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Mr. Quach Duy – Photo: TET MAI
September 18, according to the source of Online youthThe Tan Phu District Police police investigation prosecuted and detained Mr. Quach Duy (38 years old, living in Tan Phu District) to investigate charges of “abuse of democratic freedoms to infringe interests”. Status, rights and legal interests of organizations and individuals “under article 331 of the Penal Code of 2015.
Previously, in May 2019, the Inspector of the Ho Chi Minh City Department of Information and Communications sanctioned Mr. Quach Duy with a fine of VND 7.5 million.
Consequently, at 5:38 p.m. on April 9, 2019, Mr. Duy provided, disseminated and published the information “The police agency investigating the Ministry of Public Security conducted an investigation into the cheap allocation of” golden land “related to the deputy Chairman of the Ho Chi Minh City People’s Committee Tran Vinh Tuyen and the police investigation agency of the Ministry of Public Security received documents, investigated and clarified the divestment that led to the loss of state property in the illegal allocation of land, land leasing No. 76 Ton That Thuyet, District 4, HCMC “.
This information published in the article “Firewood burning” published on Duy Quach Facebook created by Mr. Quach Duy and registered to use the content “slander, insult honor, other personal reputation.”
Taking into account that the chief inspector of the HCM City Information and Communications Department is not complying with the law, which damages his interests, Mr. Quach Duy sued the Ho Chi Minh City People’s Court.
On August 2, 2019, the Inspection Committee of the Ho Chi Minh City People’s Party Committee – Main – announced the discipline of expelling Mr. Quach Duy’s Party.
Accordingly, the Inspection Committee of the Party Committee of the People’s Party – Main – Ho Chi Minh City Party held the 28th session and concluded that Party member Quach Duy lacked training, education and political depression was very serious .
Specifically, through his personal Facebook page, Mr. Duy intentionally writes articles and posts information and articles from the Internet and social networks with content that is not the true nature of the incident, defamation, defamation and degrading. prestige of the leaders of the Party and the State. This action seriously affects the reputation and honor of the leaders of the Party, the State and some related persons.
Deliberately posting articles on social media in the form of reports and recommendations, but carrying complaints, reflecting on many levels, in which the social media community Facebook is not an authority to resolve. , so that many subjects comment, defame, distort, deceive the nature of the case, create a negative perspective and attitude towards the Party leadership and state management.
Duy’s behavior violates Politburo regulation 102 of 2017 on disciplining party members who violate and the Central Committee’s 47-year regulation on what Party members may not do.
Although many times he was remembered and educated by Party organizations and management agencies, Duy did not absorb or disobey the leadership and conclusions of the Party Committee and Party Cells. On the other hand, Mr. Duy posted on his personal Facebook page many articles with content showing his defiant attitude, regardless of the Party organization, creating a negative impact on the reputation of the Party organization.
In the process of inspecting Party members when there are indications of violation and conducting the review, Mr. Duy made a disrespectful statement to the inspection team, who posted information about the content of the session in his personal Facebook articles. the work of the inspection team is not true, it does not recognize flaws, it does not absorb comments from Party members and the Party organization.
The case of posting on Facebook is false, Mr. Quach Duy loses the lawsuit
Regarding the case of Mr. Quach Duy who demanded the sanction decision of the chief inspector of the Department of Information and Communication of the City of HCM, xIn the first instance trial, the Ho Chi Minh City People’s Court said that the sanction for the aforementioned administrative offense is strictly within the competent authority.
Mr. Quach Duy provided some documents, but these are only copies, there is no original to compare. At the same time, this document has no content to show “The Investigation Agency of the Ministry of Public Security investigates the allocation of cheap ‘golden earth’ related to Vice President Tran Vinh Tuyen”, so these documents are not evidence.
So far, Mr. Duy has presented no evidence to show that his articles are true and no authority has said that the content posted by Mr. Duy is true.
The fact that Mr. Duy publicly posts on Facebook is false information, defamation attacks the reputation, honor and dignity of others, so Mr. Duy must be responsible for the content posted. Since then, the court has rejected Mr. Duy’s request to initiate a lawsuit on the cancellation of the decision to sanction Mr. Duy’s administrative violation.
Disagreeing, Mr. Quach Duy appealed. However, in the appeals court, the Appeals Panel said that Mr. Duy could not provide new evidence, the lower court ruling of the Ho Chi Minh City People’s Court was founded, so it declared the lower court ruling .