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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:
- The Honorable Ex-PM should
be immediately arrested and sent to jail for aiding and abetting criminals,
or
- 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:
- 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.
- 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.
- 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.
- 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