Thursday, July 15, 2010

ĐƠN YÊU CẦU XÉT LẠI VỤ ÁN NGUYỄN HỮU CẦU Dịch Sang ANH NGỮ

Đơn Yêu Cầu Xét Lại Vụ Án của Nguyễn Hữu Cầu Dịch Sang Anh Ngữ

Quỹ Tù Nhân Lương Tâm / Prisoners Of Conscience Fund

Nhân Quyền cho Việt Nam / Human Rights For Vietnam

Friday, July 9, 2010

http://qtnlt.blogspot.com/2010/07/on-yeu-cau-xet-lai-vu-cua-nguyen-huu.html

Socialist Republic of Vietnam

Independence – Freedom – Happiness

Letter of Accusation

And

Appeal against a 28 years old Verdict


To: Chief Judge of the Supreme People’s Court of Vietnam
Chief Prosecutor of the Supreme People’s Procuracy of Vietnam
Minister of Public Security
State General Inspector

CC: Mr Nguyen Bac Truyen and his immediate family members (currently residing at No 29 42th Street, Commune 4, 4th District, Hochiminh City).

Dear Sirs,

I am Nguyen Huu Cau, born in 1947 at Saigon, detained and jailed on 9/10/1982
The offends: Sabotage
Sentence: Life-Imprisonment (28 years of imprisonment to-date)
Currently confined in Section K2 at Xuan Loc Prison Camp, Dong Nai province.

I wish to disclose the details as below:
In 1981 I accused the Vice-Chairman of Kien Giang People’s Committee and Chief Prosecutor of People’s Procuracy of Kien Giang province of committing five serious crimes.

Following my accusation, in 1982 these two officials had instructed to arrest me with a false accusation: composing “anti-revolutionary” poem and music against government. They used a music book (composed by Tran Thanh Tam in 1974) and made a lot of changes to its content. I was tortured, beaten and forced to acknowledge the invented crime. As a result of this, I received a death sentence.

In 1983, they amalgamated my case with another case concerning medical staffs and doctors working at Kien Giang provincial hospital in order to distract public attention. From 20/05/ - 23/05/1983, I appeared in the Local Court set up at Nghe Do Theatre, Kien Giang. One of my granted last words was: “the Chief Prosecutor of People’s Procuracy of Kien Giang province has committed crimes as per my accusation in 1981. Today, in contrast, he accuses me with falsified crimes. I am ready to accept the death sentence in this court while waiting for the final verdict at the Supreme Court (these last words were recorded by an AKAI Cassette recorder at the court).

From 27/05 to 31/05/1983, in accordance with the constitutional rights, I lodged an appeal and listed out 100 more evidences which were not presented in the Local Court. However, I was only allowed to list out 5 evidences and was told that I have to “present the remaining 95 evidences in the Supreme Court”.

Two years later, under enormous pressure from my family, friends and even some government officials, officials from the Supreme Court of Hochiminh city were sent to Kien Giang province to investigate my case.

From 9/05/1985 to 23/05/1985: during a working session of 14 days at Cau Van prison camp, I had revealed the proof of 100 criminal evidences to government lawyers and representative of the Supreme Court. In order to give me a death sentence, the Local Court had discarded these hard evidences. With these hard evidences I could easily avoid the death sentence and clear the verdict.

Most importantly, in the afternoon of 23/05/1985, in front of my family members, the representative of the Supreme Court had suggested that: I should not disclose those hard evidence in exchange for a granted bail and they will later arrange for the arrest of the Vice-Chairman of Kien Giang People’s Committee and Chief Prosecutor of People’s Procuracy of Kien Giang. Subsequently, I will be re-trialed with a no guilty verdict.

However, in the one hour court session held at Chau Van Theater on 24/05/1985, I got a “reduced” sentence to “Life-Imprisonment” while waiting for the authorities to “arrange” for the arrest of these two officials.

One month later, to follow-up with this court case, press and a number of relevant authorities had tried to see me in the Cau Van prison camp for further clarifications. However, local authorities had avoided any such contact by transferring me to another prison camp in U Minh. Prison wardens at U Minh prison camp reluctantly accept this transfer as they only accept prisoners serving 5 years or less. While at U Minh prison camp, in the third and fourth quarter of 1985, I lodged two complaints to Le Duan, the General Secretary of Vietnamese Communist Party. As of today, after a quarter of a century serving at Xuan Loc prison camp, I had lodged almost 500 complaints and 1000 requests for review but nothing happened. My efforts together with hundreds of hard evidences channeled through the management of the prison camp had gone forever. Below is one of many receipts acknowledged by a prison guard:

Acknowledgement of Receipt (I still have the original copy in my possession)
I, Nguyen Trung Co, a prison guard at section K2, hereby acknowledge the receipt of a set of 20-pages document from the inmate Nguyen Xuan Cau requesting a Review. It is requested that the document be lodged to the Supreme People’s Court of Vietnam, the Supreme People’s Procuracy of Vietnam and Minister of Public Security through the management of the prison camp.
Xuan Loc, 1/02/1999
Signed by Nguyen Trung Co

That prison guard at was a first lieutenant at that time, now after 11 years he has progressed to the rank of lieutenant colonel, but sadly my request for review has made no progress to-date. Where to all of these hard evidences had disappeared? I had been told by the prison management that all documents sent by post were displaced and lost. Attempts to pass on the documents to my family members through the finished serving inmates are strictly not allowed as it “violates the prison rules”. For example, after many failed attempts to post my appeals to the country president, I tried to pass on the document to a finished serving inmate but was caught and disciplined in confinement. In contrast, prison guards who tried to stop me from sending the appeals never got disciplined for “violating the rules” (suppressing information).

Dear Sirs,
I had been in the re-education camp between 1975 to 1980, and subsequently further 28 years of imprisonment. Years of imprisonment has lead to my family breakdown and further lack of legal knowledge. In order to clear my name and bring the criminals to justice, I have authorized Mr Nguyen Bac Truyen and members of his family, who currently reside at No. 29 42th Street, Commune 4, 4th District, Hochiminh City to handle my appeal process with relevant Vietnamese authorities and international organizations.

Yours Sincerely,

Signed
Nguyen Huu Cau
Dated ----- 2010

Đơn nguyên bản :

https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhZeMgHND35l7Lchi7klMUAoGDPvJK5KD9R1cbhPabGbgl7_2QazziDQhwNcaotzcPj-LOLJcmcACHfF-nRmCMxk9WVCmwHjYowl6-v83TMBskiVEyaN6n3I1TknHFlB3SDLEyUKVjRIqc/s640/NguyenHuuCau_01.jpg

https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjRuTEjK_hFt9meCnRvjXlhf0u4ej413Kaq0CxLND08day-D8gQ6vHDXapv5PBt-YvItgYsmQ1FxS3lBWXtlAD3gWx91QqaqdGUsT5s-p8WtQVBgLdVNZWnJ8hpUmqePx6kW65M5gfNegM/s640/NguyenHuuCau_02.jpg

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