Thứ Tư, 16 tháng 1, 2013

Article 88 of the Criminal Procedure Code of the State of the Socialist Republic of Vietnam completely contrary to the commitment of the Government of Vietnam to international on human rights




International Studies and the comments from the experts at home and abroad in the field of human rights that Article 88 of the Criminal Procedure Code of the Socialist Republic of Viet Nam and the interpretation and operation of a arbitrary unreasonably vague about saying on not only completely contrary to the commitment of the Government of Vietnam for International related to human rights, but also a great challenge to the International Community fact, for the moral conscience of the people and for the whole human world progress. True said Vu Quoc Dung, general secretary of the Association of International Human Rights (ISHR) most of the arrests and prison sentences for the Democratic activist and dissident voices in country contained hidden of Article 88 of "propagating against the regime" paradoxical above.

In fact, in Vietnam no one carry ideology or propaganda activities against the State, against the regime. In fact, all the things that people do for so long completely comes from the heart for the sake Community, National and Ethnic Minorities interests. People not against the regime, not against the State, but only propaganda against any wrongful act of the State leaders, who for personal gain went against the interests of the people and are heart trampled on the interests of the nation. Therefore, the leaders of the Communist Party and the State government Vietnam again and again to find ways to protect and cover up their misconduct, even citing the very reasons vague national security, even slanderous, fabricated and deliberately false information to draw sympathy from the public people to excuse, justify their misconduct in the management executive management and country.

At present, not only the people of the country do not agree with the wrong behavior and inhuman from the communist government of Vietnam that even the International Community is increasingly expressed dissatisfaction than before unruly behavior of the Vietnamese communist authorities to peaceful protest voices of the people after a series of arrests and convictions wrong recently as in the case Blogger Dieu Cay, Blogger Ta Phong Tan, two patriotic musicians  Viet Khang and Tran Vu Anh Binh, the patriotic young female student Phuong Uyen and 14 Catholic Youth patriotism of the diocese of Vinh Vietnamese Redemptorist ..... and so many other cases wrong more. The majority of arrests and convictions for the above cases are serious violations of the law and procedural law. And the only thing that people can see is more repression, and prohibiting, the resistance from people is increasing. This suggests that, in prison, arrested, imprisoned, or even the use of violence from the government can not suppress the desire smoldering capital Liberal Democrats in the hearts of the people so long. It is time for the Vietnamese communist authorities need to review yourself and, above all, to immediately cancel the unreasonable provisions in Article 88 and other provisions inadequate and full of adversity similar reasons in the Criminal Code of the Socialist Republic of Vietnam.


Article 88 of the Vietnamese Penal Code: "Intentionally creating a permanent fear"

Bộ Luật Hình Sự Việt Nam (DR)

Vietnamese Penal Code (DR)

Tú Anh

Vietnamese intellectuals at home and abroad to collect signatures calling for cancellation of article 88 of the Penal Code. Army newspaper on 13/01/2013 this is a conspiracy to remove regime by peaceful evolution. According to this argument, the United Nations Convention recognizes the right of citizens "protected mode" and higher human rights. RFI questions to Secretary-General of the International Association for Human Rights (ISHR) Vu Quoc Dung from Frankfurt, Germany.

Vũ Quốc Dụng, Tổng thư ký Hiệp hội Quốc tế Nhân quyền
Nghe (09:33)

Mr.Vu Quoc Dung, Secretary General of the International Association of Human Rights


Listen (9:33)

RFI: The Vietnamese intellectuals that Article 88 'stifling freedom of speech "and" dangerous for ", ISHR assess the elite like?

Vu Quoc Dung: Article 88 'Conducting propaganda against the Socialist Republic of Vietnam'' belongs to the chapter'' The trespassing national security'' of the Vietnam Penal Code (PC) is a tool of oppression political rather than a normal law. We have much evidence for this. First of all the words and the function of this book is very vague and not law in Vietnam for a thorough explanation.

Even lawyers in Vietnam and was arrested for the alleged violation of article 88. U.S. graduate lawyer Le Cong Dinh, Dr. French lawyer Cu Huy Ha Vu, a lawyer graduated in Vietnam Nguyen Van Dai and Le Thi Cong Nhan, Le Tran Law and the new good career as AnhBaSg Phan Thanh Hai and Ta Phong Tan could not understand Article 88.

This ambiguity makes the police, procuracy and the courts free to interpret arbitrarily to arrest and conviction. More than a hundred political prisoners in Vietnam today have more or less involved allegations of propaganda against the state. In the conclusion of the investigation, indictment and judgment of them we see always see hidden 88. The user charges to eventually sentenced them is another matter, but obviously they were not guilty with opposing views with the Communist regime in Vietnam. So it is 88 - that many cartoons has drawn two handcuffs No 8 locking lips Vietnamese - as a blade of Damocles hanging over everyone.

The arbitrary application of Article 88 that they did not know it would be rising and down time. Arrest them or treat them at the right of the police. International Association for Human Rights (ISHR) said that the draft a vague law 88 and the application of Article 88 of arbitrarily is a deliberate, intentional create a permanent fear and can not determine is an obvious way. It is this fear that stifle freedom of speech in all areas of media, information, media, internet, thought, religion, art, science, research and teaching in Vietnam, not only in politics and society.

So we see in the list of calling out 88 of the Penal Code and Decree 38 on 25/12/2012 recently signed by the representative very prestigious in all these areas . ISHR that these intellectuals are really afraid to see the legal judgment and recommendations on policy, the ruling apparatus may lead to their prosecution. Their collective voice will remind the government of Vietnam should revise outdated rules - especially the criminal law in the chapter "The offense of violating national security."

RFI: Vietnam international criticism of Article 88. So Article 88 violation of the right to freedom of expression under international law?

Vu Quoc Dung: Vietnam has signed the International Covenant on Civil and Political Rights (ICCPR) so everybody Vietnam and other nations in the world waiting for the Vietnamese government at the center and completely comply with the terms stated in it, including Article 19 on freedom of speech. United Nations and its mechanisms such as the Human Rights Committee is the committee responsible for monitoring the implementation of the ICCPR, as well as the Human Rights Council had loads of text to explain this. So finding clearly understood and applied correctly is not difficult.

We summarize the violation of Article 88. First, under international law, the right to freedom of expression includes two rights: the first is the freedom of the individual and the second is the right to freely express their views. Please take the example Pham Thanh was arrested while sitting in his home and in his hand a piece of paper write the word "Hoang Sa and Truong Sa of Vietnam, diplomatic protest sale of Pham Van Dong." Please click strong records began her study indicate she was arrested for holding paper sitting indoors. Bui Thi Minh Hang was arrested sent to a leaf for a hat and scarf are labeled "Hoang Sa, Truong Sa - Vietnam" in front of the church. The two sisters have been a serious infringement of the right to freedom of opinion, that under international law, is an absolute human rights, that is, a human rights can not be restricted or violated in any circumstances.

About the right to express their opinion, Article 19 of the ICCPR includes the right to seek, receive and disseminate all kinds of information while Article 88 prohibits propaganda, make, store, and distribute documents against the State of Vietnam . State of Vietnam is, what damage the interests, now is not clear. Dr. Cu Huy Ha Vu law requires confrontation with representatives of the State, is considered a victim in his case, but was not. Vietnamese police arrested those received from an unknown email address, accusing popular articles not found on the computer, and frequently cited by the articles and interviews on the media agencies with an international reputation.

Article 88 goes completely contrary with the spirit of Article 19 of the ICCPR and the right to freedom of expression is interpreted very clearly in the comment jurisprudence of the UN Human Rights Commission. Vietnam detention of citizens under Article 88 has been repeatedly condemned by the UN agencies, in particular, the UN High Commissioner for Human Rights and the Working Group on Arbitrary Detention of the UN Human Rights Council had to repeatedly intervene in the past year. Even the Special Rapporteur on Freedom of Speech of the UN not to visit Vietnam despite requests from 2002.

I remember during the consideration Periodic Report on Human Rights in 2009, the subject of violations of freedom of expression in Vietnam is subject to be many countries most critics. We need to know that Article 88 was born in 1999, that is, 17 years after Vietnam's accession to the ICCPR. Why then - in 1999 - and even now 88 not adapt to international treaties that Vietnam not legislated commitments to international and obviously do not care to implement the commitments .

RFI: Why national security is often the Vietnamese government put in place to limit freedom of speech. So why this plausible?

Vu Quoc Dung: The international law nor the notion that absolute freedom of individuals to Article 19 of the ICCPR also set limits. But these limits must be reasonable so as not to suppress the freedom of speech. International law that the limits are vulnerable to exploitation and abuse should have made very strict rules.

As stated above, Article 19 of the ICCPR does not allow limited freedom of opinion because it is an absolute right. For the right to express their opinion, Article 19 allows restrictions to protect national security, but forced out special rules to adapt to circumstances exception. First international law understand "the need to protect national security" is when there happens to be a state of emergency is really life-threatening the rest of the nation and the State officially announced a state of emergency. Second, in the relevant legislation, the purpose of the limitation must be clearly defined, the measures taken must be directly related to the purpose and extent of the measures must be commensurate with the extent destination yet.

Article 88 does not satisfy the above conditions. Vietnam has had peace for many years now and has never declared a state of emergency because of comprehensive national threat. Should be understood that the term "national security" is used in the Penal Code is the safety of the ruling regime and therefore is not the case for the application of the limitation under paragraph 3 of Article 19 of the ICCPR .

There is a previous post in The Army also raised political autonomy under the ICCPR to justify that the current political regime in need of protection. In international law the right to national self-determination related to political status in the international arena of a country, that is, 1 in 3 ways: Independence, colonial or protectorate;, not related to the political institutions of a country. The appearance of claiming the right to self-determination leading to the misunderstanding that the government reserves the right to handle people and not for any country to interfere.

RFI: Civil rights and obligations of the citizens to understand how the concept of human rights?

Vu Quoc Dung: Civil rights are the rights of those who have the nationality of a country and the Constitution and laws of that protection. Human rights are human rights, because they are valuable to everyone everywhere in the world, and the international legal definition and protection. General rights of citizens are not allowed to conflict with universal human rights. If there is a conflict or difference possible human rights violations.

In this case, if the country is a member of an international convention, the monitoring mechanism of the Convention will consider the case of violations. If you do not participate in any conventions and serious human rights abuses, Human Rights Council and its mechanisms still conduct a review. For civil rights should not be separated from human rights and a nation can not arbitrarily which handles its citizens. Argue that every country has criminal jurisdiction over citizens of its own law is true, if the law and the trial does not violate international human rights law, and wrong if they violate international human rights law.

In this regard, Article 29 of the International Declaration of Human Rights, to the mutual obligation between citizens and the State. Accordingly, citizens have obligations to "the community in which they can develop freely integrity and his personality" of the legitimate limits of a democratic society . So here the problem civic obligations set only when the state must also fully complete the task of ensuring the human rights of citizens.

In general, the article written about human rights in the Army often deliberately undercut this site, assembly concept and there to advocate for individual human rights stance of Vietnam. Doing this will make Vietnamese people misunderstand the international human rights law and more difficult for Vietnam to integrate with international human rights.


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