Writer Hoang Tien is a close friend of Ha Si Phu despite their great difference in age. Like Tieu Dao Bao Cu, Hoang Tien voiced his protest against the government's arrest of Ha Si Phu, with the full knowledge that government retaliation could come at any time. Following is the latest open letter by Hoang Tien on the arrest of Ha Si Phu and the state of "justice" in Vietnam today.
I am a friend of Ha Si Phu. The arrest and the trial of Ha Si Phu on August 22, 1996 were not reported by the press. The whole incident was mentioned in a few lines as ordered from above. So I consider it my duty to present what I know about the trial of Ha Si Phu. And while on this topic, I will say a few things about the rights to freedom and democracy in our country.
Near the end of November 1995, Ha Si Phu left Dalat for Hanoi to visit his relatives and friends. On November 29, 1995, I was summoned to Public Security station of district Thanh Xuan Bac (where I live) and interrogated on the trip by Ha Si Phu and his writings. I later left the station, indignant of these Public Security cadres' insolence. I sent several complaints to higher authorities on their behavior.
Around noon on December 4, 1995, by chance I saw Ha Si Phu bicycling on Tran Hung Dao street and quickly warned him of my interrogation and the constant Public Security surveillance on him.
... (Ha Si Phu disappeared on that day. His relatives in Hanoi searched for him first at Public Security offices and later at the state television station service to look for missing persons. The Public Security denied any knowledge and the television station returned the fee for the service order citing lack of approval from Public Security. Several newspapers also refused to help for similar reason.)...
A few days later, foreign radio broadcasts announced the news of Ha Si Phu's arrest. Domestic press continued its silence. People dared not even talk about his arrest. His friends, including myself, were fearful of being the next in line. I prepared my backpack, gave instruction to my children of the eventual visit by Public Security cadres. The atmosphere reminded me of the memoir of Erenbourg in the era of Stalin. Erenburg always kept a small briefcase ready...In a country without freedom of expression, freedom of the press, anything can happen.
Ha Si Phu's writings have awakened quite a few people's conscience. None of his three articles, "Hand In Hand, Walking Under the Sign of One's Intellect", "Some Reflections of a Citizen", and "Farewell to Ideology", were printed by the state press. They were privately copied and circulated. He analyzed the world situation, Vietnam's situation, and the blunders of Marxism...Most of these topics rubbed the leaders in the wrong direction. Ha Si Phu was honest and exercised his civil rights in presenting his views on the fate of the country. He openly sent these writings to the highest leaders of the country, the media, and his friends for their comments. His heart was clear and his mind was bright. He hid nothing and violated no laws. They arrested him nevertheless.
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According to the law, temporary detainment is not allowed to be longer than three days. Lieutenant Colonel Vu Hien signed the order to temporarily detain Ha Si Phu for the charge of "commandeering state secrets". The three days of temporary detainment turned into nine months before the trial took place at the Hanoi court.
I was lucky enough to attend the trial. The charge of "commandeering state secrets" was turned upside down by Ha Si Phu at the trial. While he was riding toward the lake, two men on a motorcycle hit his bicycle from behind and sent him to the ground. His handbag fell off. Someone tried to snatch it away. When he screamed "Robber, Robber!", Public Security cadres jumped in and escorted everyone to their station in Hang Bai. They demanded to search his bag. When he asked why, the answer was to see if he lost anything. He said he had lost nothing yet, but the search went on anyway. They then took two photocopies of the letter by Mr. Vo Van Kiet to the Politburo, dated August 9, 1996 and stamped "Top Secret."
So using a motorcycle to hit and then rob people is not a crime, but the means to build the charge of "commandeering state secrets." It is both strange and humorous to see these antiquated techniques by Hanoi Public Security.
...
At the trial, all three defendants and their three lawyers were excellent in their reasoning. The most important items in a trial, evidence, were not allowed to be present. The government official that certified the document as state secret was not at the trial either. The lawyers insisted nobody and no state offices could declare the secrecy of the document. It was the job of this court to decide that based on the current laws. Defendant Le Hong Ha admitted of having read Mr. Vo Van Kiet's letter and so asserted that the letter content did not fit any of the seven elements constituting a state secret as stated in the laws. The letter addressed directions of the economic development, the state of the public economic sector, the private sector, and how to reconcile them. All of these discussion was later turned into drafts and sent to the public for comments. What is secret about that!
Ironically, the court forbade discussion on the content of the letter. Judge Nguyen Son insisted on the "Top Secret" stamp and the certificate from the government office. It was quite difficult for the attorneys. The document was clearly a personal letter by Vo Van Kiet to other members of the Politburo of his Party. There was no seal next to Mr. Kiet's signature. In the worst case, it could only be the Party's secret, not a national secret.
Judge Nguyen Son and Prosecutor Phung Tien Lap could not reject any points presented by the defendants and their attorneys but, nevertheless, read the sentences as ordered: Le Hong Ha with two years of imprisonment, Ha Si Phu with twelve months of imprisonment and Nguyen Kien Giang with fifteen months of suspended sentence.
The theatrical play was awkward from the very beginning. If the purpose had been to make an example out of those that "disclosed state secrets," the trial would have been open to the public. The whole trial, however, was close to both the press and the masses. The curious crowd in front of the court was quickly disbanded by Public Security. Which newspapers would dare talk about such absence of democracy.
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Let me give you another example of false accusation. In 1955, after Hanoi was liberated, defendant Nguyen Pho, son of Nguyen Van Vinh--a great contributor to the Vietnamese script, was accused of being a foreign spy and having burnt down the printing facility Tien Bo. Chief of Hanoi Public Security, Le Quoc Than, Head of the Political Bureau of the Public Security, Nguyen Thuc, and Head of the Prosecution Bureau, Tran Nam Dang set up a well-publicized trial in the courtyard behind the City Court. Great credit was given to Public Security force and warnings to the masses of enemy plots.
Nguyen Pho was imprisoned for 17 years, 1 month and 1 day before his release in 1972. He was then certified as innocent of the crime. The burning of the printing facility was fabricated...The strange thing is none of the fabricators was punished. Le Quoc Than et al continued to advance...
During the campaigns to eliminate capitalists in the North, then Prime Minister Pham Van Dong signed an order to arrest anyone that had thoughts or deeds against socialism. Soon afterward, layers of people from joint-venture business movement were sent away for re-education. Then in the Nhan Van-Giai Pham incident, rows of artists and writers were sent away for re-education. Next was the trial of "anti-Party revisionists." Lines of mid- and high-ranking Party cadres were sent away for re-education. None was tried or sentenced. The announced period of re-education was three years, but each person usually suffered two to three times that many. The reasons for the extension were vague: not-yet-improved or not-yet-reeducated. I haven't mentioned the earlier Land Reform campaign that had wrongly killed thousands of people (the government has not released the number).
When Mr. Pham Van Dong signed that sweeping decree, I wonder if he knew that he had created thousands of broken families, orphans, and widows. Children with parents' reactionary history could not apply for jobs or higher education.
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When even Party members in high places can be falsely accused like that, how could common people in the street defend themselves. The absence of democracy and freedom in our country is quite serious. It has become the barrier to social advancement and the generator of crimes.
I earnestly call on the leaders to implement democracy and civil rights by:
These are the sincere words of an old revolutionary, having participated in the August Revolution, the wars against the French and Americans. My words could be hard for the authorities to hear, but bitter medicine can stop diseases. I just want to contribute to the advancement of this country to catch up with other neighboring countries and the world.
On the other hand, if the current leaders of Vietnam want to punish me for these suggestions, I am willing to withstand all hardships with a clear heart and mind.
Hanoi, November 6, 1996
Hoang Tien.