Lawyer Nguyen Van Dai, who publicly condemned all wrong
left of the communist government and determined to defend
action legitimate self-defense of his family Doan Van Vuon.
THE TRUTH - JUSTICE - LOVE
Final conclusions of Prime Minister Nguyen Tan Dung on a series of serious violations of Tien Lang district authorities in the unlawful coercion to his family Doan Van Vuon was actually defused outrage in our people and partly to reassure the public opinion among the people. However, the case was not closed and still may be heated further after the government at all levels including the People's Committee of Hai Phong city and Hai Phong city police assigned to continued review and bring the case of Doan Van Vuon to trial on charges of emergency "murder and anti- the duty". Although under the direction of Prime Minister Nguyen Tan Dung, the authorities should consider extenuating circumstances for this case. And conducted a review of his family continued to use land of Vuon in accordance with the provisions of law.
The decision by Prime Minister Nguyen Tan Dung, although the vast majority of people and many in the machinery of government and supports complete obstruction but also the majority of people are worried and do not agree with Mr Prime Minister on the trial of the petitioners Doan Van Vuon and his brothers in charge of "murder and opposing officials on duty" as well as orderd to the Commission and Hai Phong city police shall consider and proceed with the trial case. They expressed confusion and distrust in the fairness of the law when it conducted its powers assigned to the back of the authorities had the attitude and actions to cover up the wrongdoings of the Tien Lang district authorities and the most senior leaders in government have had a false speech, slander poured the sins on people.
Also according to the analysis of some legal experts, lawyers and some former government officials, the great people agree proposals to cancel the charge of "murder and opposing officials on duty" for deems that the alleged offense that is totally inappropriate and contrary to law. Prime Minister Nguyen Tan Dung, who is behind the case and defused responsibility for each case which caused much outrage and burning in the hearts of people really do not understand or do not understand to try to continue underground protection for so-called inalienable rights of the party known as the Vietnam Communist Party members, who represent the law and run the country with power and violence. The way to address the problems if not actually originated by heart, the truth if not truly respect the government is acting just how peaceful nature, or sham democracy or as a distrust in the heart while some authorities have expressed the "holding pat" not only did not remove the detonator case contrary they truly excited Fuze millions of people inside the smoldering capital only so long wished for the opportunity and favorable conditions for explosion.
Who violations in the case of Doan Van Vuon?
Nguyen Van Dai
Send to a BBC from Hanoi
Update: 12:57 GMT - Wednesday, February 15, 2012
Department of the People's Committee of Tien Lang district, Hai Phong city to conduct unlawful coercion in order to recover his family's land Doan Van Vuon led to his family homemade mines and machine gun-fire flowers for defense reform .
The case in Tien Lang continue to attract the attention of public opinion
This suggests that these gentle people around the capital in the labor for land sales, sell back to heaven to make a living, this government when they were bullied, treated unfairly to deprive sweat, tears, which other franchisee of them have spent so many years. They use legal tools to a lawsuit to court, they believe the courts will provide justice for them.
England spoke about the Tien Lang
Hai Phong newspaper condemns " sinner Vươn
Changing the head of Tien Lang handling
As a result they were both courts and governments take advantage of the law, bend the law, and to commit acts contrary to law for expropriation of their assets. Frustrated, lose confidence in government and the courts, no one to rely. They were forced to choose the final solution that is self-made armaments to safeguard assets and protect their own justice. As a result the Tien Lang district authorities have made them from the innocent, gentle risk become criminals.
Acts of violating the law of Tien Lang district administration has caused resentment and indignation among the people.
Former Deputy Minister of Natural Resources and Environment Dang Hung Vo said on quick message on 13/01/2012 Vnexpress that land acquisition decisions Tien Lang district People's Committee (Hai Phong) with his family Doan Van Vuon is both illegal law and moral, deliberately stripped the rights of the people.
Lawyer Tran Vu Hai sent a letter to Prime Minister Nguyen Tan Dung is the Congress of Hai Phong city. He suggested the prime minister has directed the police to prosecute criminal cases for investigation to clarify the behavior of citizens destruction of property. Many offices have claimed attorney defending free to members of his family Vuon. The case has also attracted the attention of many former senior leaders of the State and the Communist Party. In particular there are hundreds who have contributed hundreds of millions to help support his family and Doan Van Vuon.
Before the pressure of people throughout the country, 10/2, Prime Minister Nguyen Tan Dung conclusions: People's Committee of Tien Lang district, Hai Phong city have made mistakes in land allocation, land acquisition and compulsory collection Land has been allocated to Mr. Doan Van Vuon. Specifically, the decision 460/QD-UBND April 23, 2008, the 461/QD-UBND April 7, 2009 the People's Committee of Tien Lang district land acquisition of his family does not comply with Vuon follow the rules Land Law in 2003. Therefore the decision of land recovery also unlawful.
From the conclusion of the Prime Minister, the legal character of the case have changed. The question here is that six family members have said Doan Van Vuon for criminal offenses committed "murder" and "opposing officials on duty" that the agency conducting the proceedings of Hai Phong city has prosecuted or not?
First, we consider Tien Lang district People's Committee to conduct unlawful coercion to recover land to his family's Vuon there is duty or not?
The concept of duty referred to in Article 257 of the Penal Code includes employees of state agencies or organizations are executing their assigned tasks as stipulated by law. Assigned tasks of normal operation, proper and lawful luat.Theo Nguyen Tan Dung's conclusion, the decision on land recovery enforcement of Tien Lang district People's Committee is unlawful. Thus the Tien Lang district People's Committee of enforcement is of course illegal and not the normal operation of state agencies. So who is Tien Lang district People's Committee assigned to coercive recovery of his family Vuon land is not the duty.
So Tien Lang district People's Committee and who was charged with violations of the law that like?
Article 73 of Vietnam's 1992 Constitution stipulated:
Buildings and gardens of Mr. Doan Van Vuon was 'clean burn, clean break'
"The citizen shall enjoy inviolability of his domicile.
No one can enter the domicile of another person without his consent, except as permitted by law .... "
Decision No. 447/QD-UB October 4, 1993 and decision No. 200/QD-UB April 9, 1997 Tien Lang district People's Committee for his family Doan Van Vuon land is in accordance with the provisions of law at that time (Conclusions of Prime Minister Nguyen Tan Dung). Therefore, housing, construction and property on which is legally owned by his family park. No one can violate.
In terms of objectivity: The People's Committee of Tien Lang district law to take advantage of mobilizing a force of over 100 people, including police, army and civil defense. They are equipped with weapons and other support tools to use force or threaten to use force immediately aimed to appropriate the property to be protected by the law of his family Doan Van Vuon. The weapons that Tien Lang district People's Committee uses completely can cause injury and deprivation to the lives of his family members Vuon.
In terms of objectivity: Tien Lang district People's Committee has used a large force, armed with weapons ready to use force immediately forced his family Doan Van Vuon fall into inability to resist in order target appropriate property of his family. Life and health of his family members can be lost if they are deprived of property determined to protect their legitimate end.
Practices are after detonating mines to prevent violations of the laws of the People's Committee of Tien Lang district, but the offenders still insist on going to the same offense.
They continued to attack the illegal to sector of his family Doan Van Vuon, forcing his family to live-fire flowers for defense reform inflicted for a violation of the law. When Tien Lang district People's Committee to strengthen the forces and weapons, his family Vuon is forced to retreat to preserve life and health.
Clean burning, clean break
Consequences: All lawful property of his family Doan Van Vuon were robbed cleanly, clean out and clean burning.
People's Committee of Tien Lang district has violated Article 73 of Vietnam's 1992 Constitution, when mobilized a large force, the armed intrusions into the family residence of Mr. Doan Van Vuon when not permitted by law. The behavior of Tien Lang district People's Committee signs of robbery offenses, organized, armed defined in Article 133 of the Penal Code of Vietnam.
When they use a large force to use force, threats to use force immediately to attack on his home Vuon, making his family could not resist to appropriate lawful property of the family Mr. Vuon.
The family Vuon using mines, guns firing homemade flower reform is the ultimate solution to safeguard the legal protection of property of his family before the attack behavior of another robbery. Safeguard action for blasting and firing homemade flower wealth only to limit violations of other laws.
We consider the level of proportionality between force and law violations of family Doan Van Vuon. Tien Lang district People's Party with over 100 police, army and civil defense. Equipped with weapons, tools and support fully modern. But his family Doan Van Vuon has four men and two women.
They equip themselves with a self-made mines, and some guns firing homemade flower improvement. What is clear is that his family Vuon completely vulnerable before the law is violated Tien Lang district People's Committee.
The family Vuon for blasting, shooting flowers modified only to prevent dangerous behavior of those who attack the appropriate property of his family.
But despite his family for blasting, firing flower improvement, but still failed to prevent criminal activity Tien Lang district People's Committee. Finally the property that he and his family have poured so many sweat, tears, money they had been robbed, burned and broke clean.
All the above have demonstrated that self-defense actions of his family Vuon lower levels of crime to knowingly of the victims. Safeguard action was not enough to deter offenders to the determination of those who violate the law.
No one, whether or not there is a basis that can justify the violation of the laws of the People's Committee of Tien Lang district. But the attention, and voiced support of the whole society is the best proof for legal action and safeguard the right of his family Doan Van Vuon.
Every family's self-defense when he, Vuon for mine explosion and firing homemade flower improvement on those who violate the law but still within the limits of legitimate defense allowed by law. That is not the act of murder as the prosecution of the agency conducting the proceedings of Hai Phong city. Therefore, Mr. Doan Van Quy (46 years), Doan Van Vuon (49), Doan Van Sinh (55 years) and Doan Van Ve about (38) not guilty of murder as the prosecution decision of the agency proceedings.
Ms. Pham Thi Bau (ie Hien wife of Quy) and Ms. Nguyen Thi Thuong ( wife of Vuon) not to commit offenses against official duty as prosecution decision of the agency conducting the proceedings of Hai Phong city. Due to the Tien Lang district People's Committee assigned the task of January 5, 2012 when the illegal infringement on the whereabouts of his family who Doan Van Vuon by law violations. They were not on duty.
So whether the Van Quy Doan, Doan Van Vuon, Doan Van Sinh and Doan Van Ve use mines and firing guns flowers is in any error of law reform?
According to Decree No.175-CP of December 11, 1964 of the Council, the government of "national defense sport weapons and other weapons (guns, gun crew, muskets ... ), explosives and mines used in the production team are not military weapons. "
Thus, the Van Quy Doan, Doan Van Vuon, Doan Van Sinh and Doan Van Ve can only signs of violation of Article 232 of the Penal Code provisions on charges of manufacturing, storing, transporting, using ... explosives. And Article 234 of the criminal provisions making, storing, transporting, using or trading in or appropriating rudimentary weapons or support tools.
Family of Mr. Doan Van Vuon use explosives and use rudimentary weapons only to protect their lawful property. Against violations of the laws of the People's Committee of Tien Lang district. Tien Lang district People's Committee has made plots, tricks, to use all forces determined to make violations of law to the end. In order to put his family Vuon in the end of way so that they are easy to appropriate property.
Acts of violating the laws of the People's Committee of Tien Lang district were outraged people throughout the country and be condemned. But self-defense actions of his family Doan Van Vuon was sympathetic people in the country, sharing and be supported.
Therefore we expect that the agency conducting the proceedings of the city of Haiphong not consider criminal responsibility under Article 232 and 234 for Van Quy Doan, Doan Van Vuon, Doan Van Sinh and Doan Van Ve about to meet the expectations of people throughout the country.
The article expresses the personal views of democracy lawyers Nguyen Van Dai, who lives in Hanoi. Articles critical of this article or comments about the Tien Lang, please send them to the BBC Vietnamese forum.
'Need to remove " murder" to Mr. Vuon'
Update: 13:12 GMT - Wednesday, February 15, 2012
An Giang former president said forced him Vuon and his brothers in crime 'kill people' is not correct
Former chairman of An Giang province in the regulation of family members Doan Van Vuon on murder is "without precedent".
Overview of land enforcement case in Tien Lang district
Who violations in the case of Doan Van Vuon?
Response after the meeting of Tien Lang
In the BBC interview on 15/2, said Nguyen Minh Nhi said:
"I have not found a precedent that action concludes 'murder'.
"To say crime" against the duty ', it more satisfactory.
"And if you say that murder is not enough evidence to say that killing people because they prepared, they cope when enforcement cases that persecution they deal with homemade weapons.
"It says murder is not concluded satisfactorily, there is insufficient evidence.
"Then who make forced to take up arms is also prepared to kill ?"
In an article published on
BấmNgười lao động newspaper , Mr. Nhi also said if the court rules with murder for both parties, the government must take more crimes as "crimes urged crime."
He said readers to leave comments for his article on the internet would agree with his comments while Prime Minister Nguyen Tan Dung, he said, also had conclusive considering the extenuating for his family Vuon.
"The Prime Minister has directed that land should then be back to Vuon continue, so if many years in jail is what for they give back land?.
"So the idea that it is something I do not know but it opens the way towards that."
'Handling case in humanitarian way'
Mr. Nhi also mentioned the case of
BấmĐồng Nọc Nạn under the French regime in which some Vietnam farmers were acquitted in the case against acts which had occupied land that killed a French official and comments:
"I do not beleive that the colonial judiciary handling such cases in humanitarian way ."
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He added that the BBC about the meaning of the old case for the present case:
"The reference value, the judiciary must be relatively independent role because they specialize in law, the law review.
"So sometimes it's something that is not consistent with the government 100%. I also hope so."
The former president talked organizations representing people, from farmer to the Fatherland Front and the Congress later in the opinion Tien Lang is "not surprising" and to amend condition This will also take time.
"This is a long, long time and so must also be modified but also immediate step is also very difficult," he said.
Charges related to Doan Van Vuon and other members of his family, a Vietnamese lawyer on Dan Viet news site quoted as saying they could be tried under charges of "murder with extenuating Special "and the court may only sentence suspended.
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