III. Family of Noted Revolutionaries
Cu Huy Ha Vu was born in 1957 to a family of famous revolutionaries. His father, Cu Huy Can, was the former minister of agriculture and farming, former deputy minister of culture, and an influential poet. One of three provisional government representatives sent to accept the resignation of Emperor Bao Dai in August 1945, Cu Huy Can was among the most important members of the communist government in its early days. He was also a member of Vietnam’s first National Assembly, which ratified the 1946 constitution.
Dr. Vu’s mother, Ngo Thi Xuan Nhu, was the younger sister of Xuan Dieu, one of Vietnam’s most famous twentieth century poets. She was also a private nurse in the team of health professionals serving President Ho Chi Minh.
Two of Dr. Vu’s uncles are high-ranking party members. Cu Huy Thuoc is a senior VCP member who has served for 61 years. His other uncle, Cu Huy Chu, was a secretary of the central subcommittee for theories, culture and education under the late Prime Minister Pham Van Dong. He was also a member of the VCP’s Central Committee for Propaganda and Training, and chair of the Faculty of Developing Culture at the Ho Chi Minh National Political Institute.
Dr. Vu’s circle of acquaintances includes the late Prime Minister Vo Van Kiet, former President Le Duc Anh, retired Gen. Vo Nguyen Giap, and former VCP General Secretary Nong Duc Manh.
Dr. Vu and retired Gen. Vo Nguyen Giap, one of Vietnam’s most famous revolutionary heroes and the architect of key military victories during the wars with France and the United States. © Cu Huy Ha Vu and family
Cu Huy Ha Vu earned a Master of Literature degree from Paris VII and a Doctorate in Law at the Sorbonne. He is also an artist whose portraits of Gen. Vo Nguyen Giap have been widely circulated on the internet. He was a member of the Vietnam Fine Arts Associations until the association issued a statement in early 2011 suspending his membership.[16] From 1979 to 2009, Dr. Vu worked at various positions in the Ministry of Foreign Affairs.[17] Although he has a law degree from the Sorbonne, he is not a member of the Hanoi Bar Association, and thus technically not authorized to practice law in Vietnam. [18] However, his wife Nguyen Thi Duong Ha, who is a lawyer and member of the Hanoi Bar Association, established the Cu Huy Ha Vu Law Firm in 2007.
Despite technical limitations on Dr. Vu’s right to practice law, he was able to serve as an attorney in at least one case according to official state media sources. On December 25, 2006, Dr. Vu served as a legal representative in a high-profile case before the Hanoi People’s Court, where he represented literary scholar Nguyen Quang Tuan in a lawsuit regarding copyright infringement. [19] After Dr. Vu filed his first lawsuit against the prime minister in June 11, 2009, the Hanoi Bar Association announced that he was not a member. [20]
In 2010, a district court in Da Nang refused the Cu Huy Ha Vu Law Firm’s request to defend six Catholic villagers from Con Dau Parish who were arrested in May 2010 after clashing with local officials over disputed church properties.
[16]“The Fine Arts Association of Vietnam – One Year of activities and Tasks for the Year 2011” (Hoi My thuat Viet Nam mot nam hoat dong va nhung nhiem vu cong tac nam 2011). Hoi My thuat Viet Nam (The Fine Arts Association of Vietnam), February 1, 2011, http://webcache.googleusercontent.com/search?q=cache:KbZtsbYp6wUJ:www.vietnamfineart.com.vn/printContent.aspx%3FID%3D2737+&cd=1&hl=en&ct=clnk&gl=us&source=encrypted.google.com (accessed March 31, 2011).
[17]Dr. Vu started working for Ministry of Foreign Affairs (MFA) in 1979, and when he went to France to study in 1984 he continued to be an official staff member of the MFA. However, when Dr. Vu returned to Vietnam in 1999, The MFA did not give him a position or actual work to do, and did not pay him a salary. In 2004, Dr. Vu threatened to sue the MFA for failing to assign him duties and not paying him. The MFA then assigned him to be a librarian but he refused to accept the position. The MFA then gave him a research position which did not require him to go to work on a daily basis. On November 19, 2009, after Dr. Vu filed his first lawsuit against Prime Minister Dung, the MFA issued a decision dismissing him from the ministry, and he protested against the decision. However neither he nor his family ever received a copy of any official decision from the MFA regarding his dismissal. Thanh Vi, “What Kind of a Person is Cu Huy Ha Vu?” (Cu Huy Ha Vu la nguoi nhu the nao?), An ninh The gioi (World Security), no. 1010, posted online by Cong an Nhan dan (The People’s Police), November 13, 2010, http://www.cand.com.vn/vi-VN/binhluan/2009/11/139859.cand (accessed November 15, 2011); Human Rights Watch telephone conversations with members of Dr. Vu’s family, March 2011.
[18] According to article 18 of the Law of Lawyers (Luat Luat su 65/2006/QH11, dated June 29, 2006), one cannot practice law if one is a cadre, a government official or employee, a military officer, or a soldier. Up until 2010 Dr. Vu was an employee at the MFA and thus unable to apply to become a lawyer.
[19]“The First Trial in regard to a Copyright Lawsuit related to “The Tale of Kieu” (Lan dau tien xet xu vu kien ban quyen lien quan den truyen Kieu), Viet Bao, December 26, 2006, http://vietbao.vn/Van-hoa/Lan-dau-tien-xet-xu-vu-kien-ban-quyen-lien-quan-den-truyen-Kieu/40179661/181/ (accessed January 31, 2011). Also see, Bich Ngoc, “Is this the Last Episode in the Case Involving Two Scholars of ‘The Tale of Kieu’” (Lieu da la hoi ket cho vu an hai nha Kieu hoc), VnMedia, http://vnmedia.vn/newsdetail.asp?NewsId=93720&Catid=58, reposted in Tin 247, June 15, 2007, http://www.tin247.com/lieu_da_la_hoi_ket_cho_vu_an_hai_nha_kieu_hoc-8-21272748.html (accessed April 18, 2011).
[20]In an official notice dated on June 10, 2009 (a day before Dr. Vu filed his first lawsuit against Prime Minister Dung), Office Chief of the Hanoi Bar Association Vu Van Thang stated that they received a number of phone calls regarding the status of Dr. Vu as a lawyer. In response, the association issued a notice confirming that Dr. Vu is not a lawyer and stating that a number of people assumed Dr. Vu was a lawyer because of the existence of the Cu Huy Ha Vu Law Firm. Despite the fact that the notice was supposed to be issued on June 10, 2009, Dr. Vu claimed that it was posted at least on or after June 11, 2009, since it appeared after notices the association issued on June 11, 2009, not before. In addition, he also accused the Hanoi Bar Association of having no right to publish such a notice about a citizen who had no relationship with them. See Cu Huy Ha Vu, “A Petition regarding the No Number Notice dated June 10, 2009 of the Board of Managers, Hanoi Bar Association, which has Seriously Violated the Name and Prestige of Citizen Cu Huy Ha Vu” (Don Khieu nai v/v Thong bao khong so ngay 10/6/2009 cua Ban Chu nhiem Doan Luat su Thanh pho Ha Noi xam pham nghiem trong danh du, uy tin cua cong dan Cu Huy Ha Vu), Dan Luan, July 2, 2009, http://danluan.org/node/1782 (accessed May 3, 2011). Although the Hanoi Bar Association did not respond to Dr. Vu’s petition, the notice was subsequently taken off the website. For a copy of the notice, see “Cu Huy Ha Vu is Not a Lawyer” (Anh Cu Huy Ha Vu khong phai la mot luat su), website of Cong ty Luat Dragon (a member of the Hanoi Bar Association), http://ngheluatsu.vn/modules.php?name=News&op=viewst&sid=91 (accessed May 3, 2011).