Cù Huy Hà Vũ
Encyclopedia
Cù Huy Hà Vũ is a Vietnamese PhD
-holding legal scholar. As a prominent government critic and a dissident in Vietnam
, he has been taken into custody for, according to the communist-controlled media state, "propaganda against the state" and "plotting to overthrow the communist government of Vietnam".
during Indochina War and Vietnam War
from 1945. His mother was the sister of the famous poet Xuan Dieu.
He graduated with a dotorate in law from France's University of Paris
. Cu Huy Ha Vu's wife Nguyen Thi Duong Ha is also a lawyer, together they are currently running a law firm in Hanoi
.
. Consequently, as Cu Huy Ha Vu's prediction, the People's Court of Hanoi, and after that, the Vietnam Supreme Court rejected the lawsuit.
In early September 2010, Cu Huy Ha Vu pursued another legal protestation against the prime minister for his Determination No.136. It is the decision that strictly prohibited citizens from filing petitions and complaints against the communist government.
In October 2010, Cu Huy Ha Vu's law firm was in charge of a defense for the Catholics of Con Dau parish in Da Nang
, those who was seized by legal authority, taking them into custody since May after a police's crack down on a funeral ceremony taking place on a disputed claimed-to-be churchyard. In a predictable initiative, the People's Court of the local district rejected granting permission for Cu Huy Ha Vu's law firm the rights to represent those Christian defendants.
He was later arrested in November 2010 when he filed a sequent lawsuit against the prime minister on the much-controversial Determination No.136 in October, which was taken place in a Ho Chi Minh
-based hotel. Photos from the security force showed him in a room with another woman who is also a lawyer. The police later seized his laptop and, at the same time, dispatched another team to raid his home and law office in Hanoi.
Regarding to the status quo of Vietnam with numerous malpractices and misconducts in law enforcement, he assert that it is the consequence from the absolute-power-assumed leadership of Vietnam Communist Party stated in Article 4.
He also mentioned that the absolute-power-presumed Article 4 is the principal reason why the Judicial body has never challenged the state officials, the Assembly never dismiss the current inefficient and heavily corrupted cabinet. All of the government branches including the Legislation, the Judiciary or the Executive are readily manipulated by the Vietnam Communist Party for its own purposes rather than working for the Vietnamese citizens at will.
In an interview with Voice of America
, when asked for his opinion toward a recent speech of a Poliforio Standing Committee member Nguyen Minh Triet, who proclaimed that doing away Article 4 of the Constitution is an act of committing suicide, he responded that it was a sign of lack of confidence among high-ranking Communist Party members and in the Communist Party itself as when it comes to abolishing Article 4, there will be other political parties to be formed and either the monopolistic power control of the Vietnam Communist party can be miserably terminated or the Party will be forsaken by its own members.
that the communist-government has been deeply anxious and uneasy by Cu Huy Ha Vu's recent legal activities: "It seemed likely that those top communist leaders felt disturbed by Cu Huy Ha Vu's moves. There is also a forthcoming five-yearly Communist Party meeting; therefore, they found compromise in this case is not a choice. Cu Huy Ha Vu's detention, as a result, was well-prepared. The reason may partly because he got himself involved into so many recently burning politics-related issues. If we take into account the same arrests in the past, those political detainees got punished because of their straightforward and well-perceived plans of anti-government propaganda or plotting to overthrow the communist-government. However, in this case people may be confused as they hardly realize the motive behind Cu Huy Ha Vu's punishment, wondering whether it is his anti-communist government motive or his desire to build up a rule-of-law and responsible government".
and UNHCR, the latest detention of Cu Huy Ha Vu is another in a long line of Vietnam communist government's determination to silence lawyers and dissidents who dared to challenge the government during the past five years
Human Rights Watch
's Asia deputy director, Phil Roberson, called for an immediate and unconditional release for Cu Huy Ha Vu. The organization asserted that Cu Huy Ha Vu is just another victim of Vietnamese government's savage campaigns against independent lawyers and activists who advocated human rights and questioned on official's malpractices. The deputy director strongly reiterated Vietnamese government to abrogate its Article 88 and Article 79 by which it criminalize peaceful expressions and association of the citizens.
According to AFP
's correspondent Ian Timberlake, the motive behind Cu Huy Ha Vu's detention is a sign of an increasing sense of dissent in Vietnam partly due to the upcoming five-yearly communist Party legislature's meeting which will be hold in January 2011 to decide which leaders will run the one-party state.
Mark Toner saying that the "apparent lack of due process
" at Vu's trial was troubling. Amnesty International
declared him a prisoner of conscience
and urged his immediate release.
PHD
PHD may refer to:*Ph.D., a doctorate of philosophy*Ph.D. , a 1980s British group*PHD finger, a protein sequence*PHD Mountain Software, an outdoor clothing and equipment company*PhD Docbook renderer, an XML renderer...
-holding legal scholar. As a prominent government critic and a dissident in Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
, he has been taken into custody for, according to the communist-controlled media state, "propaganda against the state" and "plotting to overthrow the communist government of Vietnam".
Background
He is a son of an eminent poet Cu Huy Can, who gained his political position in Vietnam thanks to being a companion with the communism-led revolutionist Ho Chi MinhHo Chi Minh
Hồ Chí Minh , born Nguyễn Sinh Cung and also known as Nguyễn Ái Quốc, was a Vietnamese Marxist-Leninist revolutionary leader who was prime minister and president of the Democratic Republic of Vietnam...
during Indochina War and Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
from 1945. His mother was the sister of the famous poet Xuan Dieu.
He graduated with a dotorate in law from France's University of Paris
University of Paris
The University of Paris was a university located in Paris, France and one of the earliest to be established in Europe. It was founded in the mid 12th century, and officially recognized as a university probably between 1160 and 1250...
. Cu Huy Ha Vu's wife Nguyen Thi Duong Ha is also a lawyer, together they are currently running a law firm in Hanoi
Hanoi
Hanoi , is the capital of Vietnam and the country's second largest city. Its population in 2009 was estimated at 2.6 million for urban districts, 6.5 million for the metropolitan jurisdiction. From 1010 until 1802, it was the most important political centre of Vietnam...
.
Activism
He has been nationally well-known for filing a charge against the Politburo Standing Committee member – Prime Minister Nguyen Tan Dung regarding to his outrage bauxite mining in Vietnam's region of Central Highlands Tay NguyenTây Nguyên
Tây Nguyên, translated as Western Highlands and sometimes also called Central Highlands, is one of the regions of Vietnam. It contains the provinces of Đắk Lắk, Đắk Nông, Gia Lai, Kon Tum, Lâm Đồng....
. Consequently, as Cu Huy Ha Vu's prediction, the People's Court of Hanoi, and after that, the Vietnam Supreme Court rejected the lawsuit.
In early September 2010, Cu Huy Ha Vu pursued another legal protestation against the prime minister for his Determination No.136. It is the decision that strictly prohibited citizens from filing petitions and complaints against the communist government.
In October 2010, Cu Huy Ha Vu's law firm was in charge of a defense for the Catholics of Con Dau parish in Da Nang
Da Nang
Đà Nẵng , occasionally Danang, is a major port city in the South Central Coast of Vietnam, on the coast of the South China Sea at the mouth of the Han River. It is the commercial and educational center of Central Vietnam; its well-sheltered, easily accessible port and its location on the path of...
, those who was seized by legal authority, taking them into custody since May after a police's crack down on a funeral ceremony taking place on a disputed claimed-to-be churchyard. In a predictable initiative, the People's Court of the local district rejected granting permission for Cu Huy Ha Vu's law firm the rights to represent those Christian defendants.
He was later arrested in November 2010 when he filed a sequent lawsuit against the prime minister on the much-controversial Determination No.136 in October, which was taken place in a Ho Chi Minh
Ho Chi Minh
Hồ Chí Minh , born Nguyễn Sinh Cung and also known as Nguyễn Ái Quốc, was a Vietnamese Marxist-Leninist revolutionary leader who was prime minister and president of the Democratic Republic of Vietnam...
-based hotel. Photos from the security force showed him in a room with another woman who is also a lawyer. The police later seized his laptop and, at the same time, dispatched another team to raid his home and law office in Hanoi.
Calling for an amendment of Article 4 of The Vietnam Constitution
One of the most distinctive moves of Cu Huy Ha Vu was his vigorous demand for an official eradication of the Article 4 of the current Constitution of Vietnam, by which it states the Communist Party of Vietnam as the only force adhering leadership of the State and society.Regarding to the status quo of Vietnam with numerous malpractices and misconducts in law enforcement, he assert that it is the consequence from the absolute-power-assumed leadership of Vietnam Communist Party stated in Article 4.
He also mentioned that the absolute-power-presumed Article 4 is the principal reason why the Judicial body has never challenged the state officials, the Assembly never dismiss the current inefficient and heavily corrupted cabinet. All of the government branches including the Legislation, the Judiciary or the Executive are readily manipulated by the Vietnam Communist Party for its own purposes rather than working for the Vietnamese citizens at will.
In an interview with Voice of America
Voice of America
Voice of America is the official external broadcast institution of the United States federal government. It is one of five civilian U.S. international broadcasters working under the umbrella of the Broadcasting Board of Governors . VOA provides a wide range of programming for broadcast on radio...
, when asked for his opinion toward a recent speech of a Poliforio Standing Committee member Nguyen Minh Triet, who proclaimed that doing away Article 4 of the Constitution is an act of committing suicide, he responded that it was a sign of lack of confidence among high-ranking Communist Party members and in the Communist Party itself as when it comes to abolishing Article 4, there will be other political parties to be formed and either the monopolistic power control of the Vietnam Communist party can be miserably terminated or the Party will be forsaken by its own members.
Domestic response
Another legal scholar, lawyer Tran Lam who also defended for both Le Thi Cong Nhan and Nguyen Van Dai responded in an interview with BBCVietnameseBBC World Service
The BBC World Service is the world's largest international broadcaster, broadcasting in 27 languages to many parts of the world via analogue and digital shortwave, internet streaming and podcasting, satellite, FM and MW relays...
that the communist-government has been deeply anxious and uneasy by Cu Huy Ha Vu's recent legal activities: "It seemed likely that those top communist leaders felt disturbed by Cu Huy Ha Vu's moves. There is also a forthcoming five-yearly Communist Party meeting; therefore, they found compromise in this case is not a choice. Cu Huy Ha Vu's detention, as a result, was well-prepared. The reason may partly because he got himself involved into so many recently burning politics-related issues. If we take into account the same arrests in the past, those political detainees got punished because of their straightforward and well-perceived plans of anti-government propaganda or plotting to overthrow the communist-government. However, in this case people may be confused as they hardly realize the motive behind Cu Huy Ha Vu's punishment, wondering whether it is his anti-communist government motive or his desire to build up a rule-of-law and responsible government".
International response
According to foreign media such as The Associated Press, AFPAgence France-Presse
Agence France-Presse is a French news agency, the oldest one in the world, and one of the three largest with Associated Press and Reuters. It is also the largest French news agency. Currently, its CEO is Emmanuel Hoog and its news director Philippe Massonnet...
and UNHCR, the latest detention of Cu Huy Ha Vu is another in a long line of Vietnam communist government's determination to silence lawyers and dissidents who dared to challenge the government during the past five years
Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
's Asia deputy director, Phil Roberson, called for an immediate and unconditional release for Cu Huy Ha Vu. The organization asserted that Cu Huy Ha Vu is just another victim of Vietnamese government's savage campaigns against independent lawyers and activists who advocated human rights and questioned on official's malpractices. The deputy director strongly reiterated Vietnamese government to abrogate its Article 88 and Article 79 by which it criminalize peaceful expressions and association of the citizens.
According to AFP
Agence France-Presse
Agence France-Presse is a French news agency, the oldest one in the world, and one of the three largest with Associated Press and Reuters. It is also the largest French news agency. Currently, its CEO is Emmanuel Hoog and its news director Philippe Massonnet...
's correspondent Ian Timberlake, the motive behind Cu Huy Ha Vu's detention is a sign of an increasing sense of dissent in Vietnam partly due to the upcoming five-yearly communist Party legislature's meeting which will be hold in January 2011 to decide which leaders will run the one-party state.
Sentencing
On 4 April 2011, he was sentenced to 7 years in prison for "spreading anti-state propaganda." The United States of America has criticized Vietnam for jailing activist Cu Huy Ha Vu, with US state department spokesmanSpokesman
A spokesperson or spokesman or spokeswoman is someone engaged or elected to speak on behalf of others.In the present media-sensitive world, many organizations are increasingly likely to employ professionals who have received formal training in journalism, communications, public relations and...
Mark Toner saying that the "apparent lack of due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
" at Vu's trial was troubling. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
declared him a prisoner of conscience
Prisoner of conscience
Prisoner of conscience is a term defined in Peter Benenson's 1961 article "The Forgotten Prisoners" often used by the human rights group Amnesty International. It can refer to anyone imprisoned because of their race, religion, or political views...
and urged his immediate release.
See also
- Human rights in VietnamHuman rights in VietnamHuman rights in Vietnam have long been a matter of much controversy between the Government of Vietnam and some international human rights organizations and Western governments, particularly that of the United States...
- Nguyen Tien TrungNguyễn Tiến TrungNguyễn Tiến Trung , is a pro-democracy activist in Vietnam. As the leader of the Assembly of Vietnamese Youth for Democracy Trung has been one of the outspoken political dissidents in Vietnam...
- Le Cong DinhLe Cong DinhLe Cong Dinh is a prominent Vietnamese lawyer who sat on the defence of many high profile human rights cases in Vietnam...
- Nguyen Van Ly
- Nguyen Dan QueNguyen Dan QueNguyen Dan Que, M.D. , also known as Nguyen Chau , is a Vietnamese endocrinologist and pro-democracy campaigner. He is one of the leading dissidents against the communist government in Vietnam....