonstration in front of the Hanoi Post Office and around Lake Hoan Kiem, Hanoi.

They received Notification Number 148/TB-UBND, signed on June 26, 2008 by the People's Committee of Hanoi which "does not allow to conduct activities focusing people in public places." Mr. Nguyen Xuan Nghia and Ms. Pham Thanh Nghien want to send a claim to the city People's Committee of Hanoi on July 10, 2008 and asked Lawyer Le Tran Luat (Cabinet Phap Quyen) for juridical counselling.

Under agreement, lawyer Le Tran Luat arrived in Hai Phong on August 21, 2008 to meet with the clients and to accompany them to the People's Court of Hanoi in order to hand in a claim the next day. For that reason the police set up on August 16, 2008 watch posts to keep watching their houses day and night. Each time they go out, 3 to 4 policemen would follow them. Additional policemen came to watch them when they went to the airport to meet with lawyer Le Tran Luat. The Police of Hai Phong came to their hotel at 23h30 on 21 August and asked to see lawyer Le Tran Luat. Four policemen of Hai Phong headed by Lt. Colonel Nguyen Van Hai of department PA25 "counselled" the lawyer to not get engaged in this affair. The reason they gave was that "Mrs. Nghien and Mr. Hai are dissidents of the Communist Party of Vietnam" and "there was no such a precedent so far in the Socialist Republic of Vietnam”. Lawyer Le Tran Luat affirmed: "Tomorrow we will go to Hanoi to hand in the claim anyway".
The following morning, August 22, 2008, the police of Haiphong followed them all the way to Hai Duong. In Hanoi, they continued to be in the "care" of Hanoi police. In the court, they faced problems which had been arranged in advance. However, with their determination and the arguments of the laywer the Court had to receive their claim.
The office and the home of lawyer Le Tran Luat have been since under surveillance of the police, who follow him any time when he goes out. In the afternoon of August 24, he was forced by Saigon police to the walkside when he was going to meet his another client (Mrs. Pham Thanh who, after she had handed in her application for a demonstration, was stopped and assaulted by Haiphong police right on the street on July 4, 2008).
Ms. Pham Thanh Nghiem received in August 2008 a "Notice of the return of the application for a trial” from the Court of Hanoi, signed by Judge Mai Van Quang on August 26, 2008 explaining that "the Court does not have the authority (on the matter)".

If the court has no jurisdiction over the juridical wrong doings of the executive bodies, then who does? To whom should the people address their claims in case of law infringements by the executive body?

Case 2: Dispersing students demonstrations against the Chinese invasion of Vietnam

After two demonstrations against Chinese hegemony on December 9 and 16, 2007 a number students who have participated in the demonstrations were called by their universities for "reminding", "warning". The Secretary of the Youth Union has been invited to cooperate with the police and the chiefs of the classes in schools, colleges, universities in the country in order to "deal" with the pupils and the students. According to the official document of December 21, 2007 of Ministry of Education and Training addressed to directors and rectors of the universities and the professional colleges and directors of the academies, all students having participated to the demonstrations and assemblies violated the law and consequently will be suspended from examinations, graduations and risk to lose scholarship or even dismissal out of the school.

Case 3: Truong Quoc Huy, Truong Quoc Nghia, Truong Quoc Tuan and Dao Ngoc Anh

At 15h30 on October 19, 2005, under command of Lt. Colonel Tran Thanh Ta of Phu Nhuan District, 50 policemen from districts of Phu Nhuan, Nos. 4 and 9, in collaboration with the police of the Politbureau, surrounded house No. 603 in Nguyen Kiem street of Phu Nhuan district. The Police arrested four persons for the reason "conspiracy to overthrow the government":

- Truong Quoc Huy

- Truong Quoc Nghia

- Truong Quoc Tuan

- Ms. Dao Ngoc Anh (Lisa Pham, a Vietnamese American)

They were all members of the Paltalk, a forum gathering thousands of Vietnamese to discuss political topics, listen to the music, to sing, to listen to religious lectures etc.

Case 4: Mrs. Le Thi Kim Thu

On November 7, 2008, the tribunal of Ba Dinh (Hanoi) opens a trial against Mrs. Le Thi Kim Thu, resident in Vinh An, Vinh Cuu, Dong Nai for "violation of the public order."

The charge made by the People's Court of Ba Dinh states: "At about 7h on August 14, 2008, Le Thi Kim Thu and some others, holding protest banners, wearing ragged clothing, holding photos of deceased people while shouting loudly to cause public disorder at Mai Xuan Thuong Garden of Thuy Khue, Tay Ho district. Thu herself was holding a banner with wrong accusation, crying loudly ... When the police and public order officials requested them to disperse, they refused to comply and continued to move to the area in front of the Government Office causing traffic jam on Hoang Hoa Tham Street".

It is known that Mrs. Le Thi Kim Thu has been lodging her claims continuously over the last 10 years, along with 25 groups of citizens victims of injustice called “Dan oan” from 25 provinces who want to sue the Socialist Republic of Vietnam for illegal confiscation and appropriation of their properties and land by communist authorities (in application of Decree 47/CP of the SRV related to settlement and compensation of losses of properties and land).

Case 5: Preventing the meeting of Loretta Sanchez, US congresswoman, with wife and mother of democracy activists in jail

On April 5, 2007, US congresswoman Loretta Sanchez invited the wife and mother of democracy activists to the residence of US Ambassador in Hanoi, Mr. Marine, for tea. The two women were prevented by the police from getting into the house. Ambassador Marine said that he saw some 15 policemen who surrounded the two women at the entrance gate and forced them to leave the area, shouting at them, and pulling them away. The Ambassador has to intervene and then advises the women to go home. They are Mrs. Vu Thuy Ha, wife of Dr. Pham Hong Son, and Mrs. Bui Thi Kim Ngan, wife journalist Nguyen Vu Binh.

Ambassador Marine also said that the police did not to allow the mother of lawyer Le Thi Cong Nhan and the wives of lawyer Le Quoc Quan and Nguyen Van Dai (who were equally invited) to leave their home.

Case 6: Arrest and detention of organizers of the demonstration on September 14, 2008

To repress the demonstration of students on September 14, 2008 in front of the Chinese Embassy in Hanoi on the occasion of its press conference to reassert that "the Paracel and Spratley Islands groups belong to China", the police detain the students suspected for calling and organising the demonstration such as Ngo Quynh (arrested on September 10, 2008), Do Duy Thong in Thuong Tin, Hanoi (arrested at 10h on September 13, 2008), Bui Van Toan (arrested at 8h on September 14, 2008 at pension houses Bala - Bong Do, Ha Dong and Hanoi.

At many universities in Hanoi, the administration announced that students participating in the demonstration would be expelled. Students – members of the Communist Youth Union, were sent to 46 Hoang Dieu street to identify their fellow students. At the same time, security measures were reinforced at the universities to increase the repressing atmosphere and terrorize the students.

Nguyen Thuong Long, a teacher in Hanoi, was forbidden by the police to go out of his home. Another teacher, Tran Duc Thach, was interrogated in his home. Vu Hung was detained by the police and personally interrogated Brigadier-Gen. Hoang Cong Tu, chef of the General Security Agency.

Case 7: Preventing Rafto Delegation from visiting Venerable Thích Quang Độ
The police intercepted Mrs. Therese Jebsen and two other members of Rafto Association on March 15, 2007 at the Thanh Minh Monastery to prevent them from visiting Venerable Thich Quang Do.

Case 8: Suppression of victims of injustice “Dan Oan” calling for justice

In the past decades the state, officials and communist party members have confiscated houses, gardens, fields and other properties of millions of people turning them into homeless and unemployed persons. Hundreds of thousand of them have been suing for compensation at all levels, from precinct to central authorities since decades without any result. The largest demonstration of about 1000 Dan Oan in front of Office II of the Government from mid-June 2007 to mid-July 2007 was violently dispersed on July 18, 2007 by the police using teargas grenades. Some desperate claimants burnt themself to warn the authorities and the world’s conscience. Here are 2 cases:

1/ In her suicide note of the October 26, 2005, writes Mrs. Pham Thi Loc, a victim of the law crisis in Vietnam: "I am ready to burn myself as a torch in front of the flagpole of Ba Dinh, Hanoi (Ho Chi Minh’s mausoleum), so that the domestic and international public will understand how serious the Vietnamese people are denied all human rights.”

2 / Mrs. Pham Thi Trung Thu burnt herself for being unjustly sentenced. Her house was confiscated and her husband is deceased. "Such a life is the same as death. I would rather die so that the Communist Party and the State understand that there are desperate people with no way out, all because some other people abuse power in the name of the Party and State and commit wrongdoings.” September 29, 2005.

There are countless other violations like cases against Lawyer Le Thi Cong Nhan, Engineer Do Nam Hai, Lawyer Nguyen Van Dai, Nguyen Thi Chuyen (in An Ngai), Mrs. NE (in Tay), Pham Ngoc Thinh (in Phu Le), Mr. Nhan (in Phu Ngai), Mr. Cat (in Tan Xuan), Mr. Loc (in Phu Ngai), Mrs. Chanh (in Phu Ngai), Mr. Huynh Quang Truy and Mrs. Hong (in Thuy An), Mr. Dung (An Hoa Tay), Tran Thi Dung (Vietnam Hoa), Nguyen Van Nhon (Long Hung of Chau Thanh), Nguyen Ngoc Nhuan (Phu Dong of Gò Cong Dong), Nguyen Van Trinh (Thanh Phu The of Go Cong Tay), Tran Thi The (Go Cong Tay), Thi Quyt (Phu Dong), Mrs. Sau Cut (Tan Thanh, Cai Be), Nguyen Van Kinh (Long Dinh, Thanh Chau), Cao Que Hoa, Nguyen Van Chinh, Vo Thi Thu Ba (a 84-year-old woman in Cai Lay), Le Thi Nguyet (arrested), Duong Thi Thu Van (Tan Hiep, Tan Hiep), Nguyen Thi UT (My Thuan, Hon Dat), Do Thi Tu (in Hiep Son), Tran Xuan Tien (Tan Hiep town), Huynh Van Quanh (in My Hiep Son of Hon Dat), Duong Thi No, Do Thi Tu (a 78-year-old woman in My Lam, Hon Dat), Lu thi Duyen, Lu Thi Thu Trang ...
And it would be possible to list thousands other violations, if freedom of speech, freedom of the press were respected in Vietnam.

4. Violations of election freedom, freedom of democratic participation
4.1. Rights to vote, freedom of democratic participate in the law of Communist Vietnam

4.1.1. Law of the Vietnam Fatherland Front
Unlike other countries, the law of the Socialist Republic of Vietnam requires that every candidate to any public post of all levels be recommended by an organization called the Vietnam Fatherland Front (VFF). This organization must comply with the law including 4 chapters and 18 articles adopted by the 10th National Assembly on 12 June 1999. Under this law, the Fatherland Front of SRV is a conglomeration of political organizations, socio-political and social organizations, ethnic goups and religions organizations, all social strata and individual Vietnamese in Vietnam as well as abroad under the leadership of the Communist Party of Vietnam.

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