V. Use of the Internet in the Case
The internet has played a crucial role in Dr. Vu’s case, both before and after his arrest.
Dr. Vu has used the internet to widely circulate his views on various matters, thus frustrating the authorities’ attempts to keep discussions on sensitive topics behind closed doors. His family and defense lawyers have also used the internet to publicly disseminate information about the measures they are taking to win his release, which in turn has inspired scholars, lawyers, writers, artists, bloggers, doctors, engineers, teachers, businessmen, and commoners in Vietnam – and their overseas supporters - to speak up in his defense. The internet has also served as an organizing and information-sharing tool that has united different socio-political groups and individuals into an unprecedented wave of support for Dr. Vu.
Disseminating Dr. Vu’s Views
Prior to his arrest, many of Dr. Vu’s commentaries, articles, and interviews were published and circulated on the internet. These included his June 2010 denunciation of the alleged role of Lt. Gen. Vu Hai Trieu of the Ministry of Public Security in cyber-attacks against political websites,[28] as well as his August 2009 condemnation of the People’s Court of Da Nang’s decision to compel Maj. Gen. Tran Van Thanh to be brought to court on a hospital stretcher after he suffered a stroke.[29] Even the two lawsuits that he filed against Prime Minister Nguyen Tan Dung were posted online.[30]
The internet’s role in Dr. Vu’s case was highlighted by the Hanoi People’s Procuracy indictment against him, dated December 17, 2010. The narrative section of the indictment begins:
On October 21, 2010, the Department of Information and Communications of Hanoi sent an official letter 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.[31]
According to the indictment, the Hanoi People’s Procuracy prosecuted Dr. Vu in connection with ten documents found on his laptop and at his home, eight of which have been published on the internet. These documents are:
- Two interviews with Radio Free Asia: “A Multi-party System is a Prerequisite for Preventing Abuse of Authority” on February 1, 2010;[32] and “Petition to Free All Ex-military and Civilian Officials of the Former Republic of Vietnam, Using ‘Vietnam’ as the Country Title for National Reconciliation” on August 31, 2010.[33]
- Three interviews with Voice of America: “The Vietnam War and the Day of April 30 in the Eyes of Dr. Cu Huy Ha Vu” on April 29, 2010;[34] and “Dr. Cu Huy Ha Vu - from Suing the Prime Minister to Requesting Removal of Article 4 of the Constitution” in June 2010[35]. The third interview, “The North-South High Speed Train – A Project of Corruption” has not yet been broadcast.[36]
- An interview with journalist Nguyen Thi Tram Oanh from Journalists without Borders, Germany, in October 2010.[37]
- Two essays published on Bauxite Vietnam: “‘Three Un-separate Branches’ Conspire to Harm the People” in March 2010;[38] and “The Case in which Ms. Tran Khai Thanh Thuy ‘Deliberately Injures Others’; Signs of ‘Entrapment to Commit Crime’” [39] in October 2009.
- An unfinished essay, “On the Party in Power.”
- Authorities also indicted him for storing an essay at his home entitled “Thermo-pressure Bomb Exploded in the Center of Ba Dinh,”written by the U.S based author Nguyen Thanh Ty. According to the indictment, the essay “distorts the Vietnamese Communist Party and slanders the government.”[40]
Using these documents as evidence, the authorities indicted Dr. Vu for calling for “the removal of the leadership of the Vietnamese Communist Party” and “the removal of article 4 of the Constitution,” which affirms the leadership of the Vietnamese Communist Party. He was charged for “distorting the truth about the national liberation resistance” by calling for a genuine reconciliation with Vietnamese people who lived in the Republic of Vietnam (commonly referred to as “South Vietnam” prior to 1975). He was also indicted for defaming the government for writing that “...the government, the courts and the National Assembly, all executive, judiciary and legislative branches conspire to harm the people.” [41]
With the exception of an unfinished article and an interview with VOA which has not been aired, the other eight documents listed as evidence in Dr. Vu’s indictment have been published and circulated widely online, some as early as October 2009.[42] The indictment was leaked by an undisclosed source and published on the Dan Luan website on January 31, 2011.
Circulating Information in Dr. Vu’s Defense
Since Dr. Vu’s arrest, numerous applications, allegations, complaints, and requests sent by members of his family have been posted on the Bauxite Vietnam and Dan Luan websites, and re-posted by many others. For example, on November 8, 2010, Dr. Vu’s wife, Nguyen Thi Duong Ha, sent an “Urgent Denunciation” (don to cao khan cap) to the president of Vietnam regarding serious violations that police committed while arresting her husband and searching their house. The document was posted on Bauxite Vietnam the next day.[43]
Similarly, on November 16, 2010, Dr. Vu’s aunt-in-law, Dang Thi Kim Hoan, sent a request to the editor-in-chief of World Security newspaper, Lt. Gen. Huu Uoc of the Ministry of Public Security, demanding that he correct and publicly apologize for publishing erroneous information about her family. The request was posted on Bauxite Vietnam two days later.[44] Even the proposals to President Nguyen Minh Triet and to RFA and VOA to participate in the legal proceedings were published on the internet after they were sent to their intended recipients on December 28, 2010.[45]
Most surprisingly, Dr. Vu managed to send an open letter on January 18, 2011, from B14 Detention Center in Hanoi, to his country fellows that confirmed his long-held belief in the need to adopt a multi-party system.[46] The letter, published by Bauxite Vietnam, has been widely circulated on multiple internet sites. (For a translation, see Appendix D.)[47]
[28] Cu Huy Ha Vu, “A Denunciation and a Call for the Prosecution and Indictment of Lt. Gen. Vu Hai Trieu, deputy director of Security General Department – Ministry of Public Security for the Crimes of ‘activities aiming to overthrow the people’s administration’, ‘to disrupt unity policy’, and ‘to destroy or intentionally damage properties’” (To cao va de nghi khoi to va truy to Trung tuong Vu Hai Trieu, Pho tong cuc truong Tong cuc An ninh – Bo Cong an ve “toi hoat dong nham lat do chinh quyen nhan dan”, “toi pha hoai chinh sach doan ket” va “toi huy hoai hoac co y lam hu hong tai san”), Bauxite Vietnam, June 2, 2010, http://www.boxitvn.net/bai/4862 (accessed March 25, 2011).
[29] Cu Huy Ha Vu, “Bring the Unconscious Maj. Gen. Police Tran Van Thanh to Trial: the Judge of Da Nang Court sets a Record for Human Rights Violations” (Dua tuong cong an Tran Van Thanh hon me ra xet xu: Chanh an Toa Da Nang lap ky luc vi pham nhan quyen). Originally published on Bauxite Vietnam. Republished on Tran Nhuong website, August 1, 2009, http://trannhuong.com/news_detail/2133/%C4%90%C6%B0a-t%C6%B0%E1%BB%9Bng-c%C3%B4ng-an-Tr%E1%BA%A7n-V%C4%83n-Thanh-h%C3%B4n-m%C3%AA-ra-x%C3%A9t-x%E1%BB%AD-Ch%C3%A1nh-%C3%A1n-T%C3%B2a-%C4%90%C3%A0-N%E1%BA%B5ng-l%E1%BA%ADp-k%E1%BB%B7-l%E1%BB%A5c-vi-ph%E1%BA%A1m-nh%C3%A2n-quy%E1%BB%81n (accessed March 14, 2011).
[30]Cu Huy Ha Vu, “A lawsuit against the Prime Minister of the Socialist Republic of Vietnam for illegally issuing Decision 167/2007/QD-TTg dated November 1, 2007 permitting the Plan for partitioning exploration, exploitation, process and usage of bauxite for the period of 2007-2015, with 2025 in mind” (Don khoi kien Thu tuong Chinh phu nuoc CHXHCNVN – Do da ban hanh trai phap luat Quyet dinh so 167/2007/QD-TTg ngay 01/11/2007 phe duyet Quy hoach phan vung tham do, khai thac, che bien, su dung quang bauxite giai doan 2007-2015, co xet den nam 2025), Dan Luan, June 12, 2009, http://danluan.org/node/6944 (accessed March 25, 2011); Cu Huy Ha Vu, “A Lawsuit against Prime Minister Nguyen Tan Dung for issuing a Decree, which Prohibits Citizens from Filing a Collective Petition, against the Law and the Constitution” (Don khoi kien Thu tuong Chinh phu Nguyen Tan Dung ve hanh vi ban hanh nghi dinh cam cong dan khieu nai tap the trai Hien phap va phap luat), Bauxite Vietnam, October 28, 2010, http://boxitvn.blogspot.com/2010/10/on-khoi-kien-thu-tuong-chinh-phu-nguyen.html (accessed November 8, 2010).
[31]The Hanoi People’s Procuracy, “Indictment for the Case Cu Huy Ha Vu Propagandizing against the Socialist Republic of Vietnam” (Cao trang vu an Cu Huy Ha Vu tuyen truyen chong pha Nha nuoc Cong hoa xa hoi chu nghia Viet Nam), Dan Luan, January 31, 2011: http://danluan.org/node/6730 (accessed January 31, 2011).
[32] 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
[33] This is a mistake. The interview with RFA and the petition are two different documents. The petition that Dr. Vu sent to the National Assembly (post-marked August 30, 2010) was published on Bauxite Vietnam on August 30, 2010. The interview with RFA was conducted the next day.
[34] http://www.voanews.com/vietnamese/news/vietnam-war-a-perspective-from-hanoi-4-29-10-92469969.html
[35] http://www.voanews.com/vietnamese/news/vietnam/hanoi-lawyer-vietnam-needs-a-multi-party-system-06-19-2010-96724789.html
[36]Police found the transcript of the unpublished interview on Dr. Vu’s laptop, which had been sent to him for fact-checking prior to it being broadcast. Because of his arrest, the interview was not broadcast.
[37]Cu Huy Ha Vu was interviewed at least six times in October 2010 by Nguyen Thi Tram Oanh; the indictment does not specify any particular interview but only states that it “distorted Marxism-Leninism.”
[38] http://boxitvn.blogspot.com/2010/03/tam-quyen-nhat-lap-ong-long-hai-dan.html
[39] http://danluan.org/node/2917
[40] http://nguoivietboston.com/?p=27523
[41] For a complete translation of the indictment, see Appendix C.
[42] Cu Huy Ha Vu, “‘The Case in which Ms. Tran Khai Thanh Thuy ‘Deliberately Injures Others’; Signs of ‘Rntrapment to Commit Crime’” (Vu ba Tran Khai Thanh Thuy “co y gay thuong tich” va dau hieu “bay nguoi khac pham toi”), originally published on Bauxite Vietnam, reposted on Dan Luan, October 14, 2009, http://danluan.org/node/2917 (accessed March 28, 2011).
[43]Nguyen Thi Duong Ha, “Denunciation filed by Lawyer Nguyen Thi Duong Ha, the wife of Doctor of Law Cu Huy Ha Vu” (Don to cao cua Luat su Nguyen Thi Duong Ha, vo cua Tien si Luat Cu Huy Ha Vu), Bauxite Vietnam, November 9, 2010, http://www.boxitvn.net/bai/13030 (accessed November 8, 2010 – US time).
[44]Dang Thi Kim Hoan, “Request for an Apology and Correction” (Don yeu cau bao xin loi va cai chinh), Bauxite Vietnam, November 18, 2010, http://www.boxitvn.net/bai/13662 (accessed November 18, 2010).
[45]Cu Thi Xuan Bich, “Three documents related to the case of Dr. Cu Huy Ha Vu” (Ba van ban lien quan den vu an Tien si Cu Huy Ha Vu), Bauxite Vietnam, December 30, 2010, http://www.boxitvn.net/bai/15436 (accessed December 31, 2010).
[46]Nguyen Thi Duong Ha, “Doctor of Law Cu Huy Ha Vu Presents his View to his Defense Lawyer” (TS Luat Cu Huy Ha Vu trinh bay ro quan diem cua minh voi cac Luat su bao chua cho ong), Bauxite Vietnam, January 24, 2011, http://www.boxitvn.net/bai/16528 (accessed January 25, 2011).
[47]International groups have also made public statements in support of Dr. Vu, with some disseminating their letters and documents in both English and Vietnamese via the internet. On March 15, the Environmental Defender Law Center (EDLC) published an amicus brief, which was sent to the Hanoi People’s Court on February 24, calling for the immediate and unconditional release of Dr. Vu. EDLC also sent letters to President Nguyen Minh Triet, Prime Minister Nguyen Tan Dung and Le Thi Thu Ba, chair of the National Assembly’s Judicial Committee, “calling their attention to the illegality of the arrest and urging them to take action for the immediate release of Mr. Cu Huy Ha Vu.” Enviromental Defender Law Center, “Amicus Curiae – Human Rights Violations Related to the Arbitrary Detention and Indictment of Cu Huy Ha Vu,” Bauxite Vietnam, March 15, 2011: http://www.boxitvn.net/wp-content/uploads/2011/03/Bai-1c-Cu-Huy-Ha-Vu-Amicus-brief-English-version.pdf, (accessed March 17, 2011); Environmental Defense Law Center, “EDLC Sent Letters to Urge the Vietnamese Government to Immediately Release Cu Huy Ha Vu” (Trung tam Luat Bao ve Moi truong gui thu thuc giuc chinh quyen Viet Nam tha ong Cu Huy Ha Vu ngay lap tuc), Dan Luan, February 28, 2011, http://danluan.org/node/7957 (accessed February 28, 2011). See also: “USCIRF Condemns Detention of Vietnam Human Rights Lawyer, Calls for CPC Designation,” United States Commission on International Religious Freedom, November 18, 2010, http://www.uscirf.gov/news-room/press-releases/3461--uscirf-condemns-detention-of-vietnam-human-rights-lawyer-calls-for-cpc-designation.html (accessed March 16, 2011).