May 26, 2011

Appendix C: Indictment of Dr. Vu

[Published on Dan Luan [185] on January 31, 2011]

The Hanoi People’s Procuracy

Socialist Republic of Vietnam

No. 18/CT-VKS-P2

Independence-Freedom-Happiness

 

Hanoi, December 17, 2010

INDICTMENT

Chief Procurator, Hanoi People’s Procuracy

  • Based on articles numbers 36, 166, 167 of the Criminal Procedure Code.
  • Based on the Decision to prosecute the criminal case No. 12/ANDT dated November 9, 2010 by the Security Investigation Agency of the Ministry of Public Security against the crime of propagandizing against the state of the Socialist Republic of Vietnam, stipulated in Article 88 of the Penal Code.
  • Based on the Decision No. 01/KSDT – V2 dated November 11, 2010, by the Supreme People’s Procuracy, to hand over the case “Cu Huy Ha Vu committed the crime of propagandizing against the state of the Socialist Republic of Vietnam” to the Security Investigation Agency under the Hanoi Municipal Department of Public Security to conduct an investigation in accordance with their authority.
  • Based on the decision to prosecute the accused No. 65 dated November 12, 2010 of the Security Investigation Agency, under the Hanoi Municipal Department of Public Security against Cu Huy Ha Vu for the crime of propagandizing against the state of the Socialist Republic of Vietnam, stipulated in Article 88 of the Penal Code.

Based on the investigation results, concludes the following:

On October 21, 2010, the Department of Information and Communications of Hanoi sent an official correspondence to the Hanoi Municipal Department of Public Security, requesting to conduct an investigation to follow up on findings that an individual self-claimed to be Cu Huy Ha Vu had given interviews on the Internet, whose contents called for the elimination of the leading role of the Vietnamese Communist Party, the removal of Article 4 of the Constitution of the Socialist Republic of Vietnam, and a multi-party, plural political system; and which distorted the course of resistance by the Vietnamese people against the invading US imperialists.

At 12:05 a.m. on November 5, 2010, after receiving a public tipoff regarding activities of prostitution and drug use taking place in room No. 101 of the Mach Lam hotel, located at No. 10, Street 28, Ward 11, District 6, Ho Chi Minh City, the public security forces of Ward 11, District 6, Ho Chi Minh City conducted an administrative inspection and found a couple inside the room without a marriage certificate. A check of their personal identification papers confirmed the two were Cu Huy Ha Vu and Ho Le Nhu Quynh. Cu Huy Ha Vu’s belongings were inspected and found to consist of 212,231,000 dong; 1 laptop and 2 USBs. The ward public security officers took both subjects to the station for further clarification.

At the ward’s Public Security station, inspection of Cu Huy Ha Vu’s laptop and his two USBs revealed that they contained 40 documents, some written or responded to in interviews by Vu himself, whose contents called for the elimination of the leading role of the Vietnamese Communist Party, the removal of Article 4 of the Constitution of the Socialist Republic of Vietnam, and a multi-party, plural political system; and which distorted the course of resistance by the Vietnamese people against the invading US imperialists. Public Security officers of Ward 11 reported and transferred the whole case file to the Security Investigation Agency of the Ministry of Public Security for processing.

Based on the above-mentioned initial findings, on November 5, 2010, the Security Investigation Agency of the Ministry of Public Security conducted a search at Cu Huy Ha Vu’s residence located at 24 Dien Bien Phu road, Ba Dinh district, Hanoi and seized numerous documents, including those with the content against the state of the Socialist Republic of Vietnam. As a result, on November 5, 2010, the Security Investigation Agency of the Ministry of Public Security issued the decision of detention; on November 9, 2010, issued the decision to prosecute the case; on November 11, 2010, the Supreme People’s Procuracy issued the decision to hand over the case to the Security Investigation Agency of Hanoi Municipal Department of Public Security for investigation, in accordance with its authority, and on November 12, 2010, the Security Investigation Agency of Hanoi Municipal Department of Public Security issued the decision to prosecute Cu Huy Ha Vu for propagandizing against the state of the Socialist Republic of Vietnam for further investigation (Case Document numbers 51, 52, 53, 54, 82, 83, 84, 90, 91, 92, 122, 123).

At the Investigation Agency, Cu Huy Ha Vu acknowledged that: among the seized documents, there are essays he wrote and interviews that were conducted by Voice of America (VOA) and Radio Free Asia (RFA), having the content of calling for a multi-party, plural political system and the removal of Article 4 of the Constitution; and other reference material Vu gathered from the Internet to use for his writing. As for the given interviews, the foreign-based reporters contacted Vu by phone and informed him of the queries so that Vu could prepare his response in advance, then the interview was conducted. Before release on the Internet, the reporter sent the interview content for Vu’s approval. After that, Vu re-typed the content of the interviews and saved them on his laptop. Vu’s writings that were stored at his home and published on the Internet through the website “Bauxite Vietnam” include:

  • The interview, “A Multi-party System is a Prerequisite for Preventing Abuse of Authority,” which Vu gave to Radio Free Asia (RFA) on February 1, 2010,[186] during which he distorted and slandered the government with words such as: “at present, in Vietnam, the budget is being used in a careless manner, and large sums from the state budget are even being used for Mafia-type affairs.… In order to take disciplinary measures against these broad-day-light robbers, I, Cu Huy Ha Vu, confirm: The only way is to have a multi-party system in Vietnam,” (Case Document numbers 141, 148, 227 to 237, 255).
  • The interview, “The Vietnam War and the Day of April 30 in the Eyes of Dr. Cu Huy Ha Vu,” which Vu gave to VOA on April 29, 2010,[187]distorting the resistance against the invading US imperialists with words such as: “...In short, to maintain the leadership of the Vietnamese Communist Party over the country is nothing other than serving the illegal interests of a small group inside the Vietnamese Communist Party, which goes against the interests of the majority of the people, including millions of Communist Party members, and therefore should not be prolonged any further. By the way, I am once again beckoning the leaders of the Vietnamese Communist Party to promptly apply a multi-party system in Vietnam, otherwise, national integration and national conciliation will become national deception, with its foreseeable negative consequences...” (Case Document numbers140, 141, 170 to 174, 238 to 242, 260 to 269, 909 to 915, 1144 to 1147).
  • The interview, “Dr. Cu Huy Ha Vu - from Suing the Prime Minister to Requesting Removal of  Article 4 of the Constitution,” which Vu gave to VOA around June 2010[188], calling for the elimination of the leading role of the Vietnamese Communist Party, and the removal of Article 4 of the Constitution with words such as: “…is definitely a false claim of the Vietnamese Communist Party, but not resulting from an election, hence is certainly not ‘officially entitled’. Once the Party is without a ‘de jure entitlement’, it cannot be the leader of anyone.” Vu confirms: “In short, article 4 of the Constitution is entirely inappropriate and therefore needs to be removed...” (Case Document numbers 139, 140, 148, 164 to 167, 213 to 226, 277 to 286, 333 to 342, 654 to 675, 696 to 702, 744 to 753, 1148 to 1152).
  • The interview, “Petition to Free all Ex-military and Civilian Officials of the Former Republic of Vietnam, using ‘Vietnam’ as the Country Title for National Reconciliation,” given by Vu to RFA on August 31, 2010, and simultaneously published on the webpage “Bauxite Vietnam.” Vu distorted the truth on the national liberation resistance, criticizing the state of the Socialist Republic of Vietnam for causing national resentment and disunity with words such as: “ ...Regretfully, the leadership of the state of a unified Vietnam has failed to do so, but has adversely – to speak the truth – added salt to the unhealed war-inflicted wounds  by incarcerating for re-education hundreds of thousands of military and civil personnel of the Republic of Vietnam for years … pushing not a small number of Vietnamese who belonged to the former regime into the whirlwind of resentment, causing some to turn to opposing the new regime and subsequently being charged with violating national security.” (Case Document numbers 138, 139, 148, 156, 157, 158, 303, 304, 329 to 331, 431 to 460).[189]
  • Interview with Cu Huy Ha Vu, conducted by reporter Tram Oanh in October 2010 with the content of propagandizing, distorting against Marxism-Leninism, calling for elimination of the leadership role of the Vietnamese Communist Party, with words such as: “...the present authority, under the leadership of the VCP is becoming more and more corrupt...”, “...The eleventh Party Congress is the last one of the VCP...” (Case Document numbers 142, 198 to 201, 255).
  • Three Un-separate Branches’ Conspire to Harm the People,”[190] written by Vu and forwarded to the webpage “Bauxite Vietnam,” having the content of propagandizing, distorting and slandering the authorities and regime of the state of the SRV with words such as: “...Hence the government, the court and the National Assembly, all executive, judiciary and legislative branches conspire to harm the people, [which is] a 180 degree opposition to the Constitution’s article 2… Who can suggest a solution to save those ‘bee-like, diligent’ civilians from the collective harm of the “three non-independent branches;” in other words, the “three un-separate branches” in Vietnam... ” (Case Document numbers 149, 243 to 248, 461 to 464).
  • The essay, “The Case in which Ms. Tran Khai Thanh Thuy ‘Deliberately Injures Others’; Signs of ‘Entrapment to Commit Crime,’” written by Vu after some newspapers reported the arrest of Tran Khai Thanh Thuy and Do Ba Tan; having the content of distorting and slandering the authorities in the arrest and investigation against Tran Khai Thanh Thuy for deliberately injuring others, with words such as: “...only through the ‘one-sided’ source of information provided by the Dong Da district’s Public Security police to the state media, the case of Ms. Tran Khai Thanh Thuy ‘deliberately injured others’ shows clear signs of inciting or entrapping others to commit a crime, conducted by the criminal enforcement agency itself.” (Case Document numbers 141, 208 to 212).
  • The interview, “The North-South High Speed Train – A Project of Corruption,” given by Vu to Radio VOA in 2010, but because the content had not been approved by Vu, it therefore has not yet been broadcast by VOA. This document was stored by Vu in his laptop and USB. Its content slandered the government as implementing the project merely for the purpose of corruption, with words such as: “ ... however, in terms of corruption, there is a clear distinction between these two governments: the Saigon administration only embezzled non-refundable aid, in another word free gifts from the USA, while the communist government “bites” right into the Vietnamese people’s property, taking the people’s money, land, natural resources and foreign loans, causing future generations to suffer from back-breaking debts.” (Case Document numbers 196, 197, 258, 259).
  • The unfinished essay, “On the Party in Power” which Vu is still writing and has not yet completed. Its content slanders and distorts the leading role of the Vietnamese Communist Party with words such as: “... Is the Vietnamese Communist Party a ruling party or a dictator?... in reality, the Vietnamese political system is a one-party regime or dictatorship” (Case Document numbers 141, 256, 257).
  • The essay, “Thermo-pressure Bomb Explodes in the Center of Ba Dinh,”[191] written by Nguyen Thanh Ty, stored by Vu at his home, with content that distorts the Vietnamese Communist Party and slanders the government. (Case Document numbers 192, 193, 194, 305 to 314).
  • The Security Investigation Agency requested a forensic test of the sound (voice) from the CDs provided by the Hanoi Municipal Department of Information and Communications recording interviews conducted by Tram Oanh – the reporter from a radio station in Germany with a man who claimed to be Dr. Cu Huy Ha Vu. The Criminal Science Institute of the Ministry of Public Security has concluded that it was the voice of Cu Huy Ha Vu. (Case Document number 39)

Based on the gathered documents and evidence, it is concluded that:

The above-mentioned essays and interviews by Cu Huy Ha Vu carry content that propagandizes against the state of the Socialist Republic of Vietnam, distorts the policies and direction of the Party and the government, slanders the state’s authority and regime, distorts the Vietnamese people’s resistance against the invading US imperialists, calls for the elimination of the leading role of the Vietnamese Communist Party, calls for a multi-party and a plural political system and thus facilitating reactionary forces to use them against the state of the Socialist Republic of Vietnam.

As far as Ho Le Nhu Quynh is concerned, considering the acts of Ho Le Nhu Quynh unrelated to the case, the Security Investigation Agency of Hanoi Municipal Department of Public Security has transferred the file to the SIA[192] of Ho Chi Minh City DPS[193] to process in accordance with their authority.

As for other essays and interviews by Cu Huy Ha Vu that have content that violates the interests of the state and citizens, the Security Investigation Agency of Hanoi Municipal Department of Public Security has set those aside for later investigation and handling.

Based on the gathered evidence and materials, it is therefore valid to

CONCLUDE

During the period from 2009 to October 2010, Cu Huy Ha Vu has produced multiple essays and interviews given to foreign radio stations VOA and RFA to circulate on the Internet with the content of propagandizing against the state of the Socialist Republic of Vietnam.

The investigation has identified the background of the accused as follows:

Full Name:

Cu Huy Ha Vu

Born:

On December 2, 1957 in Hanoi

Registered and current residence:

No. 24, Dien Bien Phu Road – Dien Bien Ward – Ba Dinh District –

Hanoi City

Occupation:

Legal consultant

Educational level:

10/10

Nationality:

Vietnamese

Ethnicity:

Kinh

Religion:

None

Father:

Cu Huy Can, born 1919 (deceased)

Mother:

Ngo Thi Xuan Nhu, born 1934 (deceased)

 

His parents have four children, the accused is the eldest child.

Wife:

Nguyen Thi Duong Ha, born 1958, is a lawyer.

 

Having two children, born in 1983 and 1988, both are currently students

Criminal history:

None

Arrested on November 5, 2010

At present the accused is being detained at B14 detention center of the Ministry of Public Security

The aforementioned acts of Cu Huy Ha Vu have committed the crime of propagandizing against the state of the Socialist Republic of Vietnam. The crime description and punishment are stipulated in Article 88, section 1, point c of the Penal Code.

 

Article 88. The crime of propagandizing against the state of the Socialist Republic of Vietnam:

1. Those who commit one of the following acts which aim to oppose the state of the Socialist Republic of Vietnam shall be punished with imprisonment from three to twelve years:

a. Produce, possess, or circulate documents and publications with content opposing the state of the Socialist Republic of Vietnam.

In view of the above, it is:

DECIDED TO

Indict the accused Cu Huy Ha Vu, with the above identification and background before the Hanoi People’s Court for trial with the charge of: Propagandizing against the state of the Socialist Republic of Vietnam, in pursuance to Article 88, section 1, point c of the Penal Code.

Attached to this indictment is the case profile, numbered from 01 to 1299.

The exhibits in this case include: laptop, USB, cell phone, and computer hard drive; currently in custody at the evidence storage facility of the Security Investigation Agency of Hanoi Municipal Department of Public Security.

By Proxy of the Chief Procurator

Deputy Chief

Nguyen Quang Thanh

Sent to:

  • The Supreme People’s Procuracy (Department No.2)
  • The Security Investigation Agency (PA 92), Hanoi Municipal DPS
  • Case file (3 copies)
  • Criminal Procuracy Profile
  • Professional files management bureau – Hanoi Municipal DPS
  • The accused
  • Files at Bureau No. 2.

[185] http://danluan.org/node/6730

[186] http://www.rfa.org/vietnamese/in_depth/Multiparty-can-fight-the-abuse-of-power-%28part%202%29-Tvan-02012010111424.html?searchterm=None%3Cbr%20/%3E

[187] http://www.voanews.com/vietnamese/news/vietnam-war-a-perspective-from-hanoi-4-29-10-92469969.html

[188] http://www.voanews.com/vietnamese/news/vietnam/hanoi-lawyer-vietnam-needs-a-multi-party-system-06-19-2010-96724789.html

[189]This is a mistake. The interview with RFA and the petition are not the same. The petition that Dr. Vu sent to the National Assembly (post-marked August 30, 2010), “Petition to Free All Ex-military and Civilian Officials of the Former Republic of Vietnam, Using ‘Vietnam’ as the Country Title for National Reconciliation” (Kien nghi: Tra tu do cho tat ca tu nhan cuu quan nhan va vien chuc chinh quyen Viet Nam Cong Hoa – Lay “Viet Nam” lam quoc hieu de hoa giai dan toc), was published on Bauxite Vietnam on August 30, 2010. The interview with RFA was conducted the next day. See Mac Lam, “Petition to Give Amnesty to all Civilian Officials of the Republic of Vietnam” (Kien nghi dai xa toan bo vien chuc VNCH), interview with Cu Huy Ha Vu, Radio Free Asia, August 31, 2010, http://www.rfa.org/vietnamese/vietnam/xa-hoi/Dr-Cu-Huy-Ha-Vu-proposes-to-National-Assembly-to-grant-amnesty-for-former-officer-regime-MLam-08312010220823.html?searchterm=None (accessed March 29, 2011). The quote cited in the indictment was not from the interview with RFA.

[190] http://boxitvn.blogspot.com/2010/03/tam-quyen-nhat-lap-ong-long-hai-dan.html

[191] http://nguoivietboston.com/?p=27523

[192] SIA – Security Investigation Agency.

[193] DPS – Department of Public Security.