Mr. Speaker, in light of the Vietnam Human Rights Act of 2007, H.R. 3096, which was debated on the House Floor yesterday, September 17, 2007, and which passed overwhelmingly this afternoon, I would like to include in the record portions of…
Mr. Speaker, in light of the Vietnam Human Rights Act of 2007, H.R. 3096, which was debated on the House Floor yesterday, September 17, 2007, and which passed overwhelmingly this afternoon, I would like to include in the record portions of the trial proceedings for Attorney Nguyen Van Dai and Attorney Le Thi Cong Nhan who are referenced in this legislation. Both individuals were ruthlessly seized by the Government of Vietnam on March 6, 2007, in Vietnam's most recent crackdown on democracy and human rights advocates. The accused each received years of imprisonment after being found guilty of ``disseminating propaganda against the Socialist Republic of Vietnam,'' I urge each and every one of my colleagues to read this chilling account of the Vietnamese justice system.
The Socialist Republic of Vietnam; Independence--Liberty--Happiness
The People's Court of Hanoi City
Preliminary criminal sentence, No. 153/2007/HSST, May 11,
2007. In the name of the Socialist Republic of Vietnam, The
People's Court of Hanoi City. The Preliminary Trial Committee
is composed of:
Presiding Judge: Mr. Nguyen Huu Chinh. People's Jurors: 1.
Mr. Nguyen Thanh Ha, 2. Mrs. Tran Hong Thuy. Court clerk/
recorder: Mrs. Nguyen Thi Huyen, cadre of the People's Court
of Hanoi City, Representative of The Hanoi City People's
Office of Procuracy: 1. Mr. Dinh Trong Nghia, Procurator, 2.
Mr. Dinh Quoc Thai, Procurator.
On May 11, 2007, the following defendants were
preliminarily tried by the People's Court of Hanoi City under
Criminal Docket No. 138/2007/HSST of April 24, 2007:
1. NGUYEN VAN DAI born 1969, in Da Trach, Khoai Chau
District, Hung Yen Province; domiciled at Apartment 302,
House Z8, Back Khoa Communal Building, Bach Khoa Ward, Hai Ba
Trung Precinct, Ha Noi City; occupation at the time of
committing crimes: Head Attorney of the Thien An Law Office;
educational background: Grade 12/12; born of Mr. Nguyen Van
Cap and Mrs. Nguyen Thi Thom; married to Vu Minh Khanh;
arrested and placed under temporary detention since March 6,
2007; is present at the trial.
2. LE THI CONG NHAN: born 1979 in Go Cong Tay, Tien Giang
Province; domiciled at Apartment 48 (currently Apartment
316), House A7, Government Office Employees' Communal
Building, Phuong Mai Ward, Dong Da Precinct, Ha Noi City;
occupation at the time of committing crimes: Staff Attorney
of the Thien An Law Office; educational background: Grade 12/
12; born of Mr. Le Minh Duc and Mrs. Tran Thi Le; arrested
and placed under temporary detention since March 6, 2007; is
present at the trial.
Defendant Nguyen Van Dai's trial attorneys: Mr. Tran Lam,
Hai Phong City Lawyers Bar (in attendance), Mr. Dam Van Hieu,
Attorney, Thong Nhat Law Office, Ha Noi City Lawyers Bar (in
attendance), Defendant Le Thi Cong Nhan's trial attorney, Mr.
Tran Lam, Hai Phong City Lawyers' Bar (in attendance).
BE IT JUDGED THAT: 1. Relative to defendant Nguyen Van Dai.
At both the investigative offices and the trial, defendant
Nguyen Van Dai admitted that he had written a number of
articles, e.g. ``Freedom to Form a [Political] Party'' and
``Vietnamese People Have the Ability to Build a Multi-Party
System''. The defendants had distributed these articles
through the media of reactionary Vietnamese organizations
overseas, and participated in interviews via the Internet
with overseas anti-socialist elements. The contents of
these articles were meant to smear and degrade the leading
role of the VCP. He maintained that under current
circumstances, because the VCP did not have enough ability
to lead the Revolution Vietnam is in dire need of a change
of the ruling party or to a pluralistic, multi-party
system in order to emerge out of poverty.
As provided for in Article 4 of the SVN's Constitution, the
VCP--the vanguard of the worker class and loyal
representative serving the interests of the worker class and
the working people--is the leading force of the State and
society. That positively affirms that since the VCP is the
only preferred leader of the Vietnam Revolution all other
political parties and their activities are in fact in non-
compliance and illegal. Because of the fact that the
defendant is the one who drafted the ``Bylaws'' of the
Democratic Party and supported the platforms of Hoang Minh
Chinh's Democratic Party, and that he has also written a
number of articles, criticizing the VCP and advocating a
pluralistic and multi-party regime, Dai has obviously
committed a serious violation of the Constitution and laws of
Vietnam.
Based on the admissible evidences and Dai's own admissions
at the trial, from the time when the Thien An Law Office was
founded to his arrest, Dai had never served as a trial lawyer
and acted according to his duties, as specified in his
professional license. Instead, he had made contacts and
exchanged information regarding democracy and human rights
with a number of political opportunists who acted in
opposition to the VCP and against the SRV. The defendant had
joined and enthusiastically supported the platforms of the
so-called Vietnam Progression Party (VPP) and Bloc 8406, a
[political] organization founded illegally by Nguyen Van Ly
in Vietnam. The defendant had conferred and concurred with
Nguyen Van Ly on the platform of the VPP, as well as visited
Ho Chi Minh City to engage a number of Do Nam Hai's
supporters in various efforts to support both Bloc 8406 and
the VPP.
The defendant was also a member of the ``Independent Trade
Union''. He admitted to his contacts with such overseas
individuals as Nguyen Dinh Thang, Vu Quoc Dung, Tran Ngoc
Thanh, etc., which focused on ``democracy and human rights
issues''. However, seized documents and evidences have
attested to the intentions of these exiled Vietnamese who are
fiercely opposed to the State. The defendant's contacts with
these subjects have gone beyond the discussion of democracy
and human rights issues, and they have in fact intended to
form a number of organizations and political parties in
opposition to the VCP and the SRV. According to witness Tran
Van Hoa's statements, on September 2006 defendant Dai asked
the former to come to Hanoi so that they could together make
a trip to China, where they planned to meet with Tran Ngoc
Thanh, an overseas Vietnamese in Poland to discuss the
founding of the ``so-called'' Independent Trade Union.
Having searched the Thien An Law Office headed by Nguyen
Van Dai, and the residence of Nguyen Van Dai, the
investigative authorities seized numerous documents, among
which there were 121 stacks of documents. Some documents
containing contents of extremely reactionary nature are meant
to twist the facts about the VCP, and to smear the honor and
tarnish the reputations of the Party, President Ho Chi Minh
and the top leaderships of the Party and the State, e.g. a
document titled ``The Vietnamese Communist Party is Bad
Karma,'' and ``The Secrets of the New Vietnamese Prime
Minister.'' Another 475-page document, authored by a ``Quoc-
Quoc,'' is full of distortions with regard to the history of
the revolutionary struggle, the policies of the VCP and the
State throughout the different stages of the Revolution, as
well as blemishes and badmouthing against the high-ranking
officials and top cadres of the Party.
The document, titled ``Diary of a Victim of Injustice,''
contains the slants and distortions of facts, and false
allegations that the government and police brutally repressed
legal complainants. In addition, the authorities also
captured many documents written by other anti-State political
opportunists, notably ``Democracy and Human Rights in VN''
and ``Eternal Aspirations,'' authored by Nguyen Thanh Giang.
Scores of other documents and publications circulated by
overseas Vietnamese organizations include the bi-monthly ``Tu
Do Ngon Luan,'' (Freedom of Speech) the ``To Quoc''
(Fatherland) magazine, the ``Tu Do Dan Chu'' (Freedom &
Democracy) newsletter, the Bloc 8406-proclaimed ``The
Declaration of Freedom and Democracy for Vietnam''. Being
very reactionary in content, these documents are full of
distortions of the current realities of Vietnam and
allegations that all the inalienable rights of the Vietnamese
people are being brutally trampled upon and the contentions
that their goal is to struggle for a change of regime in
Vietnam.
At the trial, the defendant admitted to having contacts and
Internet direct-linked interviews with foreign newspapers and
radio stations regarding the issues of democracy and human
rights in Vietnam. However, documented evidences have
revealed that during these contacts and interviews the
defendant always provided untruths and distortions regarding
the democracy and human rights situation in Vietnam, and
provocative badmouthing against the socialist regime and the
VCP, and he called for a change of regime as well. At the
same time, he had received other documents calling for a
boycott of the 2007 National Assembly Election. Another
document ``Wear White on the 1st and 15th of the Month in
Support of Democracy,'' a campaign document published by Bloc
8406 proclaiming 10 conditions for a multi-party National
Assembly election. Another Bloc 8406 document initiated the
launching of a boycott of the 2007 One-Party National
Assembly Election.
Nguyen Van Dai held classes regularly at the Thien An law
office to provide propaganda on the subject of Democracy,
Human Dignity and Human Rights. Witnesses Dong Thi Giang,
Khong Van Thanh, Nguyen Ba Truc, and Giap Van Hieu that Dai
had invited to participate in the classes, all affirmed that
during those class lectures both Dai and Nhan had zealously
badmouthed the political and social state of the nation, the
Government of the SRV. Dai had alleged that the SRV does not
respect human rights and has employed torture and violence
against innocent citizens. The defendant, while maintaining
that the ``Party Nominates, Citizen Elects'' election trick
is undemocratic, called for a change of the socialist regime
that would deny the VCP its monopoly of power in order to
achieve social equality.
The defendant's criminal conduct has constituted the crime
of ``disseminating propaganda against the Socialist Republic
of Vietnam,'' as stipulated in Article 88 of the Criminal
Code and determined in the indictment of the Hanoi City
People's Office of Procuracy. :
2. Relative to defendant Le Thi Cong Nhan. At the
investigative offices and at the trial, the defendant
admitted that she was a member of the Vietnam Progression
Party (VPP) and that of Bloc 8406 (founded by Nguyen Van Ly).
Nhan participated as the VPP spokesperson. She indicated that
she had joined the party voluntarily. The Trial Committee is
of the opinion that the purpose of this organization is to
act against the VCP and the SRV in order to drastically
change the political regime of Vietnam. Her organization
appealed for a pluralistic, multi-party system and incited
the people to ``Wear White'' as a demonstration of support
for democracy. As such, the defendant's participation and
support of the VPP's platform is a violation of State laws.
The defendant herself wrote the article, ``The Truth about
the Repeal of Decree 31/CP of April 14, 1997''. The content
of her article indicates that the repeal of this decree was
phony with the intent to misdirect public opinion. In her
interviews, the defendant also commented on Directive 37
issued by the Prime Minister that this directive is
undemocratic as it prohibits freedom of the press. All her
articles contain fabrications, defamations, ridicules, and
attacks on the regime. The defendant maintained that the
Vietnamese political structure is dictatorial, infantile,
and uncivilized. Nhan's articles and documents were
distributed in the form of direct answers to foreign radio
networks such as BBC, RFA (Radio Free Asia), or Internet-
linked interviews with overseas Vietnamese exiles.
In a house search, the investigative authorities have
seized many stacks of documents which had been circulated by
both domestic and overseas political opportunists. These
documents contain bad-intent distortions of the facts and
protests against the current directions and policies of the
Party and the State. They include: appeals to ``boycott the
National Assembly Election of 2007; demands for a
pluralistic, multi-party system, etc.; instructions for the
populace to ``Wear White'' on the first and 15th day of the
month to support democracy in Vietnam; ``Let's Paint a
Portrait of a Free and Democratic Vietnam''; ``How to Fight
Fear'' (written by Nguyen Van Ly); ``The Declaration of
Democracy for Vietnam 2006''; ``The Preliminary Platform of
the Vietnam Progression Party''; ``The Founding of an
Alliance of National Forces for Freedom, Democracy and Human
Rights''; ``Bloc 8406 To Announce 10 Conditions for a Multi-
Party National Assembly Election and How To Boycott This
Election''; ``Bloc 8406 initiating a Campaign to Reject the
Single-Party National Assembly Election of 2007''.
The defendant has also provided her students with
propaganda in her so-called ``Democracy'' course. With great
discontent, she has criticized and smeared our regime,
falsified the history of the People's VCP-led revolutionary
struggle, as well as called for the replacement of the
current VCP by another political party or a pluralistic,
multi-party system.
The defendant's criminal conduct has constituted the crime
of ``disseminating propaganda against the Socialist Republic
of Vietnam,'' as stipulated by Article 88 of the Criminal
Code and charged with in the indictment of the Hanoi City
People's Office of Procuracy.
The crimes both defendants have committed are very severe.
They have taken advantage of their democratic rights and
freedom to produce, possess, and distribute various documents
meant to libel the People's Government and oppose the SRV.
Their conduct is deemed to be dangerous to society. It has
generated bad opinion both in and outside of the country, and
has directly damaged our national security interests, as well
as the benefits and achievements that the Vietnamese people
have made throughout our long struggle for building and
safeguarding the nation. Their conduct has resulted in the
tarnished reputations of the VCP, the socialist regime, and
our leaders among the populace. They, being Vietnamese
citizens, shall have the absolute obligations to abide by the
laws of Vietnam. Consequently, they are to be severely
punished, once found to be in violation, as provided for by
the laws of Vietnam.
Although still at young age and having yet made
contributions to the country, both defendants Nguyen Van Dai
and Le Thi Cong Nhan have committed serious crimes to the
detriment of our national interests and security. They need
to be severely punished before the court of law in order to
appreciate fully the effects of reform, education, and
deterrence. In this case, defendant Nguyen Van Dai has been
found to have actively engaged in carrying out his crimes
although his admissions were not truly sincere, Dai is to
deserve a heavier punishment. Defendant Le Thi Cong Nhan has
also actively committed her crimes. As she was found not to
be fully cooperative in her admission at the investigative
offices and at the trial, she is to be punished according to
the severity of her crimes.
House arrest shall be an additional requirement to their
main punishments, as stipulated by Article 92 of the Criminal
Code.
Evidential material: The investigative authorities have
seized numerous evidences from the Thien An Law Office, as
well as the residences of defendants Nguyen Van Dai and Le
Thi Cong Nhan. It is determined that these evidences were
used as a means to have committed their crimes, and therefore
shall be confiscated and kept in State's depositories. Other
captured evidences, of insignificant values, shall be
destroyed.
For the above-mentioned reasons, BE IT DECIDED THAT:
Verdict: Defendants Nguyen Van Dai and Le Thi Cong Nhan are
guilty of ``disseminating propaganda against the Socialist
Republic of Vietnam''.
Penalty: Nguyen Van Dai is sentenced to 5 (five) years of
imprisonment, effective as of his temporary detention which
began on March 6, 2007.
Penalty: Le Thi Cong Nhan is sentenced to 4 (four) years of
imprisonment, effective as of her temporary detention which
began on March 6, 2007.
Additional penalty: Defendant Nguyen Van Dai is sentenced
to 4 (four) years of house arrest upon completion of his
imprisonment term. Defendant Le Thi Cong Nhan is sentenced to
3 (three) years of house arrest upon completion of her
imprisonment term.
Evidential material: to be confiscated and kept in State
depositories 6 CPUs, 1 flat-screen monitor, 1 desktop
computer (16 inch, make Samsung), 1 digital recorder (make
Digital Live SDR-6404), 1 Card Reader (make QS 034 Ba07), 1
desktop computer cable, 1 notebook (make HP:S/NCND604172F; PN
EP412UA # ABA), 1 scanner (make Canon F915800), 1 modem (make
AR 325W, 6H057-15379), 1 Webcam (Colorvis). Destroyed 2 hard
drive, 1 hard disk (make HD080HJ-PIN 137216FL740777P/ V FS S/
N081KL702016), 1 hard disk (make SP4011N-S/NSO1JJ50YB41562-