Pastor Duong Kim Khai’s son complaint letter

Duong Manh Hung

COMPLAINT LETTER

To let my family know where my father is currently detained?
Until when? – and request to allow the family to visit my father.

To :

  • Head of Binh Thanh District Police Department
  • Investigation Unit, Binh Thanh District Police Department

Dear Sir:
My name: DUONG MANH HUNG – 17 years old
Student of: Thanh Da high school
Current residential address: 37/6 Group 33, Ward 3, Commune 28, Binh Thanh District, HCM City

I am the son of Mr. DUONG KIM KHAI

On August 10, 2010, when working as a tailor at the premise opposite No. 025 Group K, Thanh Da Residential Ward, Commune 27, Binh Thanh District, HCM City, my father was lead away by 2 civilian-clothed personnel.

5 minutes later, there were about 5-6 people including:

  • 2 civilian-clothed personnel.
  • 3, 4 uniform policemen.
  • Mr. Thien – Commune 27 local policeman.

They came back to my father’s sewing machine to search and took away all documents and papers of peasants from Ben Tre District, whom my father had helped in filling out complaint letters – because these people are from the country and not able to do it themselves. There was no witness to this ransacking and confiscating of the documents nor there was any warrant on the arrest! Afterward, they arranged a 7-seater car to take everyone away; this car had number plate 71 – a Ben Tre authority number plate.

I know for certain that Binh Thanh District police were involved with my father’s arrest because of the following reasons:

  • The presence of Mr. Thien, Commune 27, Binh Thanh District local policeman when searching my father’s working place, but why did they take him away in a car plate 71. Where did they take my father? Why did they carry out such an important procedure only with verbal order and there was no warrant of arrest?
  • Twice, on September 24 and 26, 2010, two policemen named Mr. Tam and Mr. Tot summoned me to the café opposite Binh Thanh District Fire Department and told me that “my father (Mr. Khai) was arrested due to the involvement with some political party that I don’t know, and they will temporary detain him for 4 months and asked me not to reveal to anyone that my father was arrested”. That day, Mr. Tam called Mr. Tot – Deputy Head of the Investigation Unit, Binh Thanh District Police Department – as “Boss”.

For the last 2 months, my family has no news of my father. My mother is paralyzed and has been confined in bed, desperately needing my father’s support. I am still going to school while trying to help my mother, as well as trying to make a living for the two of us. The situation is extremely desperate.

My mother and I are still in shock: Who took my father away and where? What did they do to him? When will they release my father home to help my mother? Where could I find my father to see if he is well or not, is he still alive? My father is very gentle. He always goes out of his way to help people without asking for any return. I strongly believe that he is innocent!

1. According to:

REGULATIONS ON TEMPORARY DETAINMENT ON THE ADMINISTRATIVE PROCEDURES
(Issued with Decree No. 162/2004/ND-CP dated 07 September 2004 by the Government)

Article 10. Informing the decision to temporary detain

1. Upon request of the temporary detainee, the entity who decrees the decision to temporary detain has to inform the family, organization, workplace or study place of the detainee. If for any objective reasons that could not be told, then the detainee has to be formally informed and the fact has to be logged onto a temporary detaining book.

2. According to:

Criminal Law, number 19/2003/QH11 –

Article 143. Searching residential place, workplace, premises

  • Item 2. When searching a residential place or premise, there must be witness presence, either the owner of the place, or an adult of the family, with the commune’s or town’s representative, and the presence of a neighbor; in case the subjected person and family members are deliberately absent, run away or have been away for a long period of time that the search could not be possibly postponed any further then there must be representative of the authority and presence of 2 neighbors.
  • When searching at a workplace, there must be witness from the organization that the subjected person is working for.

In my father’s case, both conditions above had been violated resulting in significant concern to my family: my mother has been skipping meals; extremely upset and continually crying. I am constantly worrying that am barely able to concentrate on my study.

I am writing this request letter to you – the Head of Binh Thanh District Police Department and the Binh Thanh Investigation Unit, with the following requests:

In writings:

  1. Let my family know where my father is currently detained?
  2. Which authorities currently detain my father?
  3. When will my father be released back to our family?
  4. Allow my family to visit him so that we can be somewhat reassured.

Sincerely thanks.

Binh Thanh, September 30, 2010
DUONG MANH HUNG

(Signed)