Thứ Tư, 5 tháng 2, 2014



                            THE TRUTH - JUSTICE - LOVE 

Do Minh Tuyen

Where's Human Rights of Vietnam people ...? That is what the International Community is now want to know ... and will know through the Universal Periodic Review Human Rights (UPR) of Vietnam on 05-02-2014 upcoming in Geneva (Switzerland). However, it is only for the International Community ... separately also for the people of Vietnam, the answer seems to be available and present daily and hourly in a country which is considered the "Socialist Paradise" ... oriented communist ideology and Ho Chi Minh Thought ... under the leadership of the party leaders and the communist government in Vietnam today. A Freedom country of Vietnam  of really mean exactly  ... While government leaders freely behaving according to his will despites the law, the constitution and despites even to international law ... while people are completely free to choose how to live as well as his life ... that's "Jail" ... or meekly accept current life ...! 

Reality shows ... human rights that  have been shaped by the world seems having only in the dreams of people in Vietnam . Although right the leaders of Vietnam Communist State have commited ... although right the hand of leader of this communist country has signed from these documents to other documents ... from these conventions to other conventions ... and even was elected to a seat on the Human Rights Council of the United Nations ... but real, human rights in Vietnam are still always only present on paper and lie in the mouth of the leaders of Vietnam's communist state. The Independent Journalist, Dr. Pham Chi Dung recently been hampered by authorities not allow to Geneva Switzerland to attend the hearing at the invitation of UN Watch, a Non-Governmental Organization with  oversight function for human rights and democracy under the United Nations ... while the right to freedom of movement, including the exit right of citizens ... which has been the law and constitution of Vietnam as well as international law provisions, recognition and protection. 

The exit of Journalists Pham Chi Dung to Geneva Switzerland is under the witness and strong backing from the UN, including the U.S. State Department ... that Vietnam still blatantly forbid ... then the incident happened in the country without  the witness and supervision of International Community ... the fate of the people is how probably everyone understood well . Brazen, brutal and dirty ... That is the inherent nature of the communist regime in Vietnam, but not probably the people of Vietnam and the International Community with no any available workarounds and forever to  watch the Vietnam communist authorities go from this mistake to other mistakes ... ? It is time for the International Community needs to pay attention and more pressure, more powerful force on the Communist government of Vietnam to force them to strict observance of all their commitment with International involving Human Rights in Vietnam ... as well as proper conduct and their responsibilities as a member of the Human Rights Council of the United Nations today. And the people of Vietnam, let's be as a bridge strongly denounce and expose the misdeeds and acts of human rights abuses by the regime ruling communist Vietnam currently before the public . 


Journalists Chi Dung Pham complains for his exit blocking

VRNs  (02/05/2014) - Saigon - Today, from Saigon, independent journalist Pham Chi Dung has sent a complaint letter to the prime minister Nguyen Tan Dung and other gentlemen in government directly responsible in blocking His exit to Geneva . 

Letter VRNs please repost this complaint was Lanney Tran Facebooker, let you get understanding well. 
To: Excellency Nguyen Tan Dung - Prime Minister 
Cc: Excellency Pham Binh Minh - Deputy Prime Minister and Minister of Foreign Affairs 
Mr. Tran Dai Quang - Minister of Public Security 
Ho Chi Minh City February 5, 2014 

After the exit blocked at Tan Son Nhat airport on 01/02/2014, until now I still could not dare really doubt that the people in political circles of high-level Vietnam government has sought to "silence" of me - as phrases that UN Watch (Organization and supervision of the UN human rights) condemned a day after the incident occurred. 
However, public opinion in some independent observers and the "not free" in Vietnam said that did not exclude the possibility that the intervention has quietly had a rude existing power immediately inside the ruling party and the state - those groups that can by reason and not lack of delicate complex domestic and political obsessions nice calming wisdom from a northern regime, has often find to suppress the voice of a group of people are eager spirit snuggled further to the West. Even the perception of "northern group", a kind of institutions such as the Economic Partnership Agreement on the Trans-Pacific (TPP) is not necessary or should be prevented. 
The case prevents the exit for me happened just ahead of the Universal Periodic Review of Human Rights in Vietnam (UPR) in Geneva took place on 05/02/2014. On the sidelines of the UPR, UN Watch organized I was invited as speakers and discussion contributions - activities considered as one of the basis for the Human Rights Council of the United Nations to consider the report "done 80 % requirements of the UN human rights "by Foreign Minister Pham Binh Minh declared, as well as the justification" always take care and ensure human rights "by the Vietnam State manifesto. 

Here are the main contents of the complaint letter: 

I. Despite the movement's enthusiasm and willingness Office of the High Commissioner for Human Rights United Nations, U.S. State Department and the international community for the Ministry of Foreign Affairs of Vietnam, my trip to Geneva on 1/2 / 2014 from Tan Son Nhat airport management was the Immigration Department of the Ministry of Public Security and security agencies under the  Police. Ho Chi Minh city stopped, and make a record to seizure of my passport. 
Whatever the reason for "personal checks on passports", but the security officer airport gate immediately used power stripped force my mobile. Then, in an isolation room, a security officer in plainclothes introduced himself as Duc, officials of the Bureau of Public Security PA81 HCM City have reported to me by mouth that I was not leaving because "workshop in Switzerland is the advantage of enemy forces to distort and defame the State of Vietnam ". 
I was amazed to the notice by mouth as above . I really doubt that the security officer did not hear of the State of Vietnam has been approved to participate in the Human Rights Council of the United Nations with the overwhelming proportion of the votes to 96% - as a nation Join the community on the progress the world almost absolute expectation in what is considered the "heart of politics." 
Before prevent unreasonable actions of the security agencies, I could not shake off the mood to be questioned about what is considered "not false" involving 14 commitments that Vietnam State has raised before The UN General Assembly in Aug 2013 and the UPR early Feb 2014. 
One of the key requirements of the Human Rights Council of the United Nations for human rights in Vietnam UPR is the participation of civil society, and UN entirely encouraging civic groups and individuals of Vietnam like me to attend the nature of real criticism that is not  this fake. 
But the reality in Vietnam right exit to the differences with the government's commitment to the citizens of the right to travel. In mid-January 2014, a blogger in Ho Chi Minh city is Thanh Nguyen had been security agencies gate stop flights to the United States, though this blogger was the U.S. consulate visa. 
According to Nguyen Thanh blogger, the security agencies only give a very vague reason to stop is to "protect national security and social order and safety '. 
According to preliminary statistics of democracy activists and human rights in Vietnam, from early 2013 to now, there are about 10 cases of individuals being blocked at the exit gate, similar to my case. 
There is also information among democracy activists and human rights in Vietnam, said that currently exists a list of up to about 2,000 people with security agencies prohibit exit, in many cases it belongs to prevent the former prisoners of conscience and those who dissent. 
On 03.02.2014, the Association of those who has banned exit was established as an independent peer group in Vietnam. The list is incomplete, but this opportunity can provide that at least 40 people, but because of political dissidents and security agencies were not permitted to leave Vietnam or confiscated passport ... 
II. Ahead of UPR took place on 05.02.2014 in Switzerland, acting security agencies Vietnam to prevent the exit for I have seriously violated the right to freedom of movement of citizens - are recognized in Article 12 of the International Covenant on Civil and Political Rights, which Vietnam has participated since 1982; serious violations of Article 23 of the Constitution of Vietnam 01.01.2014 effective from the date by which "Citizens have the right to freedom of movement and residence within the country, have the right to go abroad and from foreign countries. The implementation of this authority prescribed by law ". 
As a citizen, I do not violate any provision of the immigration law in Vietnam. While police record gate of Tan Son Nhat said that "discovered Pham Chi Dung was not permitted to leave at the request of police in Ho Chi Minh City", I have never been security agencies TP . Minh notified personally do not allow exit. 
Contrary to the 166/BB-A72-TSN Minutes dated 02.01.2014 of Police Tan Son Nhat gate to quote suggestion Police in Ho Chi Minh City not allow me for exit based on Decree No. 136 / 2007/ND-CP dated 17/7/2007 of the Government, I have not violated any content of Article 21 of Decree 136/2007/ND-CP, according to which: "The people of Vietnam in the country is not exit in one of the following cases: 

1. Prosecution or criminal liability related to criminal investigations. 

2. Being obliged to execute the criminal. 

3. Being obliged to execute civil judgments, economic, waiting to resolve civil disputes, economics. 

4. Are obliged to abide by the decisions of administrative sanctions, tax obligations and other financial obligations unless otherwise expensive set of assets or other measures to ensure that the obligation to perform . 

5. For reasons of preventing the spread of dangerous diseases. 

6. For reasons of national security and social order and safety. 

7. There are administrative violations of immigration under the provisions of the Government ". 

From another perspective carpentry, Point 3 of Article 12 of the International Covenant on Civil and Political Rights stating these rights would "not be subject to any restrictions, except for the limitations prescribed by law and are necessary to protect national security, public order, health or morals, or the social freedoms of others, and must be consistent with the other rights recognized by this Convention. " As Article 12 of the Constitution provides that "the Socialist Republic of Vietnam ... compliance UN Charter and international treaties which the Socialist Republic of Vietnam is a member ...". 
Thus, the limited freedom of movement must be prescribed by law, Decree 136/2007/ND-CP which is not legal and can not be invoked this decree to prevent  me or any other citizen for exit. 
Join as applicable Decree 136/2007/ND-CP action prevents me exit also have violated the procedures provided therein. Paragraph 1 of Article 22 of the decree stipulates the authority to decide not allow citizen exit as follows: only agency investigation, procuracy, courts or enforcement agencies may decide not allow exit under paragraphs 1, 2 and 3 of Article 21; minister and president of the People's Committees of provinces and cities decisions not allow exit according to clause 4 of Article 21, the Minister of Health in accordance with paragraph 5, the Minister of Industry Security pursuant to paragraph 6, and the heads of the Immigration Administration - Ministry of Public Security decided not allow exit for those referred to in paragraph 7 of Article 21. 
"Recommendations of the police in Ho Chi Minh City," as quoted in the minutes 166/BB-A72-TSN (mentioned above) is not the decision of the Police in Ho Chi Minh city (in this case The Ho Chi Minh City police also did not have jurisdiction, but only the Minister of the competent police). But the decision sign not allow exit in the record is Lieutenant Colonel Pham Quoc Hung, deputy head of the border police station at Tan Son Nhat. Therefore, the decision stated in the minutes of 166/BB-A72-TSN is a complete administrative decision is unlawful. 
III. Action to prevent the exit for people like me have a lot worsening picture of the State of Vietnam in the eyes of the international community, can not prove lively and more updates of the Socialist Republic of Vietnam - a newly elected member of the Human Rights Council of the United Nations - has blatantly violated the commitments of the UN human rights violation of international conventions to which Vietnam is a party and violated the constitution of this state. 
In this case, I absolutely have rights and can sue police in Ho Chi Minh City was illegal because not allow me exit. And I also absolutely have the right to sue the Socialist Republic of Vietnam before the Human Rights Council (HRC) of the United Nations on this violation, similar to the conditions for state Peltonen Finland (code No. 4922/92) or state events Celepli for Sweden (number 456/91) ... 
Also in this case, I will ask the HRC considered strictly require the Government of Vietnam punish severely delinquent behavior, respect for international conventions, to respect the constitution of this state and to take measures not occur due to the same crime for any citizen of Vietnam. 
The case prevents the exit for I imbedded with many topics of human rights of people living in Vietnam, civil rights and politics remain deeply regressed, despite so many promises "will improve "from the state of contemporary Vietnam always profess" of the people, by the people and for the people ". 
Vietnam's contemporary had suddenly flashed glimmer of hope by the first message of the Prime Minister with 20 times the word "democracy" is invoked, and the concept is only a temporary seal reform as "innovation can processing "," exclusive deleted ", and especially the phrase" grasp the banner of democracy "and" people are doing everything not prohibited by law. " 
If what is regarded as "the political center" should and must be presented at the right time and no chance for the delay, that attitude needs to break down barriers and overcome conservatism and extremism, not to force any party seeking to impede the path of integration of ethnic integrity Vietnam to the world, especially integration and reconciliation of human rights. 
05.02.2014 Today, on the day of the UPR on human rights in Vietnam took place in Geneva, I official wrote an "Letter complaints about preventing  Pham Chi Dung citizen exit" sent to HE Mr. Nguyen Tan Dung - Prime general government and the relevant agencies are the Ministry of Foreign Affairs and the Ministry of Public Security of Vietnam. 
On the basis of the International Convention on Civil and Political Rights, 14 commitments of the State of Vietnam before the General Assembly of the United Nations Human Rights Council, as a member of the UN Human Rights Council of State Vietnam , the Constitution and related documents of Vietnam on immigration, I suggest, I personally and cases like my case must be solved by State Vietnam procedures for entry and exit and a respected civil rights, not being harassed or insulted by any act arbitrarily or illegally from any regulatory body. 

February 5, 2014 

Pham Chi Dung 
Independent Journalist 

Address: 298/4 Nguyen Trong Tuyen, Ward 1, Tan Binh District, Ho Chi Minh City 

Bản Tin                                                         

'Article 79 and 88 shall apply arbitrary' 

Update: 14:44 GMT - Tuesday, 4 months 2, 2014 
Speaking in Geneva, lawyer Ha Huy Son expressed concern about how to apply the rules 79 and 88 of the Penal Code (PC) and said he had been threatened. 
Attending the seminar on Vietnam's Responsibility in role of member UN Human Rights Council on Thursday 02/04/2013, Lawyer Son talks about the difficulty in representing clients before the courts in Vietnam.
"My lawyer's role is very limited. Article 79 and 88 restrict the protection to those arrested. No one that I legal representative is declared innocent. 
"Some cases are released immediately in court but still subject to probation or house arrest, or deprived of certain civil rights. 
"In Vietnam, the reality of the new Constitution in 2013 that state power is unified, including as legislative, judiciary and executive are not independent. 
"Therefore the opinions of lawyers and those arrested are not considered objective and hard court facility independent of the defendants," the lawyer said Son.
"Subjective and arbitrary" 
"The contents of the two Articles 79 and 88 and the rules are not clear and specific citizen Vietnam is very difficult to determine where the boundaries of citizenship rights and where the state acts prohibited"
Lawyer Paints also commented on the limited follow-up trial of his client. 
"For crimes trial of 79 and 88 said the hearing is public but in fact it's secret trial and relatives in many cases not allow be present in court. 
"The contents of the two Articles 79 and 88 and the rules are not clear and specific citizen Vietnam is very difficult to determine where the boundaries of citizenship rights and where the state acts prohibited. 
"So the fact so should the agency conducting the proceedings is easy to apply this two these Articles subjective and arbitrary. These two Articles limiting citizenship by the Constitution of Vietnam regulations. 
"In the court the opinion of  the accused and lawyer is usually not jury note their views and generally often concurred with the views of the Procuracy," Son said the lawyer. 
"Be Threatened" 
"Sometimes I caught the error and recalled and caused personal difficult. When making the case also receive phone calls, text messages threatening."
Lawyer Ha Huy Son also describe what he called "not implemented fully entitled to attorneys at law provisions." 
"Sometimes I was caught the error and recalled and caused personal difficult. When making the case also receive phone calls, text messages threatening. 
"I can not verify who's the culprit is and there is no evidence to report to state agencies to for getting their protection. 
"When protecting the accused arrested for article 79 and 88, I was shunned by society because of exposure to the lawyers as us they fear suffer. 
"The people have the right to benefit from the state apparatus and the customer demand for legal counseling also afraid because if I become a lawyer, they will not be treated fairly. 
In response to questions that he had mentally prepared when returning Vietnam after the Geneva event, Paint lawyer says
"The presence I have in there has been a concern of the government and I also told them that I would come here and talk about the reality of the law of Vietnam and the fact his career has gone through. 
"I hope through the contact would have better things with my career and if possible I would like to have better things for the country of Vietnam." 
Mr. Ha Huy Son lawyer each real-time and work in the lawyer's office and Cu Huy Ha Vu protections for the accused characters offenses under Article 88 and Article 79 of the Penal Code. 
In November 2013, Son attorney sent letter to object about he was not allowed participating in the General Assembly Hanoi Bar Association. 
LS Son's Letter writing: "I vehemently object behavior defamation, seriously violated the rights and lawful interests of lawyer's managing lawyer VIII term of Hanoi City." 
"I request the Chairman of the Committee of Hanoi City Bar Association publicly apologize." 


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