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Thứ Sáu, 12 tháng 10, 2012

Congress of the State of Vietnam must have the responsibility and obligation satisfactory answer about the constitutionality and the specific legal provisions of Article 88, Article 79 and Article 258 of the Criminal Procedure Code relating to the right to self-due to people's basic legal



       





     THE TRUTH - JUSTICE - LOVE






Dominhtuyen

Inadequate and ambiguous interpretations of the Vietnamese Communist government when implementing Article 88, Article 79 and Article 258 of the Criminal Code of the Socialist Republic of Viet Nam in order to stifle and limit prohibit freedom of expression, peaceful and legal legitimacy of the people for so long has really caused concern not only for the people of Vietnam and abroad, but also attracted strong interest, particularly deep and from the International Community. During the past several years, the International Human Rights Organization has frequently and repeatedly criticized the Vietnamese communist authorities have imposed unreasonably vague terms above and increase the repressive actions continuous pressure and interfere with people exercising their freedom of expression peacefully.

Many of the intellectual concerns with the current state of the nation, including lawyers, doctors, journalists, writers, Democratic Activist, Religious activities with young students ... . has concerns and sharing the impossible and unreasonable nature of Articles 88, Article 79 and Article 258 of the Criminal Procedure Code, the Vietnamese communist government abuse and used indiscriminately to achieve their evil purpose in suppressing domestic voice disagreement. There has been much written request be sent to the Standing Committee of the National Assembly, Law and Justice Committee of the National Assembly as well as being sent to the most senior leaders of the state and government apparatus requirements interpretation, be considered and answered clearly on the specific provisions and the legality of the the Terms above but are not getting answers.

Why Congress, the supreme power of the State, where reference, prepare and supervise the implementation of the Constitution and the law does not want to or can not explain or answer simple questions of people related to the State Constitution and the law? About this, we are able to understand that: the terms mentioned above of the Criminal Procedure Code of the Socialist Republic of Vietnam is the identifiable provisions unconstitutional, unlawful, contrary to International law on human rights, which the communist government of Vietnam must have the responsibility and obligation to implement. State or government at all levels abuse the above terms to perform their evil intentions in the suppression of fundamental rights of the people in a systematic way. We, the citizens of the country have the right to legal requirements state leaders, the leaders of the Party and the leader of the government must quickly explain and answer questions in a satisfactory manner for people about the constitutionality, feasibility and the specific provisions of Article 88, Article 79 and Article 258 of the Criminal Procedure Code relating to the fundamental freedom of the people or to quickly cancel to immediately and unconditionally to the above range if deemed impossible, unreasonable, unconstitutional, unlawful or contrary to Vietnam's commitments to international human rights people.




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News / Việt Nam

More petition letter asking Congress VN explained guilty 'propaganda against the state'




Lawyer Nguyen Thi Duong Ha and Dr. Cu Huy Ha Vu law





10/11/2012


Lawyer Nguyen Thi Duong Ha, wife of Dr. Cu Huy Ha Vu law jailed on charges of 'propaganda against the state' has sent a letter to Congress explain requirements of article 88 of the Vietnam Penal Code regulations 'propaganda against the state'.



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Mr. Duong Ha tells VOA English Language:

"On 10/10/12 I sent recommendations Explanation law to the National Assembly Standing Committee, National Assembly Chairman Nguyen Sinh Hung, the Law Commission of the National Assembly, the National Assembly's Justice Committee. I ask those who write the laws to explain how behavior is 'anti-state', 'propaganda', the 'defaming government', 'psychological warfare rhetoric', 'spreading fabricated news'. They must explain clearly. But for now let's just say in general. For example, say 'make, store and circulate the documents of cultural products with contents against the state' is what provides that the contents are 'anti-state'. What is the protection of the state? What is against the state? We want to know clear to all the people fighting for their own legitimate rights, the people and the society they know that it is true or not true boundary. But every now generalize and when feeling dissatisfied people and the people, if the work itself is not clear that this is very hard for people. Look forward to their reply. We need to do, we have to do and we never succeed alone. It is the responsibility of a citizen. "


"On 10/10/12 I sent the petition to the National Assembly Standing Committee, National Assembly Chairman Nguyen Sinh Hung, the Law Commission of the National Assembly, the National Assembly's Justice Committee. I ask those who write the laws to explain how behavior is 'anti-state', 'propaganda', the 'defaming government', 'psychological warfare rhetoric', 'spreading fabricated news'. They must explain clearly ...
Lawyer Nguyen Thi Duong Ha, wife of Dr. Cu Huy Ha Vu.



In July last year, a lawyer who protected the dissidents in about 88 trials in which Dr. Cu Huy Ha Vu and blogger Dieu Cay, filed a similar petition to the National Assembly of Vietnam asked for clarification on this law. However, the lawyer Ha Huy Son said that so far, his petition letter not received a response from the government.

Mr. Son said:

"My petition pointed out that Article 88 is not clear, specific to the implementation and application in practice it is difficult to objectively and easily abused. Occupational function, I see problems where, under conditions permitted by law, I exercise. Hope there is a change, can not be changed immediately. It also depends on the attitudes and social attention to the issues that I raised. "

Practice in Vietnam shows the complaint, petition, and the petition letter of citizens have little hope of government response, but attorney Duong Ha emphasize that:

"Pursuant to Clause 3, Article 7 of the Law on Organization of the National Assembly in 2001, the National Assembly Standing Committee is responsible for interpretation of the Constitution, laws, and ordinances. They state wage to do this. Their obligation is to do. But they do not they will be held accountable to the state, the people. "

About the protection of human rights around the world several times accused Article 88 of the Vietnamese Penal Code violates citizens' right to freedom of expression and criticism that Hanoi abuse laws to stifle dissident voices with the state.

Recently, more and more people in Vietnam accused of violating Article 88 and the sentence also on a more heavy-handed. The latest 26-year sentence for three blogger Dieu Cay, Ta Phong Tan, and AnhbaSG for 'propaganda against the state' are aroused strong indignation wave in public opinion both inside and outside the country







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