The attorney profession in Vietnam

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In the course of practicing law, I discovered a painful truth that I once wanted to leave the attorney profession. The Laws of Vietnam are being applied illegally by Vietnamese agencies conducting proceedings, particularly in political cases.

I have been involved in many political cases from North to South, all have one common characteristic, which is:

- The case has no evidence or the evidence cannot prove the criminal behaviors of the defendants;

- The verdict for the defendants are not based on objective evidence and on the basis of argument;

Interpretation that is subjective in nature is used by the Public Security agency, the Procuracy, the Courts of Vietnam applied thoroughly in order to charge individuals who championed freedom and democracy for Vietnam.

The Government of Vietnam has gone completely contrary to what was stipulated in the Constitution and the International Covenant on Civil and Political Rights. In Vietnam, the right to express viewpoints that are not the same as the state’s is prosecuted and tried by laws that are very vague (Article 88, 79 of the Penal Code) or speaking specifically, in Vietnam human rights are not respected by the State.

A clear fact that everyone recognizes is that more and more intellectuals, attorneys, lawyers went to jail just for expressing their own personal opinion, even the right to patriotism has to wait for the state’s approval. The demands of freedom speech, freedom of the press, freedom of assembly, freedom of political parties are demands that are “luxury” in nature in Vietnam currently.

The terms: “approved sentence”, “pocket sentence,” “predetermined sentence” are not unknown to people familiar with the judicial system of Vietnam.

Facing such reality, when participating in political cases, attorneys’ rights are always limited when performing their responsibility. The most proactive role of attorneys in these cases is merely as a bridge between the families and the accused, the defendants in custody, but few lawyers have the courage to do this. Due to one reason, (for a long period of time since 1975 people were used to trial without a lawyer, and after that time, people see lawyers as the people who manage the sentence, or plea for relief, clemency) the consequences for attorneys, who are dedicated to their profession when participating in these cases are not bright; mild punishment shall be deprived of the right to practice the profession, and severe punishment is jail (Attorneys Le Quoc Quan, Le Tran Luat, Nguyen Van Dai, Le Cong Dinh, Dr. Cu Huy Ha Vu, lawyer Ta Phong Tan …).

In my opinion, I do not accept that attorneys are just ornaments, decorative objects for the judiciary system to use in order to show a false democracy and furthermore, do not accept becoming an actor and joining in performing the pre-arranged act. Therefore, following the footsteps of forefathers before me, I ended the thought of abandoning the profession. I still continue to participate in the cases in order to achieve the goal; justice must be done, the laws must be brought into life.

It cannot be the case that the Constitution is subjected to being dominated and imposed by the laws as well as documents under the laws. No way, in a democratic and civilized society that when citizens exercise their basic rights as stipulated in Article 69 of the Constitution to be jailed by articles 79, 88, 257, 258 … of the Penal Code.

The State belongs to the people, by and for the people but when people peacefully condemn the illegal acts of state agencies the government in turn brutally suppresses those people and then the state identifies those people with disruptive behaviors, destruction of property. If the government acts within the law, according to the wishes of the people, then why would there be dozens of people granted refugee status by the United Nations High Commissioner, there wouldn’t be two shameful gardens as many people have seen, have said. Thai Ha, Con Dau are two exampliary cases which illustrate one of the most violent crackdowns in the early 21st century that people have seen. When the victims denounced and criticized the illegal treatment by Public Security, criticized the cowardly attitude before the invasion of foreign power, they are deemed as propaganda against the state. The right to join organizations and parties that are not the Communist Party in according to the constitution and international laws is attributed to operating to overthrow the government.

It has been shown through the cases, the people of Vietnam wanting “to be left alone” must be silent about all social injustices or be banded with them. If you want to eliminate them you must be permitted by the state and even the expression of patriotic attitude and spirit have to wait for the state’s “license” otherwise it will be seen as being listened to instigation, incitement from hostile forces, opposition. In the eyes of the state, Vietnamese citizens are childish, silly, if not ignorant.

The Vietnamese Nation is heroic and the Vietnamese People are very unfortunate.

I am a son and citizen of the Vietnamese Nation therefore I have the right and responsibility to love our country, love our people so when our country is hurt, our people is persecuted, even as a lawyer with a poor level of experience, I still have the obligation to defend, even advocate for what is right despite its bringing me many risks, which everyone can predict.

Someone said: “Freedom, justice are not gifts from Heaven down, in order to have them, there must be struggle.” And there is no struggle without loss.

Living in a country lacking freedom and where justice is being trampled rudely, the obligation of an attorney with a conscience is to speak out. The voice might be lonely. It might be lost among the crowd that has reached “the pinnacle of intellect” but that voice is really necessary because it is the right to conscience and responsibility.

Attorney Huynh Van Dong
July 16, 2011

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