The People's Supreme Inspectorate
The People's Inspectorate of Hanoi
No. 31/KSDT-AN
Socialist Republic Of Vietnam
Independence - Freedom - Happiness
Hanoi, August 06, 1996
Legal Charges
The Director of the People's Inspectorate of Hanoi
- based on Article 141, 142 of the Criminal Litigation Laws,
- based on the decision to prosecute the criminal law suit number
02 of December 08, 1995, and the decisions to prosecute defendant
number 03 and 04 of December 11, 1995 and number 05 of January
02, 1996 by the security investigation office of Hanoi Public
Security against Le Van Quy, Nguyen Xuan Tu, and Nguyen Thanh
Huyen for deliberate disclosing of state secrets under article 92
of the Criminal Laws.
Based on the investigation result, the followings have been determined:
On December 04, 1995, Public Security of district Hang Bai, ward Hoan Kiem, Hanoi discovered, recorded, and caught Nguyen Xuan Tu red-handed in commandeering state secret documents and holding in Nguyen Xuan Tu's handbag 2 (two) copies of the document sent by Prime Minister Vo Van Kiet to the Politburo, dated August 09, 1995 and classified as "Top Secret"; 1 (one) copy of a document by the Associates Group, dated October, 30, 1995 and stamped "Secret"; and 39 (thirty-nine) other documents (exhibit 34 - 35).
The investigation office of Hanoi Public Security decided to prosecute this law suit and delegate authority to the security investigation office of Public Security of Lam Dong Province to search the residence of Nguyen Xuan Tu at 4E Bui Thi Xuan Street, Da Lat City. [Lam Dong Public Security] confiscated 32 (thirty-two) computer disks, 01 (one) video tape, 03 (three) cassette tapes, 01 (one) typewriter Olympia, and 265 (two hundred and sixty-five) other documents (exhibit 49 - 50).
At the investigation office, Nguyen Xuan Tu confessed: in late November 1995, Nguyen Xuan Tu was in Hanoi and stopped by the house of Nguyen Thanh Huyen. Upon hearing Nguyen Thanh Huyen's mentioning of comrade Vo Van Kiet's document to the Politburo, dated August 09, 1995, Nguyen Xuan Tu asked to borrow. Nguyen Thanh Huyen agreed and gave Nguyen Xuan Tu 01 (one) photocopy of the August 09, 1995 document. Since the document was stamped "Top Secret" and cannot be photocopied at an unacquainted print shop, Nguyen Xuan Tu asked Vu Huy Cuong at 52 Ba Trieu Street, ward Hoan Kiem, Hanoi to make another photocopy. This new copy had a number of illegible words and paragraphs. Nguyen Xuan Tu and Vu Huy Cuong then compared and manually retraced [these sections] (Exhibit 216 - 237). Vu Huy Cuong admitted he and Nguyen Xuan Tu retraced the blur words but did not photocopy the document (Exhibit 256 - 260).
In depositions 187 to 215, Nguyen Thanh Huyen confessed: In mid-November, 1995, Nguyen Thanh Huyen visited Le Van Quy at 62 Ngo Quyen Street, ward Hoan Kiem, Hanoi. Le Van Quy gave him 01 (one) copy of the document, dated August 09, 1995. Later, Nguyen Thanh Huyen made another photocopy so he could return Nguyen Van Quy the first copy and still had one for himself. When Nguyen Xuan Tu visited, Nguyen Thanh Huyen handed Nguyen Xuan Tu the August 09, 1995 document. On December 05, 1995, Nguyen Thanh Huyen voluntarily turned in the remaining copy to the investigation office (Exhibit 27).
On December 06, 1995, the security investigation office of Hanoi Public Security executed urgent arrest and search of Le Van Quy's residence at 62 Ngo Quyen Street, Hanoi. The investigation office confiscated 2 (two) copies of a document by the associates group, dated October 30, 1995 and stamped "Secret", 1 (one) cassette tape, and 71 (seventy-one) other documents.
In the confession record of December 6 and 9, 1995 at the investigation office, Le Van Quy admitted in early November, 1995, he received the document by Prime Minister Vo Van Kiet to the Politburo and read it. He, however, did not remember who gave it to him, who he subsequently gave the document to, and whether he gave a copy to Nguyen Thanh Huyen (Exhibit 99 - 104).
Mr. Vu Minh Ngoc at 249, Public Housing 1 Nam Dong, ward Dong Da, Hanoi confessed: on December 02, 1995, Mr. Ngoc visited Le Van Quy and was briefed on the content of the document by Prime Minister Vo Van Kiet to the Politburo, dated August 09, 1995. Later Le Van Quy gave Mr. Ngoc a copy of this document. After reading the document, Mr. Vu Minh Ngoc realized that this was a state secret so on December 11, 1995, he turned in the document to the Public Security office (Exhibit 63). After examining the copies the security investigation office obtained from Nguyen Thanh Huyen, Nguyen Xuan Tu, and Vu Minh Ngoc, the Crime Lab of Hanoi Public Security, in its memorandum number 590/KTH, dated December 30, 1995, concluded: these 04 documents were created by photocopying and from one document (Exhibit 79).
In Exhibit 108, 133, 134, 138, 139, 185, 186, 240 to 245, Le Van Quy changed his confession. He only admitted of accidentally reading the document at some conversation. He also denied the confessions by Nguyen Thanh Huyen and Vu Minh Ngoc. However, based on the confessions of Nguyen Xuan Tu, Nguyen Thanh Huyen, and Vu Minh Ngoc, the original confession of Le Van Quy, the evidences confiscated, and the result of the examination of the evidences, Le Van Quy did distribute the August 09, 1995 document to Nguyen Thanh Huyen, Vu Minh Ngoc. And Nguyen Thanh Huyen distributed the above document to Nguyen Xuan Tu.
The characteristics of the document dated August 09, 1995.
On December 23, 1995, the State Office issued the memorandum number 303/KTH concluding that after comparing the appearance and the content of the copies of the document by Prime Minister Vo Van Kiet to the Politburo dated August 09, 1995 obtained by the investigation office against the archived copy at the State Office, they are the document by Prime Minister Vo Van Kiet, classified under state secrets at level Top Secret as regulated by item 1, section II, article 5 of Directive number 338/Ttg on June 29, 1994 by the Prime Minister regarding the storage of state secret documents by the State Office (Exhibit 71). Therefore, there is basis to assert that the document by Prime Minister Vo Van Kiet, dated August 09, 1995, is a state secret document.
Based on article 57 of the Criminal Litigation Laws of the Socialist Republic of Vietnam, article 3 of Legal Directive on protection of state secrets, article 7 of Regulations on protection of state secrets, and State directive 84, the security investigation office handed over the 4 copies of the document by Prime Minister Vo Van Kiet, dated August 09, 1995 to the State Office for storage and protection (Exhibit 82).
Under the execution of the arrests and searches against Nguyen Xuan Tu and Le Van Quy, the investigation office also obtained 3 (three) copies of a document by the associates group, dated October 30, 1995 and a number of other documents. Since there are indications of other criminals involved, the investigation office decided to keep them separate for later investigation (Exhibit 95). Based on the above-mentioned documents and evidences, there is enough basis to
Conclusion
The document by Prime Minister Vo Van Kiet, dated August 09, 1995 is state secret document.
Defendants Le Van Quy, Nguyen Thanh Huyen, Nguyen Xuan Tu, upon receiving state secret document, did not report to the authorities, but held on to read, recite the content, photocopy, and distribute the document to others.
The legal biographies of the defendants are as follows: <
1. Le Van Quy: Other names: Le Hong Ha, Le Quang Hoa. Born: January 06, 1926 in Phu Ninh, Soc Son, Hanoi. Residence: 62 Ngo Quyen Street, Hoan Kiem - Hanoi. Occupation: retired government worker. Nationality: Vietnam. Ethnicity: Kinh. Religion: none. Son of Le Van Ri (deceased) and Pham Thi Nha (deceased). Wife: Duong Thi Thoa (aka Le Thi), 70 years old, working at the national center for social studies, having two grown up children. Previous convictions and sentences: none. Arrested on: December 06, 1995. Order for temporary detainment issued on December 12, 1995. Temporarily held in Hanoi B prison camp.
2. Nguyen Thanh Huyen: Other names: Nguyen Kien Giang. Born on: January 22, 1931 in Tan Ninh, Quang Ninh, Quang Binh. Residence: Plastic Bags Co-op Manufacturing (X80), Group 58, Linh Quang, district Van Chuong, Dong -Da, Hanoi. (holding resident-registration for 91 Tue Tinh Street, Hanoi). Occupation: retired government worker. Nationality: Vietnam. Ethnicity: Kinh. Religion: none. Son of Nguyen Trung Tham (deceased) and Tran Thi Hong Diem (deceased). Wife: Nguyen Thi Xuan Lan, 66 years old, retired government worker. Having 6 grown children. Previous convictions and sentences: from October 1967 to February 1973 under controlled re-education; from February 1973 to January 1975 under house arrest in Thanh Ba, Vinh Phu. Currently out of jail.
3. Nguyen Xuan Tu: Other names: Ha Si Phu, Tu Xuan. Born on: April 22, 1940 in Song Ho, Thuan Thanh, Ha Bac. Residence: 4E Bui Thi Xuan Street, district 2, Da Lat, Lam Dong. Occupation: retired government worker. Nationality: Vietnam. Ethnicity: Kinh Religion: none. Son of Nguyen Xuan Bui (deceased) and Nguyen Thi Ba (deceased). Wife: Dang Thi Thanh Bien; having a 21 year old child. Previous convictions and sentences: none. Arrested on: December 04, 1995. Order for temporary detainment issued on December 11, 1995. Temporarily held at Hanoi B prison camp.
The crimes committed by defendants Le Van Quy, Nguyen Thanh Huyen, and Nguyen Xuan Tu is deliberate disclosure of state secret as defined in section 1, article 92 of the Criminal Laws of the Socialist Republic of Vietnam. Section 1, article 92 of the Criminal Laws states "Anyone deliberately disclose state secrets, if not belonging to cases in article 74 and article 80, shall be punished to two to seven years in prison."
On these reasons,
Decision,
Prosecute defendants Le Van Quy, Nguyen Thanh Huyen, and Nguyen Xuan Tu, whose biographies listed above, in front of people court of Hanoi to be tried according to the abovementioned crimes and legal definitions.
Attached are files, numbered from 01 to 296.
Authorized by the Director of the People's Inspectorate of Hanoi Inspector Vu Thi Duc (Signed and sealed)