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Kháng Thư Gởi Ủy Ban Nhân Quyền Liên Hiệp Quốc

November 28th, 2013

Respectfully to:
Complaint Procedure Unit
Human Rights Council Branch
Office of the United Nations High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (41 22) 917 90 11
E-mail: CP@ohchr.org
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
E-mail: urgent-action@ohchr.org
OHCHR in New York
UN Headquarters
New York, NY 10017
USA
E-mail: newyork@ohchr.org

Honorable Sirs and Madams:

According to “paragraph 94 of resolution 5/1, the Chairperson of the Working Group on Communications, together with the Secretariat, undertake an initial screening of communications based on the admissibility criteria set in paragraphs 85 to 88 of resolution 5/1”, we, Vietnamese people worldwide solemnly request Honorable Sirs and Madams to investigate the extreme brutality and inhuman activities that the Socialist Republic of  Vietnam Government have been applying on their people systematically for many decades.

We also request a banning on all activities of the Socialist Republic of Vietnam within the United Nation Human Rights Commission based on the facts that they gravely violated Human Rights in Vietnam systematically for many decades.

This request will contain a description of the relevant facts including Youtube and images taken in Vietnam. It “will not be manifestly politically motivated; not be exclusively based on reports disseminated by mass media; not being already dealt with by a special procedure, a treaty body or other United Nations or similar regional complaints procedure in the field of human rights” (According to the definitions of United Nation of Human Rights Commission.)

The complaint:

-Alleges severe violations of the Universal Declaration of Human Rights repeated on a substantial number of occasions.

-Alleged deteriorating situation of human rights of people including forced evictions, racial segregation and substandard living conditions.

-Alleged degrading situation of prison conditions for both detainees and prison workers, resulting in violence and death of inmates. (According to the definitions of United Nation of Human Rights Commission.)

THE ALLIGATION:

The Socialist Republic of Vietnam has severely violated the Universal Declaration of Human Rights (UDOHR)

UDOHR’s Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

In Vietnam:

There is a distinguished segregation between two classes: Communist Party Members and the People.

1-The Communist Party of Vietnam is the ruling political party of the Socialist Republic of Vietnam. It creates a supreme government and has centralized control over the state, military, and media. The supremacy of the Communist Party is guaranteed by Article 4 of the national constitution. By and through this article, the Communist Party of Vietnam denies the right of citizens to have freedom of speech, freedom of expression, freedoms of opinion, and religious freedom. The Government of Vietnam forbids people to question about the legitimacy of the one-party state, controls the press, and tightly limits access to the Internet and telecommunication. The penalty for the bloggers and persons who use Internet as their like are severely high, from 2 years to 16 years in jail.

Article 4 of the National Constitution of Socialist Republic of Vietnam was created as follow: “The Communist Party of Vietnam, the vanguard of the working class, and loyal representatives of the working class, the working people and the whole nation, who adheres to Marxism-Leninism and Ho Chi Minh thoughts, is the force assuming leadership of the State and society. All organizations of the Party shall operate within the framework of the Constitution and the Law.”

Based on the illegal segregation, the Party members and high ranking officials are so rich that they become ones among the richest families in South East Asia while the people, in general, are hungry and poor that they have to sell themselves to foreigners as sex slaves. In Cambodia, thousands of children under ages of 12 are working to death in damp and obscured prostitute houses.

2-Due to their absolute power, the Vietnam Communist Party had killed million of their own people without reason:

a-From 1953-1956, in Northern Vietnam, Communists organized a mass murder of about 200,000 innocent people who belonged to middle class and higher. Whoever had some property or were rich were killed brutally. Thousand were shot in front of crowd, others were beaten to death by shovels or hanged, many were buried alive then stepped by buffalos. To avoid being persecuted by Communists, a million people had fled from the North to the South in 1954.

b-In the 1968 Tet offensive, Northern Communists attacked 42 provinces in the South and killed thousands of innocent civilians. At Hue, a big city in the Central part of Vietnam, Communists killed more than 6,000 civilians without trial. Thousands of young people were tired by iron strings and shot in front of the tunnels that were dug by themselves.

https://www.youtube.com/watch?v=eZYYwNlUzRY&list=PL9C23D3A3691EF30A

c-After the fall of Saigon in 1975, hundred thousands of  officials and military officers who served the South regime were put in concentration camps for death of hunger and tortures. Besides, in order to take over the property of Southern people, the Communists pushed all rich people to “New Economic Regions” where they detainees were left in hunger and sickness. During that time, the Government occupied the detainees’ business, houses, lands, and personal property, saving accounts and cash. Hundred thousands of civilians who had even little relationships with the former regime were died in camps.

d- Above all, to gain power in Vietnam, the Vietnam Communist Party, led by Red China and Russia, caused a war between the North and the South from 1954 to 1975. The death toll was estimated at 2,500,000 people in both sides, not including million wounded.

e- Recently, besides occupying people’s lands to build hotels or Golf courses for the rich and forced million people become homeless, in every raining season, the Government in highland opened damp gates at the same time to release the pressure of water contained in the damps without paying attention on people who lived downstream. Every year, hundred of citizens living downstream were killed by this activity. Their properties were destroyed, their families were crashed, and their lives were totally collapsed.

UDOHR’s Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

UDOHR’s Article 3.

Everyone has the right to life, liberty and security of person.

In Vietnam:

Since January 11, 2007 when Vietnam accessed to the WTO, the Government of Vietnam arbitrarily arrested and detained numerous individuals for their peaceful advocacy of religious freedom, democracy, and human rights. including musician Viet Khang, bloggers Nguyen Phuong Uyen, Nguyen Kha, Nhat Uy, Ta Phong Tan, Dieu Cay, and many more peaceful protestants. The Government continues to imprison, detain, place under house arrest, torture, or persecute all bloggers who pursuit of internationally recognized human rights. Tran Huynh Duy Thuc, Nguyen Tien Trung, Le Thang Long, Nguyen Xuan Nghia… were persecuted to the maximum of penalty, from seven to sixteen years in jail. Nguyen Huu Cau, due to his only one patriotic song, has been in jail for more than 35 years.

The Government of Socialist Republic of Vietnam continues to detain labor leaders and restricts the right to organize independently. The Government limits the religious freedom, restrict the operations of independent religious organizations such as Hoa Hao Buddhist. It tortured and persecuted believers whose only activities were worshipping their own God in their own ways.

http://www.youtube.com/watch?v=bbO7z2TfGjE 
http://www.youtube.com/watch?v=tcj9fPvvlxQ

UDOHR’s Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

In Vietnam:

For many years, Vietnam has been a country for the commercial sexual exploitation and forced labor of women and girls. Vietnam also is a destination country for child trafficking and continues to have internal human trafficking. Hundreds of thousand children were sold to be sex slaves in Cambodia and Thailand. Many of them were under ages of 12.

The Government legally exports young men and women to other countries for profits to the Government. All who want to work out of state must pay the Government big sums of money and take risk of being lack of support from representatives of Vietnam Government whenever they are abused at their work places. Many of laborers became sex slaves in foreign countries because they did not ever receive support from the organizations that sent them out.

http://www.youtube.com/watch?v=0g1YR1QYJmc#at=193
http://baomai.blogspot.com/2013/08/ai-tq-noi-ve-nhap-khau-phu-nu-viet.html

UDOHR’s Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UDOHR’s Article 6.

Everyone has the right to recognition everywhere as a person before the law.

UDOHR’s Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

UDOHR’s Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UDOHR’s Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

In Vietnam:

Many bloggers and peaceful Human Right pursuers were tortured in front of public or in jails. Police kidnapped bloggers Nguyễn Hoàng Vy, forcefully undressed her, made fun with victims’ bodies at police station, left the victims in hunger and thirsty, then pushed her home without returning her belongings such as cellular phones, laptops, and cameras. They beat bloggers Phuong Uyen, Bui Minh Hang and friends right at air port reception halls and left victims’ wounded bodies there without any treatment.

https://www.youtube.com/watch?v=aB0tbEBTyu4
https://www.facebook.com/photo.php?v=208100849366000

Ethnic minority Protestant congregations, such as Montagnards in the Central and Northwest Highlands, suffered severe abuses. They were forced for renunciations of faith, or be arrested and harassed. In 2001, 2002, 2004, and 2008, the Government withheld of social programs provided for the general population, confiscation and destruction of property, subjection to severe beatings, and reported deaths. Pastor Nguyen Cong Chinh’s family and his followers were attacked by groups of gangs day and night. Police used electric saw to destroy their homes then, put them in jails.

The Government used violence to respond to peaceful prayer vigils and demonstrations by Catholics for the return of Government-confiscated church properties. At Thai Ha Church, protesters have been beaten by gangs violently. Catholic church’s properties had been destroyed and then, converted to private manufactures. Catholics still face restrictions on selection of clergy; all priests in seminaries must registered at local government and be approved by police.

On May 2010, at Con Dau village, a Catholic parish in Da Nang, during a religious funeral procession, police attacked the participants at village cemetery and injured more than 100 villagers. Police then arrested 62 for questioning. At least five were tortured, and three were killed brutally. One was killed by a chopstick that went through his ears.

The Government of Vietnam restricts contacts and movement of senior clergy of The Unified Buddhist Church of Vietnam. Police continues to harass and threaten monks, nuns, and youth leaders.

Other religious adherents, such as Cao Dai and Hoa Hao Buddhists’ religious activities were suppressed. Police captured priests and peaceful protesters. Some innocent Hoa Hao followers were tortured. One senior’s legs were chopped down by police’s hammer. Many Hoa Hao priests were put in jails without any medical treatment for their wounds caused by police’s brutalities. Some Hoa Hao followers attempted suicides at home or in jail. The jailers left Ms. Mai Thi Dung crawling on floor like dogs without medical treatment.

Ethnic minority Hmong and Khmer Krom also suffer restrictions, confiscation of property, abuses, and persecution by police. Theravada Buddhist temples, and all Khmer Buddhist religious organizations were prohibited. Peaceful protests were forbids. Protestors were put in jail without any properly trial.

Many people whose political or religious affiliations and activities are not approved by police are forcefully pushed to closed trials, without lawyers, and were detained for years without trial. In recent years, many innocent people were forced to be present at police station for questioning then died a day or two after that. With such cases, police always briefly described as “suicides” and returned victims’ bodies to families for funeral without any excuse. 

https://www.youtube.com/watch?v=eukE3ztXWBk

UDOHR’s Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

UDOHR’s Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

In Vietnam:

There are no separation among Legislative, Justice, and Executive Branch. All trials at court, if there is any, are directly guided by the Communist Party. In all cases, the peaceful protesters were denied their rights to have their defense at court. Regardless whatever the defending lawyers might say, judges never listened but read the sentences that already been prepared by the Communist Government. Father Nguyen Van Ly, once at court, was suppressed brutally by police who pressed him down while strongly covered his mouth when he wanted to speak. Many bloggers under ages of  30, appeared in court on charges related to an Internet and Facebook campaign against government and were in jails without properly court procession.

Nowadays, there are 180 detainees who are charged on “publishing and distributing harmful documentary to the Government”, including bloggers Dieu Cay, Ta Phong Tan.. who only used their rights of speech against the invading of China. All those victims never received any proper court procession.

UDOHR’s Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

In Vietnam:

For decades, the Government have controls completely and fully the law of Real Estate. Land belongs to the Government. Nobody can own his or her land, except the Government. People can sell the improvement and attachment without land. Thus, the Government can take over people’s houses, land, and properties anytime and anywhere. Regardless people’s protests against the take-over, the Government uses any means including using police and military force to occupy people’s land and houses. Whoever dares to disobey the Government’ order will be persecuted at the highest level of penalty. Many lawyers who defended the people against the violently occupation of the Government were put in jails. Attorneys Lê Trần Luật, Cù Huy Hà Vũ, Trương quốc Huy, Lê Thăng Long, Trần Huỳnh Duy Thức, Nguyễn Tiến Trung… and many more were sentenced from 3 to 16 years in jails just because of their heroic activities when helping people.

https://www.youtube.com/watch?v=zWWBTqulAqI
http://www.youtube.com/watch?v=XI-mxQgQ7NY
https://www.youtube.com/watch?v=puu_kf81dOw
http://www.youtube.com/watch?v=Z7PUMC21Cpc
http://www.youtube.com/watch?v=-Fy3gR4OSGM&feature=youtu.be
http://thanhnienconggiao.blogspot.com.au/2013/11/tin-nong-hang-tran-dan-oan-keo-en-tru.html
http://www.youtube.com/watch?v=qR_iaGg2fzo#t=316
https://www.facebook.com/photo.php?v=484687511623742&set=vb.100002474930286&type=2&theater
http://www.youtube.com/watch?v=DaNofWey2Sk 
http://www.youtube.com/watch?v=G3s9eNt6Es0&feature=em-uploademai
https://www.youtube.com/watch?v=eZYYwNlUzRY&list=PL9C23D3A3691EF30A

UDOHR’s Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

UDOHR’s Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

In Vietnam:

All persons who discuss about Democracy or Freedom were persecuted without trial. Their families were harassed every day, their homes were destroyed, their relatives were kicked out of jobs. Police hired street gangs to beat them, to do every dirty tricks to the families of the victims such as pouring man’s waste to the doors and windows, sealed the locks to the home entrances, or throwing bricks to the victims’ families and relatives while yelling dirty slogans to the victims whenever they leave home for work.

http://www.youtube.com/watch?v=hF6aFd6HE-c 
https://www.youtube.com/watch?v=nTP9Z58Bwc4

Police used brutality force to attack protesters such as injecting poison into citizen right in the street.

http://www.youtube.com/watch?v=xUAyg6kX5Zk&feature=em-uploademail 

CONCLUSION:

With such severe violations against the Universal Declaration of Human Rights, we believe that the Socialist Republic of Vietnam, the most dangerous criminal who systematically violated the Human Rights permanently, is not deserved as a member of the United Nation Human Rights Commission. If the criminals were present in this most respected Commission, the whole world will question the mission of the Commission and surely, the respects that they save for the Commission will be much less and less.

Please take actions before it was too late for a correction.

Your consideration on this severe matter will be highly appreciated not only by Vietnamese people but also the whole world.

Respectfully,
On behalf of Vietnamese people,
Tien Chu, M.S.P., Novelist, Artist, and Poet.

Website Master: Long Le.
Tinhoathinhdon.com.

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