Thứ Năm, 12 tháng 1, 2012

Commenting on a false arrest law of Vietnam's communist government


            THE TRUTH - JUSTICE - LOVE

Respectfully to send to all the people of Vietnam commentaries of Justice Committee - Hoa Binh Vinh diocese about the arrest and unlawful detention of the communist government of Vietnam for 17 young Catholic people and Protestants in the area of ​​the city of Saigon, Hanoi and Nghe An from the date of 30-07-2011 to 29-12-2011. Most of the young men arrested are parishioners of the diocese of Vinh and young intellectuals, patriotic enthusiasm, the operation has been active in speaking up for truth, for justice and for peace in Vietnam. Vietnam's communist government has defied the law and public international law when conducted the secret kidnapping them as part of a plan to isolate the religious activities that the government is influenced not possible to plan and policies of the party and state.

The letter claims of his family following Minh Nhat Tran also contributed to exposing the truth about the disregard of law and violation of the strict rules on the arrest and detention provisions of the law of elements Criminal Procedure and the Constitution of the Republic of Vietnam socialist. At the same time the act wrongful arrest of the above also goes against the international commitments on civil and political rights of the United Nations that the government of Vietnam has participated to date 24-09-1982 so far. A state ruled by law and always claims that; all human rights are respected as eloquently stated by Vietnam's communist government before public opinion at home and abroad as well as previous International can not take actions arrest the spread of such a wrong way.

Hopefully, through the above part to help citizens of Vietnam understand clearly and correctly about alleged violations of law and human rights abuses by the communist government of Vietnam in the years , as well as see the sinister and cunning of these people, the Party members, who represent law enforcement authorities in Vietnam. They kept saying that this administration claims of the people, and strictly for the people. But that's just claims and empty commitments of the government to deceive public opinion in the country. In fact their work has gone against what they have committed to cause so much suffering and loss, where residents. Instead of looking to repair itself correctly and overcome the consequences of their wrongdoing caused, the government tried to bend the truth, one side used every trick to fool the international to look forward the humanitarian assistance, on the one hand to perform the action violent repression and arrests arbitrarily detained every voice peaceful protest where people.


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Posted by wclhb on January 10th, 2012 / / Comments off

Commenting on a false arrest law

Vatican II recognized the independence of the world and social life - politics. "In itself, the political community and the Church independent and autonomous with each other. However, under different names, both to serve human beings, the mission of individual and society "(GS 76). Therefore, the orientation of "candid dialogue and sincere cooperation" that Pope Benedict XVI has offered the Vietnam Episcopal Council, we feel it necessary to receive this publication.

Continuity in the different time: 30 / 7, 3 / 8, 5 / 8, 7 / 8, 16 / 8, 27 / 8, 5 / 9, 19 / 9, 24/12 and 29/12/2011 , in the provinces of Ho Chi Minh City, Hanoi and Nghe An, the authorities arrested several people, most of whom are parishioners of the Diocese of Vinh, in secret and not under law procedures.

Indeed, the Criminal Procedure Code of Vietnam in the 80 prescribed any form without having to start arresting people committing crimes, they must strictly abide by the following provisions:

"Warrant must specify the date, month, year, name and title of the person causing the full name and address of the person arrested and the reason for arrest. Arrest warrant must be signed by the person ordering and seal.

The command to read command execution, command interpretation, rights and obligations of persons arrested and must make a report about the arrest.

When conducting an arrest in which they reside must be representatives of the communes, wards, towns and neighbors who witnessed the arrest. When conducting an arrest in which they work must be representative of the agency or organization where they work seen. When carrying out the arrest of persons in other places must be witnessed by representatives of the commune, ward or township where the conduct arrest. "

Article 84 mandatory requirements must be documented on the commencement of the public:

"The implementation of an arrest in all cases must be documented.

The record must indicate the date, time, month, year and place of arrest, where the record; the work done, the situation changes while performing arrest, objects, documents and custody complaint complaints of the people arrested.

The record must be read to detainees and witnesses heard. The arrest warrant of execution and witnesses must sign the minutes, if anyone has other opinions or disagree with the content of the record, they may be filled in and signed the minutes. "

Article 85 provisions required to promptly report about the arrest of people involved:

"The issue arrest warrants, investigating agencies to get people arrested immediately notify the family was arrested, the commune, ward or township or an agency or organization where they reside or work know" .

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- International Declaration of Human Rights of UN 1948 which Vietnam is a State Party from 20/09/1977. Article 9 stipulates: "No one was arrested, detained or exiled arbitrarily"

- International Convention on Civil and Political Rights 1966, effective in 1976, which Vietnam has joined on 09.24.1982, in Article 9 specifies the arrest of people: "Everyone has the right freedom and personal safety. No one was arrested or detained unreasonably. Any person arrested must be informed on arrest of the reasons for their arrest and shall be informed without delay about the charges against them. "

- Vietnam 1992 Constitution was amended in 2001, Article 71 confirms the right to inviolability of the citizen and strictly forbidden to arbitrarily arrest people: "No one was arrested, if no decision People's Court, decision or approval of the People's Procuracy, except in cases of flagrant offenses. The arrest and detention of lawful right "

Yet in the arrest was mentioned above, 17 citizens have all the Catholics and Protestants were arrested in different ways but all are at variance with the provisions of the Code of Criminal Procedure above . Conclusion of these people are guilty or innocent is the work happens in court. The issue should be clarified that the arrest of the security agencies rightly or wrongly current law?

The public are dissatisfied and pressing the government of a state law that arbitrarily arrested citizens so. The arrested person for a certain reason is the power of the authorities or the security forces, but caught the wrong way the law is what a righteous government should not do, because it loses righteousness of a legitimate state and the people that insecurity. These actions go against international law and contrary to the Constitution and laws of Vietnam.

Justice and Peace Commission Vinh GP

Letters of complaint of Mr. Tran Minh Nhật family
( Original letter in Vietnamese)

Letters of complaint of Mr. Tran Minh Nhật family
( Be translated into English )

                       Independence - Freedom - Happiness

                                                                                      On 09 May 2012 01.

                                                          V / v unreported catch

                       Dear:     PROCURACIES SUPREME PEOPLE
                                     44 Ly Thuong Kiet Street - Hoan Kiem - Ha Noi

My name is Tran Khac Dat, born in 1977 in Nghe An,
ID Card No. 250549967 issued on 04.16.2006, in Lam Dong
Residing in: Rural Yen Thanh, commune Đa Đon, Lam Ha district, Lam Dong province.
presented the following:

           1. Originally on 27/08/2011, my brother was born on 31/01/1988 NHAT MINH TRAN, occupation: student residence: Rural Yen Thanh, commune Da Don, Lam Ha district, Lam Dong province, has been Some people go to the field carrying where unknown. After that, I knew  Tran Minh Nhat was arrested by security investigating agencies of the police.

            From arrest to date, was 133 days, as prescribed in Article 87 Criminal Procedure Code (CrPC), make sure my brother has been sued and held in custody.

            2. But my family was not notified immediately of the arrest of my brother as prescribed in Article 85 and paragraph 4 of Article 88 of the CrPC.

             This is serious violation of the CrPC. Accordingly, "the arrest and detention must follow the provisions of the CrPC" (Dieu 6). Violation of the basic principles of "socialist legal system to ensure the criminal" and "respect and protect the fundamental rights of citizens" stipulated in Article 3 and Article 4 of the CrPC. Accordingly, any criminal activity ... shall be conducted in accordance with the CrPC. And when the proceedings .... shall respect and protect the lawful rights and interests of citizens ...

             3. So by this form, I complain, asking the agency conducting the proceedings to comply with the law. Exceeding the stipulated time limit, if not considered, settlement, forced me to complain to higher statutory law.


       Tran Khac Dat

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