Appendix A: Indictment of the Five Monks [266]
Socialist Republic of Vietnam
Independence -- Liberty -- Happiness
People's Supreme Procuracy
People's Procuracy of Soc Trang Province
File No. 27/KSDT-TA
April 20, 2007
INDICTMENT
The Procurator of the Soc Trang Province People's Procuracy
In accordance with the following:
- Articles 36, 166 and 167 of the Code of Criminal Procedure
- Decision to Prosecute (DP) the criminal case of February 9, 2007 submitted by the Soc Trang Province Police Investigative Unit on grounds of "causing public disorder," as stipulated in Article 245 of the Criminal Code.
- DPs 34, 35 and 36 of February 23, 2007, DP 37 of February 26, 2007 and DP 38 of March 2, 2007, submitted by the Soc Trang Province Police Investigative Unit, against [defendants] Kim Muol, Ly Suong, Thach Thuong, Danh Tol, and Ly Hoang for "having caused public disorder," as stipulated in Article 245 of the Criminal Code.
On the basis of the following, as confirmed by the police investigation:
Defendants Kim Muol, Danh Tol, Ly Hoang, Thach Xuan Hien (formerly an adherent of the Pali Literacy Improvement Middle School,[267] Soc Trang Municipality), Ly Suong, Thach Thuong (formerly a Buddhist monk at Nuoc Man Temple, Long Phu) and Tang Thuy (a Honda motorbike driver).
Around 10:30 a.m., on February 8, 2007, the Soc Trang Municipality traffic police spotted, while on routine patrols, a Honda licensed No. 83F4-7896 carrying a [Buddhist] adherent of the Pali Literacy Improvement School who was collecting alms. Because the driver did not have civilian liability coverage and a driver's license, as required by law, traffic police gave him a citation and temporarily impounded his Honda. Although the police did not question the monk who was riding [as a passenger on the motorcycle] a number of adherents gathering in front of Khleang Temple took advantage of this incident to falsely accuse the police of preventing them from doing going out to collect alms, and afterwards organized a rally in front of the municipal police station. At this time, Danh Tol and Ly Hoang, already out collecting alms, upon being informed of the rally, decided to join in.
Approximately 12 noon of the same day, Danh Tol and Ly Hoang incited over 100 adherents from the Pali school to stage a riot in front of the Soc Trang Province police station. They finally stormed the building, blocked street traffic, and shouted fervently, creating a traffic jam and chaos in the entire area, disturbing routine activities of the Soc Trang Municipal Police and other surrounding government agencies such as the Soc Trang Province Police Administrative Office, the Soc Trang Province Police Investigative Office, the Soc Trang Municipal People's Procuracy, as well as seriously disrupting economic activities of the area's residents.
Around 8 a.m. of the same day, Kim Muol, together with Thach Xuan Hien, incited other adherents who were having classes, such as Thach Do, Dao Chanh Ro Da, Thach Minh, Son Ha, to gather at Nuoc Man Temple, Long Phu, where he contacted monks Ly Suong and Thach Thuong and others. Around 12 noon, while having lunch with the monks he received a telephone call from Trieu Minh Phu, an adherent participating in the rally at the Soc Trang municipal police building, who said that "Soc Trang monks have been prevented by traffic police from doing their going out to collect alms , so they are going to the municipal police building instead" and that "Kim Muol is urged to join." Having finished the call, he incited the Nuoc Man Temple monks to head for a disturbance in Soc Trang. Kim Muol, riding on Tang Thuy's Honda, led a group of 30 monks, also taking rides on Honda motorbikes, to Soc Trang Municipality. Having noticed no one on the premises of Khleang Temple Kim Muol telephoned Phu and was told that "it is over at the Soc Trang Municipal Police station." Kim Muol and the monks headed for the Soc Trang police building to join the Pali school adherents. Tang Thuy passionately joined the monks and adherents in their shouting while Kim Muol was running in and out of the police building to instigate the loud protest of the crowd. Thach Xuan Hien. Ly Suong and Thach Thuong did the same thing, running around to inflame the riot. During the riot, Kim Muol seemed to receive directions over his phone to turn up the volume of his mobile phone so that everyone could hear them shouting noisily while Ly Suong was spotted making telephone calls. With Thach Xuan Hien and Thach Thuong taking pictures, and other monks and adherents talking on their mobile phones, videotaping, and taking pictures, public disorder in the area worsened by creation of a large traffic jam and an expanding crowd of spectators.
Mr. Son Phuoc Quang, executive head of the Mekong Delta Nationalities Committee, was sent to explain about the situation, but he was cursed at in Khmer by Thach Thuong.
At 2:30 p.m. on the same day, the Most Venerable Duong Nhon, chairman of the Soc Trang Solidarity Association of Patriotic Buddhist Monks and principal of the Pali Literacy Improvement Middle School, the Most Venerable Tang No, vice principal of the Pali school, and Lam Ren, chairman of the Soc Trang Province Religious Affairs Committee, as well as other units and offices showed up to plead with the protesting monks and adherents to return to their school. When the government representatives came back at 4 p.m. all [the monks and adherants] had walked home.
Because of their above wrongdoing Danh Tol, Kim Muol, Ly Suong, Thach Thuong, Ly Hoang and Thach Xuan Hien were either suspended from school or disrobed by the Soc Trang Solidarity Association of Patriotic Buddhist Monks.
During the police investigation all the defendants have made sincere declarations and fully admitted to their criminal acts.
As far as Thach Xuan Hien and Tang Thuy are concerned, they fled their localities and went into hiding after committing their crimes. The police investigative unit has issued arrest warrants and decisions to prosecute the two and will put them, once arrested, on a separate trial.
With reference to defendants Danh Bo Pha, Trieu Minh Phu, Thach Do, Dao Chanh Do Ra, Thach Minh, and Son Ha, the school will soon take appropriate action against them, considering their limited involvement in the riot.
It is concluded that:
Defendants Danh Tol, Kim Muol, Ly Suong, Thach Thuong and Ly Hoang have taken advantage of a traffic violation in which traffic police temporarily confiscated a Honda motorbike used by a driver to transport riders without satisfying licensing requirements,[268] falsely accusing the traffic police of prohibiting Buddhist monks from collecting alms with the aim of instigating a protest rally in front of the Soc Trang municipal police station. As a result of their shouting, waving and clasping hands, the riot created traffic chaos in the entire area, disturbing the routine activities of state agencies and economic activities of the people in public places, as well as directly violating public order, the civilized way of life, and socialist behavior.
In this case, defendant Danh Tol has been charged with fervently instigating the riot of Buddhist monks and adherents; Kim Muol, upon receiving news of the disturbance in the Soc Trang Municipality, also eagerly incited other monks from Long Phu to join the disturbance in the municipality, worsening the public order situation; Ly Suong and Thach Thuong have demonstrated the words and behaviors of active accomplices. With regard to Ly Hoang, he directed the riot movements and contributed to severely causing public disorder by provoking the protesting monks and adherents to shout and make noise. Therefore, their criminal behaviors are considered dangerous to society and must be seriously tried before the court of law with the aim of educational deterrence and prevention for the entire society.
It is therefore decided that the defendants whose identities are specified below have committed the following crimes:
- Full name: Danh Tol, born 1981, male
- Permanent household registry: Ba Rong hamlet, Ngan Dua town, Hong Dan district, Bac Lieu Province
- Citizenship: Vietnam; ethnicity: Khmer; religion: Buddhist
- Occupation: former monk
- Educational background: 12/12 years of schooling
- Father: Danh Nhal, born 1949
- Mother: Thi On, born 1951
- Both father and mother are farmers and reside in defendant's household.
- Number of siblings: 05; defendant is the eldest; youngest is 14
- Previous criminal records (convictions / misdemeanors): None
- Temporary detention: February 26, 2007 to date.
- Full name: Kim Muol; born July 18, 1985; male
- A.k.a.: Miet
- Permanent household registry: Tra Set hamlet, Vinh Hai village, Vinh Chau district, Soc Trang Province
- Citizenship: Vietnam; ethnicity: Khmer; religion: Buddhist
- Occupation: former monk
- Educational background: 12/12 years of schooling
- Father: Kim Uol, born 1960; occupation: plowman; resides in defendant's household
- Mother: Tran Thi Vet, born 1956; occupation: housewife; resides in defendant's household
- Number of siblings: 05; defendant is the eldest; youngest is 13
- Previous criminal records (convictions / misdemeanors): None
- Temporary detention: February 23, 2007 to date.
- Full name: Ly Suong, born 1975; male
- A.k.a.: Ly Thuol
- Permanent household registry: Hamlet 5, Long Phu town, Long Phu district, Soc Trang Province
- Citizenship: Vietnam; ethnicity: Khmer; religion: Buddhist
- Occupation: former monk
- Educational background: 11/12 years of schooling
- Father: Ly Dal, born 1931, monk at Nuoc Man Temple
- Mother: Vuong Thi Tu, born 1932; domicile: Khoang Trang hamlet, Long Phu town, Long Phu district, Soc Trang Province.
- Number of siblings: 05; the eldest is 49; defendant is the youngest.
- Previous criminal records (convictions / misdemeanors): None
- Temporary detention: February 23, 2007 to date.
- Full name: Thach Thuong, born 1982; male
- A.k.a.: Thach Suong, Huynh Suong
- Permanent household registry: Ba Rong hamlet, Long Phu village, Long Phu district, Soc Trang Province
- Citizenship: Vietnam; ethnicity: Khmer; religion: Buddhist
- Occupation: former monk
- Educational background: 1/12 years of schooling
- Father: Thach Kret, born 1946; occupation: farmer; resides in defendant's household.
- Mother: Huynh Thi The, born 1932; occupation: laborer; resides in defendant's household.
- Number of siblings: 03; the eldest is 28, youngest 19.
- Previous criminal records (convictions / misdemeanors): None
- Temporary detention: February 23, 2007 to date.
- Full name: Ly Hoang, born January 27, 1986; Male
- A.k.a.: Ral
- Permanent household registry: 260B, Ton Duc Thang Street, Subward 3, Ward 5, Soc Trang City, Soc Trang Province.
- Citizenship: Vietnam; ethnicity: Khmer; religion: Buddhist
- Occupation: former monk
- Educational background: 11/12 years of schooling
- Father: Ly Chiem, born 1947 (deceased)
- Mother: Dinh Thi Khanh, born 1957; occupation: farmer; resides in defendant's household.
- Number of siblings: 05; the eldest is 33, youngest 18
- Previous criminal records (convictions / misdemeanors): None
- Preventive measure: prohibited to leave home since March 2, 2007
Defendants Danh Tol, Kim Muol, Ly Suong, Thach Thuong and Ly Hoang have been charged with "causing public disorder" for having brought the traffic and activities in public places to a standstill, as well as having incited people to cause disturbances in violation of Paragraphs 2.c and 2.d, Article 245 of the Criminal Code.
Article 245: Causing public disorder
1. Those who foment public disorder, causing serious consequences or who have been already administratively sanctioned for such act or sentenced for such offense, not yet entitled to criminal record remission but continue to commit such acts, shall be sentenced to a fine of between one million dong and ten million dong, non-custodial reform for up to two years or between three months and two years of imprisonment.
2. Committing the offense in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) Using weapons or committing acts of vandalism;
b) In an organized manner;
c) Causing serious obstruction to traffic or cessation of public activities;
d) Inciting other persons to cause disorder;
e) Assaulting persons who intervene to keep the public order;
f) Dangerous recidivism.
It is decided that:
Defendants Danh Tol, Kim Muol, Ly Suong, Thach Thuong, and Ly Hoang are hereby prosecuted and put on trial by the People's Court of Soc Trang Province for having "caused public disorder," in accordance with Paragraphs 2.c and 2.d, Article 245 of the afore-mentioned Criminal Code.
This Indictment is in lieu of Indictment No. 23 of April 2, 2007.
Attachments:
§Case docket consisting of 408 pages, numbered 1 to 408 For the Procurator
§List of Court witnesses Dinh Gia Hung
§List of material evidences. Signed & Sealed
Distribution list
§Service 1A, Service 2, People's Supreme Procuracy
§Ho Chi Minh City's PT3, People's Procuracy
§Police Investigative Unit, Preliminary Sentence Police
§Case files
§PP files
§Defendants
§Archives
§On-Duty Unit / CT 245