THE
LONG AN PEOPLE’S PROCURATORATE
THE PEOPLE’ PROCURATORATE OF TÂN
AN CITY
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Code
number: 120/QĐ/KSĐT
|
THE
SOCIALIST REPUBLIC OF VIETNAM
independence - Freedom -
Happiness
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Tân
An, September 6, 2013
|
INDICTMENT
The Head of the People’s Procuratorate
of Tân An City
Pursuant
to Articles 36, 166 and 167 of the Vietnamese Criminal Procedure Code;
Pursuant to Decision No. 02 to institute the criminal
case No. 02; Decision No. 02 by the Investigating Body under the Long An Police
to initiate criminal proceedings against the accused for “abusing democratic
freedoms to infringe upon the interests of the State, the legitimate rights and
interests of organizations and/or citizens” as stipulated by Article 258 of the
Vietnamese Criminal Code;
Pursuant to the decision to pass the case no. 195,
dated September 3, 2013 by the Long An People’s Procuratorate to the People’s
Procuratorate of Tân An City, Long An Province, for authorized prosecution;
Pursuant to the investigative results;
Establishes the facts of the case as follows:
In around 2010, Đinh Nhật Uy had his friend create a
facebook account whose nickname is Đinh Nhật Uy.
Initially Đinh Nhật Uy only used it to send messages
to friends. But as from around November 2012, after his younger brother Đinh
Nguyên Kha was charged with conducting propaganda against the State of the
Socialist Republic of Vietnam, this facebook account was regularly used by Đinh
Nhật Uy to post news, to sare [misspelling of “share” – note by the translator]
images and links, and to send messages.
(The accused’s declaration: record no.97-100, no.
119)
Beside articles, images and information sharing with
ordinary contents, Đinh Nhật Uy posted bad and false information about the
State, organizations and individuals:
- The article titled “Those Party members who dare to
accept the truth”, created on December 19, 2012. This article quoted the talk
between two communist cadres in a café, evaluating the leaders’ capacity to
govern the country with offensive languages, but failed to prove the factual
basis of this talk.
(The accused’s declaration: record no. 107-109;
confiscated documents: record no. 48-49)
- The post created on December 21, 2012 contained offensive
language, insulting Mrs. Nguyễn Thị Thâm (who lived in the house opposite to
Uy’s, and was the Deputy Head of the residential district’s women association.
(The accused’s declaration: record no. 107-109;
confiscated documents: record no. 47-48)
- The post created on January 22, 2013 reported on
the activities of the group “Patriotic Youth” who distributed pamphlets in the
area of Long An province, although Đinh Nhật Uy was aware that “Patriotic Youth”
is an anti-state organization.
(The accused’s declaration: record no. 114-115;
confiscated documents: record no. 40)
- The post created on March 2, 2013 contained crude
words, insulting and influencing the brand of the Vietnam Military
Telecommunications Group (Viettel) [It
should be “Vietel” – note by the translator] and the Vietnam Posts and
Telecommunications Group (VNPT).
(The accused’s declaration: record no. 112-113;
confiscated documents: record no. 33-34)
Those above-mentioned images and articles were seen
and read by many people. Many people shared, pressed “like”, and gave comments,
of which many comments smeared and insulted the State, organizations and
citizens.
Besides, Đinh Nhật Uy raised many issues on his
facebook page for others to read and comment, using offensive language.
For example, on January 2, 2013, on posting the link
into the article titled “Exposing the true face of the human right award
Hellman/Hammett” published on trandaiquang.net [trandaiquang stands for Trần Đại Quang, the name of the Vietnamese
Minister of Public Security; trandaiquang.net appears to be a pro-state website
– note by the translator], Uy commented, “What a lie. You can only cheat
the fools.” Below this post of him, there were 18 people pressing “like” and 7
people giving comments, many of those comments were insulting.
(The accused’s declaration: record no. 104-106;
confiscated documents: record no. 43-44)
On the contents of Đinh Nhật Uy’s articles and the
comments, according to the Examining Report, no. 01/BB-GDDVH, dated July 18,
2017, examiners at the Long An Department of Culture, Sport and Tourism confirmed
as follows:
1. On the contents of the articles by the accused Đinh
Nhật Uy:
- The article printed on sheet 03 trespassed on the
Vietnam Military Telecommunications Group (Vietel) and the Vietnam Posts and Telecommunications
Group (VNPT), badly influencing these organizations’ brand and business
results.
…
2. On the contents of the comments
Some
comments printed on this sheet [verbatim – note and bold by the translator]
trespassed on the prestige of such organizations as the Vietnamese People’s
Police, the Vietnam Military Telecommunications Group (Viettel) and the Vietnam
Posts and Telecommunications Group (VNPT); infringed upon the dignity and
prestige of some related individuals.
3. That Đinh Nhật Uy posted those above-mentioned
articles on his personal facebook page, connected with and shared other
people’s facebook pages trespassed on social order and security, the prestige
of the Vietnamese People’s Police and other related organizations and
individuals.
(Examining report: Record no. 227-228)
In this legal case, some organizations and
individuals whose legitimate rights and interests were infringed on such as
Viettel, VNPT and Mrs. Nguyễn Thị Thâm had requested legal punishment upon Đinh
Nhật Uy but had not claimed compensation for the damaged caused by the
infringement on their honor, dignity and prestige.
(Record no. 219, 220-226, 441-451)
PROOFS OBTAINED IN THE CASE
1. 01 (one) computer, black case;
2. 01 (one) mobile phone brand NOKIA N93i, black
cover.
3. 01 (one) book titled “BÊN THẮNG CUỘC”, I. GIẢI
PHÓNG [“The Winning Side”, I. Liberation
– note by the translator] by Huy Đức;
4. 01 (one) book titled “CHẾT BỞI TRUNG QUỐC” [Death by China, by Peter Navarro và Greg
Autry – note by the translator], translated by Trần Diệu Chân;
5. 01 (one) A4-sized paper depicting Nguyen Phuong
Uyen’s portrait picture and a printed line, “Freedom for Nguyễn Phương Uyên”;
6. 01
(one) A4-sized paper depicting Dinh Nguyen Kha’s portrait picture and a printed
line, “Freedom for Dinh Nguyen Kha”;
7. 01
(one) student notebook with a report on how the Court’s officers received and
dealt with lawsuits;
8. 06
(six) T-shirts with the line “Hoàng Sa - Trường Sa - Việt Nam” [Paracels - Spratlys - Vietnam – note by the
translator]
9. 02 (two) T-shirts with the line “NO TO U-LINE!;
YES TO UNCLOS!” on the front [U-line is
the Chinese nine-dotted line or ox-tongue line, UNCLOS stands for United
Nations Conventions on the Law of the Sea – note by the translator]; and
the line “NO-U FC; XOÁ “ĐƯỜNG LƯỠI BÒ” BẢO VỆ BIỂN ĐẢO VIỆT NAM” on the back [NO-U FC; abolish “the ox-tongue line”,
defend Vietnam’s islands and seas. No-U FC means No-U Football Club, an
underground group objecting to China’s nine-dotted line – note by the
translator].
These
proofs are being kept by the Department of Execution of Criminal Judgments and
Legal Aid under Long An Police.
(Instruction
on the receipt of the proofs, minutes of the delivery of the proofs: record no.
438-440)
Based
on the above-listed facts,
CONCLUSION
Inspired by personal motives, between November 2012
and June 2013, Đinh Nhật Uy published on his facebook page many articles and
posts that were misleading, defamatory, and offensive against the State, organizations
and citizens, infringing upon the interest of the State, the legitimate right
interest [incorrect quotation. It should
be “legitimate right and interest” – note by the translator] of organizations and citizens. Besides,
Đinh Nhật Uy raised some issues on his facebook page for others to read and
comment, using offensive language.
Therefore
there is enough evidence to confirm that the accused, whose profile is written
below, committed crimes as follows:
Full
name: Dinh Nhat Uy
Birthday:
June 8, 1983
Address:
number 584 Highway 62, ward 6, Tân An city, Long An province
Occupation:
Director of AT Ltd. Company
Ethnicity:
Kinh; nationality: Vietnamese; religion: Buddhism
Father:
Đinh Văn Chuộn, born in 1956 (alive)
Mother:
Nguyễn Thị Kim Liên, born in 1961 (alive)
Siblings:
02 persons, born in 1979 and 1988 respectively. The accused himself is single.
Court
and prison records: none.
The
accused has been in detention as from June 15, 2013 until now.
The above-mentioned acts by the accused Đinh Nhật Uy committed
“abusing democratic abusing democratic freedoms to infringe upon the interests
of the State, the legitimate rights and interests of organizations and/or
citizens” as stipulated in Article 258 of the Vietnamese Criminal Code.
Article 258 of the Vietnamese Criminal Code provides
that
1. Those who abuse the rights to freedom of speech,
freedom of press, freedom of belief, assembly, association and other democratic
freedoms to infringe upon the interests of the State, the legitimate rights and
interests of organizations and/or citizens, shall be subject to warning,
non-custodial reform for up to three years or a prison term of between six
months and three years.
…
For
the above reasons,
DECISION
To prosecute the accused Đinh Nhật Uy for “abusing democratic
freedoms to infringe upon the interests of the State, the legitimate rights and
interests of organizations and/or citizens” as stipulated in Section 1, Article
258 of the Vietnamese Criminal Code.
Attached with this indictment are:
+ Documents of the case, including:…… volumes,…….
pages numbered from 01 to…….
FB Đoan Trang
