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Dr. Pham Chi Dung, president of the Vietnam Association of Independent Journalists, was arrested by authorities on November 21, 2019.
Civil society activist Pham Chi Dung and his arrested colleague could be brought to trial within months, at the end of 2020, according to a lawyer invited by his family to defend themselves from Saigon. Gòn.
On October 21, 2020, lawyer Nguyen Van Tham from Hong Duc’s law office told BBC News in Vietnamese that he had received a response from the City Police Investigation Department. Ho Chi Minh announced the conclusion of the investigation of the case with Mr. Dung and Mr. Nguyen Tuong Thuy, and sent the case file to the City Public Prosecutor’s Office.
“Immediately after Mr. Pham Chi Dung was arrested in November 2019 and Mr. Nguyen Tuong Thuy was arrested a few months later, in May 2020, his families contacted me and asked me to participate in protecting their defense attorney. “lawyer Nguyen Van Tham told the BBC from Saigon.
“Among those invited by his family that I know of is lawyer Dang Dinh Manh, my colleague.
“Then we have carried out the statutory procedures to promote the possibility of participating in their defense, until noon today, October 21, I received a document from the Department of Security. The investigation, under the direction of the Ho Chi Minh City Police (signed on October 16, 2020) responded.
“The reason I received this document is because after Mr. Pham Chi Dung and Mr. Nguyen Tuong Thuy were arrested, the family invited us as stated above to defend them both, but after we sent the documents by mail When the investigation is signed, the investigative law enforcement agency sends a document saying that when the investigation is over, we can participate.
Image source, LS Nguyen Van Mieng
Written response to the lawyer of the Security Investigation Agency, Municipal Police. Ho chi minh
“Normally, at the end of the investigation, the agency must send us documents, but instead, we have to periodically send written requests to join us as defense attorneys.
“This time, on October 16, the Investigation Security Agency sent a notice and said that they have just finished the investigation, this is not natural that they sent, but because I sent them a duplicate document. When they re-registered as defense attorneys, they responded and responded with a notice that the case was ending on October 15 and proceeded to the Ho Chi Minh City People’s Prosecutor’s Office with the conclusion of the investigation.
“So now they tell us to contact the Prosecutor’s Office to receive the defense’s notice. The problem is that once the investigation is finished, they have to send us a defense notice, indicating that their agency has finished the investigation and that the lawyers or attorneys can participate in this case.
“But they didn’t do that, they deviated and ‘sold things’ to the Municipal Prosecutor’s Office, which took a long time for the lawyers, forcing us to rework the application to register. When the Prosecutor’s Office issues it to us immediately or not, is another matter.
“In general, after 24 hours of receiving the request and recommendation of the lawyer, the issuance of the defense notice will be announced, but experience has shown many times that we present it and through registration with the Prosecutor’s Office. then they keep waiting until they make an accusation and then they go to court. “
“Can you try last year”?
Freelance journalist Nguyen Tuong Thuy commented on the arrest of a freelance journalist, Dr. Pham Chi Dung
When asked how this will affect the work of lawyers and when the case of journalists Pham Chi Dung and Nguyen Tuong Thuy will be brought to trial and how it could be tried. , Attorney Nguyen Van Pcs replied:
“By moving the case to court like this, people can only give us the defense notification until then, it takes a long time for the lawyers to get involved.
“As for when the case will go to trial, it is up to the Court, but usually a month later, after the Prosecutor’s Office completes and passes the accusation to the Court, then another month or two, if not before and there is no nothing special, the court will hear you.
“Now it is the end of October 2020, so maybe and maybe in our opinion already at the end of this year, they will be brought to trial.
“Normally, criminal cases in Vietnam rarely change criminals, people can change from one frame to another, but crimes rarely change and Dung and Thuy have been affected by them. Prosecute for crafting, possessing, disseminating or disseminate information, documents and anti-state elements that are specified in article 117 of the Penal Code of 2015, amended in 2017, I think that they rarely modify the crime.
“Unless there is something special that requires further investigation, and the court returns the files, they rarely change their charges and are more likely to judge you accordingly.”
Information on health and detention?
Image source, FB Nguyen Tuong Thuy
Mr. Nguyen Tuong Thuy, Vice President of the Vietnam Association of Independent Journalists, was arrested by the authorities on May 23, 2020.
When asked about the health and possible information on the situation of journalists Pham Chi Dung and Nguyen Tuong Thuy since their arrest until now, lawyer Nguyen Van Tham said:
“Because the Department of Security and Investigation of Public Safety and the State has not allowed lawyers to participate in protecting the rights of our clients immediately after their arrest, so far we have not had any information about our clients and the families of Pham Chi Dung and Nguyen Tuong Thuy cannot meet them.
“However, we know that their relatives, although they are not allowed to see them, are being sent to resupply.
“Both men are currently being detained at No. 4 Phan Dang Luu, the headquarters of the Security Investigation Agency, Ho Chi Minh City Police.
“But now, after the investigative security agency officially informed me that they had finished investigating the case, I have guided Pham Chi Dung’s relatives as well as his wife Nguyen Tuong Thuy. that they can contact the detention site so that they can visit it since the investigation is over.
“I would like to add that Mr. Dung and Thuy are being detained at No. 4 Phan Dang Luu, but they are under the administration of Chi Hoa Prison, which has two facilities: one is Chi Hoa Prison and the other. two others are at No. 4 Phan Dang Luu, and I learned that the two men are being detained at this fourth facility in Phan Dang Luu.
“Regarding his health, I know that Mr. Thuy was ill before his arrest, Mr. Dung’s son, before he was arrested, I did not find out, although right after Mr. Dung was arrested, his wife contacted me to ask us to defend her husband.
“Mr. Thuy, before you were arrested, you contacted me directly and told me that if you were arrested, you would ask me to accompany you as your lawyer. After you were arrested, I would not. We can be contacted, only your family members can Contact us and the law allows the relatives of the accused, the accused to seek legal help and defense for their relatives in Court.
“At this point, we will urgently carry out the necessary paperwork and work to better defend and protect the legal rights and rights of our clients before the judiciary and the Courts, As long as we are allowed to interact with our clients, we hope to have complete information and better about their situation, “lawyer Nguyen Van Lanh told BBC News Vietnamese from Saigon. Saigon, October 21, 2020.
