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Typical Communist Double Talk

Ðằng Vân

Point of View

Week Ending 6 May 2007

For the Communist Party of Vietnam (CPV), the suffering of the people has no meaning whatsoever. While the wife (Vu Minh Khanh) of Attorney Nguyen Van Dai, the mother (Tran Thi Le) of Attorney Le Thi Cong Nhan, the brother of Father Nguyen Van Ly and families and friends of all those people incarcerated pursuant to section 88 of the Criminal Code for allegedly “spreading anti-communist government propaganda”, are terrorized by the state secret police, one of its “elder statesmen” Ex-PM Vo Van Kiet has the callousness to make statements which read as follows:

According to the BBC, 4 May 2007, he said:

“Political views that are different and opinions that vary are normal. The important thing is dialogue, to exchange views on an open and equal basis.”

He also added that the government should not apply “administrative measures as the first step” to these people (who have different views) except “when these people or facts are dangers to the nation, but (the government) cannot condemn or accuse them.”

Well, if this is the case then either:

  1. The Honorable Ex-PM should be immediately arrested and sent to jail for aiding and abetting criminals, or
  2. Attorneys Nguyen Van Dai, Le Thi Cong Nhan, Le Quoc Quan and others currently under arrest pursuant to section 88 should be released immediately and unconditionally.

How can Mr. Vo Van Kiet say such things on the face of the flagrant violation of civil and human rights by the CPV government of which he was a prominent leader?

The answer lies at the heart of the 1992 Communist Constitution. Such constitution is the example par excellence of communist double talk and sick joke on the Vietnamese people:

  1. First the constitution through articles 54, 69, 70, 71, 72, 73 and 74 gives the people freedoms to vote, of expression, of religious belief, habeas corpus, presumption of innocence, sanctity of their home and the right to lodge complaints against government actions respectively. But article 4 of the constitution effectively mandates that the CPV shall be the leading force of government and society (in other words it shall hold political power) for eternity. Using article 4 the CPV passes many laws that impudently violate the freedoms and rights granted by the 1992 constitution.
  2. However, the 1992 constitution fails to make provisions for an impartial judicial arbiter, such as the equivalent of the USA Supreme Court, to adjudicate on the constitutionality or otherwise of a law or an executive action. When a law such as section 88 of the criminal code, which clearly violates article 69 cited above, is applied in the cases of Attorneys Nguyen Van Dai, Le Thi Cong Nhan, father Nguyen Van Ly and others, there is no independent judicial authority to declare such law anti-constitutional. Thus in Communist Vietnam the issue of constitutionality or otherwise of a law or an executive action never arises. This legal abnormality, under the so-called socialist rule of law, gives rise too unfathomable suffering by the people and unchecked abuse of power by Communist authorities.
  3. In addition although both the constitution and the criminal code make provisions for due process, the fact that article 4 has enabled the CPV to control tightly the army, the police, the judges, the courts and the people’s inspectorate, invariably due process was never granted to political dissidents. That is the reason why they can be arrested at any time, held in custody at the pleasure of the CPV, their homes and private possessions violated and there is not a murmur of opposition from within the country.
  4. And last but not least, lawyers and their trade associations (the various law societies) are tightly controlled by the CPV. Lawyers who dare to challenge the government and protect the interests of defendants are at risk of losing their practicing licenses and go to jail.

Given the parlous circumstances in which the people of Vietnam live, under the kind of totalitarian dictatorship Vo Van Kiet has actively assisted in building, his double talk about dialogues and exchange of ideas is the height of hypocrisy, and a blatant insult on the intelligence of the Vietnamese people.

But it is typical Communist double talk. It is a sick joke on the unfortunate Vietnamese people. Vo Van Kiet and his clique will one day pay dearly for their wanton conduct.

Ðằng Vân

7 May 2007