VII. The April 4 Trial
During the three weeks before the trial, Vietnam witnessed an outpouring of popular support for Dr. Vu. Catholic churches in Hanoi and Nam Dinh held vigils attended by thousands of people praying for his freedom. Local religious leaders including Mennonite pastors Than Van Truong and Nguyen Hong Quang, [64] Buddhist monks of the Unified Buddhist Church such as Thich Khong Tanh, [65] and Hoa Hao Buddhist leader Le Quang Liem [66] issued public statements supporting Dr. Vu. Current and former political prisoners including Ha Si Phu, Pham Hong Son, Nguyen Van Dai, and Father Nguyen Van Ly also called for Dr. Vu’s release.
Unprecedented numbers of Vietnamese attended prayer vigils in Hanoi and Nam Dinh in support of Dr Vu before his trial. In Hanoi, more than 5,000 people joined candlelight prayer vigils on April 2 and 3 for Dr. Vu at Thai Ha Redemptorist Church and Ham Long Church. Show above is a vigil at Thai Ha on Sunday, April 3, 2011. © 2011 J.B Nguyen Huu Vinh
Some of Vietnam's most popular in-country bloggers urged people to go to court on the day of the trial or to take a day off work in protest. Wind Merchant's blog provided a detailed map of the area around the court, showing where to park motorbikes and bicycles and the location of nearby public bathrooms. Other bloggers posted suggestions about how protesters should respond to police harassment. [67]
The trial of Dr. Vu started at 8:00 am on April 4 and lasted less than six hours. Although state media reported that the trial of Dr. Vu would be open to public, [68] the court claimed there was “limited space” and only allowed one family member, Dr. Vu’s wife, three representatives of foreign media, and four diplomats to attend the trial. [69]
Police and civil defense forces cordoned off the area surrounding the court. Nevertheless, hundreds of people gathered at different intersections and street corners nearby and attempted to approach the court. [70] Dozens of people were arrested. [71] Among them were attorney Le Quoc Quan, Dr. Pham Hong Son, and blogger Paulus Le Son. [72] Various accounts by witnesses described the police using their batons to intimidate and disperse peaceful bystanders. [73] They also confiscated cameras from a number of people on the street who attempted to take photos or video. [74]
Police disperse supporters of Dr. Cu Huy Ha Vu near the Hanoi People’s Court, April 4, 2011. © 2011 Wind Merchant.
Procedural Violations at the Trial
At the beginning of the trial, Dr. Vu requested that the trial panel [75] be replaced due to a conflict of interest. Dr. Vu contended that he was prosecuted for “demanding to abolish the leading role of the Vietnamese Communist Party and article 4 of the Constitution” [76] [which affirms the leading role of the VCP]; thus it would be unfair for him to be judged by a trial panel which he claimed was made up of members of the Vietnamese Communist Party. [77] When this request was rejected, Dr. Vu requested that the court replace Vu Dang Hieu, one of the two procurators, on grounds of conflict of interest. [78] According to Dr. Vu, he had denounced this procurator in 2008 in a separate case. [79] Vietnam’s Criminal Procedure Code states that judicial officials must decline involvement or be replaced in proceedings in which there are “clear grounds that they may not be impartial while carrying out their duties.” [80] The court rejected the request.
During the trial, the four defense lawyers requested that the court make public the ten documents cited in the indictment as evidence against Dr. Vu. The defense’s argument was based on article 214 of the Criminal Procedure Code which affirms that “All documents filed in a [court] case as well as new documents need to be made public at the trial.” [81] However, Judge Nguyen Huu Chinh rejected the request on the grounds that, according to the judge, the evidence had been clearly published in the indictment prepared by the Hanoi People’s Procuracy, that Dr. Vu had acknowledged that those 10 documents were his, and that Dr. Vu had signed on those documents. [82]
When defense lawyer Tran Vu Hai continued to insist that the court provide the ten documents, Judge Nguyen Huu Chinh ordered him to be ejected from the court by the police. The three other defense lawyers –Tran Dinh Trien, Ha Huy Son, and Vuong Thi Thanh –continued to request that the judge act in accordance with article 214 and release the ten documents to the defense. When the judge rejected their requests, they walked out of the trial in protest.
One possible reason that the defense team insisted that the ten documents be made public is that the Hanoi People’s Procuracy made a serious mistake when they prepared the indictment. Cu Huy Ha Vu’s sister, Cu Thi Xuan Bich, first reported this in her urgent denunciation on March 29, submitted to the National Assembly and various government offices, in which she alleged illegal use of a petition to the National Assembly as evidence against her brother. The indictment claimed one of the 10 documents was an interview Dr. Vu did with Radio Free Asia on August 31, 2010, in which he called for genuine reconciliation with members of the government of the former Republic of Vietnam. However, the quote cited in the indictment was not from the RFA interview, but from a petition that Dr. Vu had sent the National Assembly on August 30, 2010. His sister argued that, according to the law, citizens have the right to submit complaints and petitions to the National Assembly, and thus the content of this petition could not be used as evidence against him. [83]
Ultimately, the court ruled that Dr. Vu was guilty of violating article 88 of the penal code for propagandizing against the state of the Socialist Republic of Vietnam. He was sentenced to seven years in prison, to be followed by another three years on probation after his release.
On the afternoon of April 4, 2011, the four defense lawyers submitted a petition to various offices including the Judicial Committee of the National Assembly, the Supreme People’s Court, and the Vietnam Bar Federation, in which they alleged that Judge Nguyen Huu Chinh had violated the procedures established in the Criminal Procedure Code. [84]
On April 21, state media reported that Dr. Vu had filed an appeal against the verdict issued on April 4. As of this writing, the authorities have not permitted his family to see him since the trial.
[64]“Protestant Mennonite Groups Voice their Communion with Dr. Cu Huy Ha Vu” (Giao hoi Tin Lanh Mennonite len tieng hiep thong cung TS Cu Huy Ha Vu), originally published on Dan Lam Bao, reposted on Cu Huy Ha Vu, April 3, 2011, http://chhv.wordpress.com/2011/04/03/giao-h%E1%BB%99i-tin-lanh-mennonite-len-ti%E1%BA%BFng-hi%E1%BB%87p-thong-cung-ts-cu-huy-ha-vu/ (accessed April 4, 2011).
[65]“The Vietnam Unified Buddhist Church Voices its Support of Dr. Cu Huy Ha Vu” (Giao hoi Phat giao Viet Nam Thong nhat len tieng cho TS Cu Huy Ha Vu), Dan Lam Bao, April 3, 2011, http://webcache.googleusercontent.com/search?q=cache:J5dZLPagOYIJ:danlambao4.wordpress.com/2011/04/03/giao-h%E1%BB%99i-ph%E1%BA%ADt-giao-vi%E1%BB%87t-nam-th%E1%BB%91ng-nh%E1%BA%A5t-len-ti%E1%BA%BFng-cho-ts-cu-huy-ha-vu/+&cd=1&hl=en&ct=clnk&gl=us&source=encrypted.google.com (accessed May 4, 2011).
[66]“A Plea regarding the Case of Cu Huy Ha Vu by the Elderly Le Quang Liem” (Loi keu goi ve vu an Cu Huy Ha Vu cua cu Le Quang Liem), Tin tuc Hang ngay, April 2, 2011, http://dailyvnews1.wordpress.com/2011/04/02/l%E1%BB%9Di-keu-g%E1%BB%8Di-v%E1%BB%81-v%E1%BB%A5-an-cu-huy-ha-vu-c%E1%BB%A7a-c%E1%BB%A5-le-quang-liem/ (accessed May 4, 2011).
[67]See the posting by blogger Kami on March 14, 2011, in which he urged people to go to the courthouse on the day of the trial. The blog includes a photograph of the court house for those unfamiliar with the area and a link to the address and phone numbers of the court. It also suggests how people should respond if stopped by police depending on the direction one was going. For example, if one tried to approach from Ly Thuong Kiet street, one could say he/she was going to the Viet Duc hospital on Trang Thi street, etc. Kami, “What One Should Do on the Trial Day of Mr. Cu Huy Ha Vu” (Nen lam gi vao ngay xu an ong Cu Huy Ha Vu), Kami blog, March 14, 2011, http://nguoiduatinkami.wordpress.com/2011/03/14/nen-lam-gi-vao-ngay-x%E1%BB%AD-an-ong-cu-huy-ha-vu/ (accessed March 15, 2011). See also Wind Merchant (Nguoi Buon Gio), “The Hanoi People’s Court” (Toa an Nhan dan Thanh pho Ha Noi), blog Nguoi Buon Gio, March 19, 2011 http://nguoibuongio1972.multiply.com/journal/item/258/258 (accessed March 20, 2011).
[68]Thai Uyen, “Public Trial of Cu Huy Ha Vu” (Xet xu cong khai vu Cu Huy Ha Vu), Thanh Nien (Youth), March 16, 2011, http://www.thanhnien.com.vn/Pages/20110316/Xet-xu-cong-khai-vu-Cu-Huy-Ha-Vu.aspx (accessed March 16, 2011).
[69]The journalists were from Kyodo, AFP and AP and the diplomats were from the United States, Australia, Finland and Switzerland. DPA, “Vietnam: Space Limited for Foreign Press at Rights Lawyer's Trial,” Monsters and Critics, March 31, 2011, http://www.monstersandcritics.com/news/asiapacific/news/article_1629841.php/Vietnam-Space-limited-for-foreign-press-at-rights-lawyer-s-trial (accessed April 25, 2011).
[70]Kami, “Direct Report from Hanoi of the Trial of Dr. Cu Huy Ha Vu” (Tuong trinh truc tiep tu Ha Noi ve phien toa xet xu TS Cu Huy Ha Vu), blog Kami, April 4, 2011, http://nguoiduatinkami.wordpress.com/2011/04/04/t%C6%B0%E1%BB%9Dng-trinh-tr%E1%BB%B1c-ti%E1%BA%BFp-t%E1%BB%AB-ha-n%E1%BB%99i-v%E1%BB%81-phien-toa-xet-x%E1%BB%AD-ts-cu-huy-ha-vu/ (accessed April 4, 2011); Nguyen Xuan Dien, “Report from Hai Ba Trung Street, Hanoi” (Tuong thuat tu duong Hai Ba Trung, Ha Noi), blog Nguyen Xuan Dien, April 4, 2011, http://nguyenxuandien.blogspot.com/2011/04/tuong-thuat-tu-uong-hai-ba-trung-hn.html (accessed April 4, 2011); Pham Toan, “Disgrace and Dignity,” (Chuyen o nhuc va chuyen cao ca), Bauxite Vietnam, April 5, 2011, http://boxitvn.wordpress.com/2011/04/05/chuy%E1%BB%87n-nh%E1%BB%A5c-v-chuy%E1%BB%87n-cao-c%E1%BA%A3/ (accessed April 6, 2011); Nguyen Thuong Long, “Stories noted outside the gate of the trial of Cu Huy Ha Vu” (Nhung cau chuyen ghi duoc truoc cong phien toa xu Cu Huy Ha Vu), Dan Luan, April 5, 2011, http://danluan.org/node/8394 (accessed April 25, 2011); CunhanLuat (A graduate of law school), “Diary notes, April 4, 2011” (Nhat ky ngay 04-04-2011), Dan Lam Bao, April 5, 2011, http://danlambaovn.blogspot.com/2011/04/nhat-ky-ngay-04-04-2011.html (accessed April 7, 2011); Nguyen Xuan Binh, “Ha Vu, the red storm becomes further and further” (Ha Vu… Con dong do cu xa dan), blog Xuan Binh, April 7, 2011, http://xuanbinhfreelance.wordpress.com/2011/04/07/ha-vu-%E2%80%A6c%C6%A1n-dong-d%E1%BB%8F-c%E1%BB%A9-xa-d%E1%BA%A7n/ (accessed April 25, 2011); Do Viet Khoa, “The Trial of Cu Huy Ha Vu Brings Disgrace to the Country” (Phien toa xu Cu Huy Ha Vu lam mat the dien quoc gia), blog Do Viet Khoa, April 4, 2011, http://vn.360plus.yahoo.com/vietkhoa_ht/article?mid=921 (accessed April 6, 2011).
[71]“Directly Narrating the Events of the Trial of Dr. Cu Huy Ha Vu” (Tuong thuat truc tiep dien bien phien toa xu an Ts luat Cu Huy Ha Vu), Dan Lam Bao, April 4, 2011, https://danlambao2011.wordpress.com/2011/04/04/chao-v/ (accessed April 26, 2011).
[72]While many people were released later that day or the next day, attorney Le Quoc Quan and Dr. Pham Hong Son were detained for nine days for “opposing persons performing official duties,” and were finally released on April 13, 2011. See Human Rights Watch, “Vietnam: Free Political and Religious Detainees,” Human Rights Watch press release, April 7, 2011, http://www.hrw.org/en/news/2011/04/07/vietnam-free-political-and-religious-detainees (accessed April 26, 2011). Also see, Wind Merchant, “Le Quoc Quan and Pham Hong Son released from jail” (Le Quoc Quan va Pham Hong Son ra khoi tu), blog Nguoi Buon Gio, April 13, 2011, http://nguoibuongio1972.multiply.com/journal/item/287/287 (accessed April 14, 2011).
[73]Cong doan Vinh, “Announcement from the Vinh Community in Hanoi” (Tuyen cao cua Cong doan Vinh tai Ha Noi), The Community of Vinh Parish in Hanoi (Cong doan Giao phan Vinh tai Ha Noi), April 4, 2011, http://congdoanvinhhn.net/Default.aspx?tabid=5709&ArticleId=1552&language=vi-VN (accessed May 6, 2011); Phung Quang, “Collective sStories on the Sidelines of the ‘Open’ Trial” (Luom lat ben le phien toa xet xu “cong khai”), Bauxite Vietnam, April 7, 2011, http://www.boxitvn.net/bai/19773 (accessed April 7, 2011); Chim Quoc Quoc, “Interview with Lawyer Le Quoc Quan after 10 Days in detention” (Phong van Luat su Le Quoc Quan sau khi bi bat giam trong 10 ngay). The interview was conducted via paltalk, reposted on Cu Huy Ha Vu, April 15, 2011, http://chhv.wordpress.com/2011/04/15/ph%E1%BB%8Fng-v%E1%BA%A5n-lu%E1%BA%ADt-s%C6%B0-le-qu%E1%BB%91c-quan-sau-khi-b%E1%BB%8B-b%E1%BA%AFt-giam-trong-10-ngay/ (accessed April 16, 2011); Ngo Duy Phong, “Impression of an Older Person who Wished to Attend the Open Trial of Cu Huy Ha Vu – What was on Trial at that Court?” (An tuong cua mot cu gia uoc ao di du phien xu cong khai Cu Huy Ha Vu – Cai phien toa ay xu gi?), Bauxite Vietnam, April 10, 2011, http://www.boxitvn.net/bai/19913 (accessed April 11, 2011); Duong Thi Xuan, “The Terrifying Tate of Human Neings under the Rule of Police in the Middle of the Capital Hanoi” (Rung ron phan con nguoi ngay nay duoi che do cong an tri giua thu do Ha Noi), Viet Vung Vinh, April 20, 2011, http://vietvungvinh.com/index.php?option=com_content&view=article&id=2344:rung-ron-phan-con-nguoi-ngay-nay-duoi-che-do-cong-an-tri-giua-thu-do-ha-noi&catid=47:dien-dan&Itemid=83 (accessed April 21, 2011).
[74] Cong doan Vinh, “Announcement from the Vinh Community in Hanoi” (Tuyen cao cua Cong doan Vinh tai Ha Noi), The Community of Vinh Parish in Hanoi (Cong doan Giao phan Vinh tai Ha Noi), April 4, 2011, http://congdoanvinhhn.net/Default.aspx?tabid=5709&ArticleId=1552&language=vi-VN (accessed May 6, 2011);
[75] Vietnam’s Criminal Procedure Code stipulates that “A first-instance trial panel shall be composed of one judge and two jurors. For serious and complicated cases, the trial panel may be composed of two judges and three jurors,” Criminal Procedure Code, 19/2003/QH11, issued on December 10, 2003. Article 185, http://www.asianlii.org/vn/legis/laws/cp167/ (accessed May 19, 2011). For the trial of Cu Huy Ha Vu, the three members of the trial panel were Judge Nguyen Huu Chinh who was the chair of the council, juror Bui Quy Thien and juror Nguyen Thanh Ha.
[76]Nguyen Minh Tuan, “A Fair and Legal Trial” (Phien toa nghiem minh, dung phap luat), Peoples’s Army (Quan doi Nhan dan), April 10, 2011, http://www.qdnd/qdndsite/vi-VN/61/43/5/5/5/144603/Default.aspx (accessed April 10, 2011).
[77]Dao Tuan, “Cu [or the story told by a journalist at work at the trial of Cu Huy Ha Vu]” (Cu [hay chuyen cua mot nha bao tac nghiep tai phien toa CHHV]), originally published on the blog Dao Tuan DDK, reposted on Dan Luan, April 4, 2011, http://danluan.org/node/8390 (accessed May 8, 2011). Also see Ho Thu Hong, “A Stone thrown into a Pond of Weeds” (Hon da nem xuong ao beo), April 4, 2011, blog Beo, http://webcache.googleusercontent.com/search?q=cache:AQ0mTZDyQF0J:vn.360plus.yahoo.com/thuhong_1960/article%3Fmid%3D2337+&cd=1&hl=en&ct=clnk&gl=us&source=encrypted.google.com (accessed April 25, 2011).
[78]Criminal Procedure Code, 19/2003/QH11, issued on December 10, 2003. Article 189 states that “Procurators of the procuracies of the same level must participate in court sessions. For serious and complicated cases, two procurators may together participate in court sessions. In case of necessity, there may be alternate procurators.” http://www.asianlii.org/vn/legis/laws/cp167/ (accessed May 19, 2011). For the trial of Cu Huy Ha Vu, there were two procurators: Vu Dang Hieu and Dang Tien.
[79]Ho Thu Hong, “A Stone thrown into a Pond of Weeds” (Hon da nem xuong ao beo), April 4, 2011, blog Beo, http://webcache.googleusercontent.com/search?q=cache:AQ0mTZDyQF0J:vn.360plus.yahoo.com/thuhong_1960/article%3Fmid%3D2337+&cd=1&hl=en&ct=clnk&gl=us&source=encrypted.google.com (accessed April 25, 2011); also see Tran Kien Ky, “(A Stone thrown into a Pond of Weeds) Who is Beo?” ([Hon da nem xuong ao beo] Beo la ai?), blog Bao Bien, April 13, 2011, http://baobien.wordpress.com/2011/04/13/hon-da-nem-xu%E1%BB%91ng-ao-beo-beo-la-ai/ (accessed April 25, 2011); Wind Merchant, “A Stone thrown into a Pond of Weeds– The way Beo Writes about the Trial of April 4” (Hon da nem xuong ao beo – Chuyen cua Beo viet ve phien toa 4-4), blog Nguoi Buon gio, April 12, 2011, http://nguoibuongio1972.multiply.com/journal/item/286/286 (accessed April 25, 2011).
[80] Article 45 of the Criminal Procedure Code states that “Procurators must refuse to conduct the procedure or be changed if …[T]hey fall into one of the cases prescribed in article 42 of this code”; Meanwhile article 42 states that “Procedure-conducting persons must refuse to conduct the procedure or be changed if …[T]here are explicit grounds to believe that they may not be impartial while performing their duties,” http://www.asianlii.org/vn/legis/laws/cp167/ (accessed May 19, 2011).
[81]Article 214 of the Criminal Procedure Code states that “Documents contained in the case files or just presented during the inquiry shall all have to be announced at court sessions.” And “Procurators, defendants, defense counsels and other participants in court sessions shall have the right to give their remarks on such documents and inquire further about related matters,” http://www.asianlii.org/vn/legis/laws/cp167/ (accessed May 19, 2011).
[82]Dr. Nguyen Minh Tuan, J.D., “A Fair and Legal Trial” (Phien toa nghiem minh, dung phap luat), Peoples’s Army (Quan doi Nhan dan), April 10, 2011, http://www.qdnd/qdndsite/vi-VN/61/43/5/5/5/144603/Default.aspx (accessed April 10, 2011).
[83]Cu Thi Xuan Bich, “Urgent Denuniciation” (Don to cao khan cap), Cu Huy Ha Vu, March 29, 2011, http://chhv.wordpress.com/2011/03/29/d%C6%A1n-t%E1%BB%91-cao-kh%E1%BA%A9n-c%E1%BA%A5p-c%E1%BB%A7a-ba-cu-th%E1%BB%8B-xuan-bich-g%E1%BB%ADi-qu%E1%BB%91c-h%E1%BB%99i/ (accessed March 29, 2011). For a comparison of the narratives in the indictment, Cu Huy Ha Vu’s petition, and his interview with Radio Free Asia, see: 1) “Indictment of the Case Cu Huy Ha Vu Propagandizing against the State of 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). For an English translation of the indictment, see Appendix B of this report; 2) Cu Huy Ha Vu, “Petition to Free All Ex-military and Civilian officials of the former Republic of Vietnam, using ‘Vietnam’ as the Country’s Name 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), Dan Luan, September 1, 2010, http://danluan.org/node/6279 (accessed March 29, 2011); and 3) Mac Lam, “Petition to give amnesty to all civil 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). Vietnam’S Constitution (1992 version), article 53 states that “Citizens have the right to take part in managing the state and society, in debating on general issues of the whole country or of the locality, and make petitions or recommendation to the state offices and vote at any referendum held by the state.” http://www.vietnamlaws.com/freelaws/Constitution92%28aa01%29.pdf (accessed May 19, 2011).
[84] Cu Thi Xuan Bich, “Petition from the Four Defense Lawyers of Dr. of Law Cu Huy Ha Vu” (Kien nghi cua 4 luat su bao chua cho TS luat Cu Huy Ha Vu), Bauxite Vietnam, April 5, 2011, http://www.boxitvn.net/bai/19679 (accessed April 5, 2011).