Ha Si Phu Submitted Complaint Against the Government

Following the letter dated May 19, 2000 by Hoang Minh Chinh, Pham Que Duong, Nguyen Thanh Giang, Hoang Tien and Tran Dung Tien revealing the search of Ha Si Phu's residence by Public Security cadres and the government's charge of treason on him, many individuals and organizations around the world have voiced their strong objection to the government of Vietnam. Hanoi, however, continues to ignore these protests and press on with its policy of severe domestic oppression.

In the Decision 07/QD dated May 10, 2000 and signed by the Chief Investigator of the Public Security of Lam Dong province, Colonel Nguyen Van Do, the charge of treason imposed on Ha Si Phu was based on "Article 72 of the Criminal Code of the Socialist Republic of Vietnam". However, in the criminal laws currently enforced across Vietnam, the Criminal Code of 1999, Article 72 does not refer to treason at all. The Public Security of Lam Dong were using the obsolete pre-1999 criminal laws to make charges even in this high-profile case; Let alone their dealing with other ordinary people in the province. This fact, once again, demonstrates how serious the government of Vietnam is with the legal system.

Upon receiving the above Decision, on May 19, 2000, Ha Si Phu submitted his complaint to the Head of State Tran Duc Luong, Chairman of the National Assembly Nong Duc Manh, Head of the Supreme People Inspectorate, the People Inspectorate of Lam Dong, and Nguyen Van Do.

In this letter, Ha Si Phu revealed the reason for the recent government's attack: " After many days of interrogation - from April 29, 2000 on without ending in sight, I finally understood the current house search and prosecution are related to the following matter. On the occasion of recent New Year, two people from two Vietnamese newspapers in France sent me a letter via the computer of a friend of mine in Da Lat, Mr. Mai Thai Linh (the former Vice-Chairman of the People's Committee of Da Lat City). In this letter, they invited me to sign on to a joint statement about democracy. They called this the 2000 Covenant. I responded with 2 letters, explaining my refusal to sign that document. I also sent an article about the New Year matching poetic verses. The 2 letters and the verses were sent over the Internet through Mr. Linh's computer."

Regarding Decision 07/QD, Ha Si Phu wrote :

" I am a person with independent thinking. I am willing to exchange my views with anyone but refuse to join any political activities or political organizations ... I could not help but feeling both surprised and rueful about the above charge. Article 72 describes one the most serious crimes which could result in the highest punishment of death. However, I am still at peace thinking of that possible eventuality."

" I am grateful to the People who gave me the education to become a rational person. In the last several years, I have wrought out all of my limited thinking capability [in my writing] to pay back my debt to the People and the Nation of Vietnam despite the hardship I knew I would have to endure along the way."

" I am now 61. Either receiving the death sentence or living as I did in the last 5 years under the tense atmosphere of constant surveillance in addition to imprisonment, house searches without warning, phone disconnection, public denouncement (in 5 years: 3 house searches and confiscation of my 3 personal computers and all of my writings and many mementos), is there much difference between the two options? As long as the products of my thinking remain useful to this life, that is enough for me."

Meanwhile, various Vietnamese and international organizations around the world have voiced their objection to Hanoi's renewed attack on Ha Si Phu. Among them are the Human Rights Watch, the American Association for the Advancement of Science, the International Freedom of Expression Exchange, the Canadian Journalists for Freedom of Expression, the New York Academy of Sciences' Committee on Human Rights, and many elected officials in the US, Australia, and Europe. Details were reported in the June issue of the Vietnam Democracy Newsletter.

The effort to bring the case of Ha Si Phu to the attention of the world community continues.

On June 28, 2000, Mr. Dang Quoc Sung, representative of the Free Vietnam Alliance in Australia, led a delegation to meet with Senator Vicky Bourne, Senator Helen Coonan, and Minister Philip Ruddock to discuss the necessary measures to intervene on behalf of Ha Si Phu. One of the actions to be taken will be a request to Foreign Minister Alexander Downer to raise the issue directly with the leaders in Hanoi.

Also in June 2000, the Vietnamese Community in Canada has organized a writing campaign to the Minister of Foreign Affairs Lloyd Axworthy, asking the government of Canada to condition all economic assistance and diplomatic relations with Vietnam on progresses in the human rights area in this country.

In France, Senator Michel Pelchat, Chairman of the French Committee for Democracy in Vietnam, sent letters to Vietnam's Prime Minister Phan Van Khai and Minister of Interiors Le Minh Huong on July 3, 2000, strongly protesting the government's charge against Ha Si Phu.

In Germany, the Vietnamese Democrat Association of Berlin and Brandenburg organized a petition drive on July 1, 2000, asking the Hanoi government to end immediately all attacks on Ha Si Phu and his family. The campaign was enthusiastically supported by both Vietnamese and German local residents and the visiting tourists.


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