Lawyer who spoke out on Vietnamese sovereignty arrested

The lawyer who wrote the bar association’s proclamation, asserting Vietnamese sovereignty over disputed islands off the country’s central coast, has been arrested by Vietnam’s government.

OK so this is not strictly a Vietnamese-American issue, but I felt compelled to speak out. This is, after all, my blog. (Note also that I’m not speaking in the third person.)

On Saturday, the Vietnamese Ministry of Public Security, acting under what it called an “urgency,” arrested attorney Le Cong Dinh (Lê Công Định in Vietnamese spelling). The purported reason was for “acts against the State” and “libel of the Prime Minister and other comrades in the leadership of the Party and State.”

A closer reading of the news of his arrest, however, shows that the Vietnamese government could not even adequately allege, let alone prove, any of the charges. The same, almost identical “news story” appeared throughout the country’s media, all of which are owned directly or indirectly by the state. Here‘s one sample.

Successful professional

Educated in Ha Noi, Saigon, and at Tulane University – Columbia, the 39-year-old Dinh is highly successful and wealthy. He owns a house in the exclusive Saigon South new development, and has his solo practice in the high-rent District 1 area. (It’s the Vietnamese equivalent of living in Westchester and working in Manhattan.)

Dinh is married to one of the prettiest and smartest women of Vietnam, beauty queen Ngọc Khánh. (That’s Dinh and his wife in the photo above.) In a country where most positions of prominence go to older men and women over 50, Dinh was elected the Vice-President of the Bar Association of Ho Chi Minh City, the umbrella organization for all lawyers in the 9-million-people metropolis.

And yet, he’s taking risks that a wealth-maximizing rational being would not take. In the restrictive and risky environment that is communist Vietnam, Dinh has dared gone against the grain, representing clients that other lawyers would not touch, and speaking out on issues that many others, lawyers or not, would not speak.

These taboo issues include the assertion of Vietnamese sovereignty over the Spratlys and Paracels, and also issues of human rights and religious freedom.

Represented activists

Among clients represented by Dinh are his colleagues Nguyen Van Dai and (Ms.) Le Thi Cong Nhan. Both are attorneys based in Hanoi, and they were most prominent as lawyers specializing in human rights, representing Christians, mostly Protestants, seeking the right to practice their faith. In the picture is Dai in suit in front and Cong Nhan in red behind him.

The two were arrested and charged with acts against the State, and Dinh represented them. Dai was sentenced to 5 years and Cong Nhan to 4 years for their work on behalf of Christians. Yes, we know the actual charge was something like “acts against the State” – but what other “acts” were there, other than representing Christians?

That was in May 2007. Later that year, on news that China has formally annexed the Spratlys and Paracels, thousands of young Vietnamese took to the streets of Hanoi and Saigon in protest. (See, for example, AFP report here.) Police came out in force. No arrest or confrontation was made on the day of the protest, but they were taking names, and in the ensuing days, hundreds were called in for questioning.

Among those being harassed the most, by the Vietnamese government, for asserting Vietnamese sovereignty (if you understand how this works, please do elucidate) was my friend Điếu Cày. Read more about him in previous entries here, here, here, here.

Dieu Cay was eventually arrested and charged with tax evasion. (In restrospect, it may have been a short-lived experiment in charging dissident with something other than acts against the State.) In September of last year, he was sentenced to 2 1/2 years in prison. Representing Dieu Cay was none other than Le Cong Dinh.

The Bar Association’s proclamation

Long before Dieu Cay was arrested, though, there was an unwritten order, enforced by brute force at every level of government, to prohibit discussion of the Spratly and Paracel islands.

And yet, at a plenary meeting of the bar association, attended by the city’s top communist officials, the association’s president Nguyễn Đăng Trừng moved, and the assembled attorneys voted to approve, a proclamation asserting Vietnamese sovereignty over the islands.

The author of the proclamation was Dinh. That’s Dinh at the meeting in the photo to the right. Ironically, one of the few sources for the text of the proclamation and for this picture is Dieu Cay’s blog, here.

Arrested for criticizing the Prime Minister

In announcing Dinh’s arrest, the Ministry of Security specifically cited the Spratlys and Paracels issue, stating that Dinh has “taken advantage of the Spratlys and Paracels issue” to act against the State.

The announcement also claims that Dinh libeled (read: dared to criticize) “the Prime Minister, a few comrades in leadership position of the Party, the government.”

Even that allegation, however, is preposterous. The cited evidence was not that Dinh “libeled” anyone, but more like Dinh was “participating in discussion” of publications by someone else, and it was those other publications that were supposedly “libeling” the high-ranking comrades.

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103 Responses to Lawyer who spoke out on Vietnamese sovereignty arrested

  1. Country First says:

    Mr. Bolsavik,

    This case is just another outragous act of oppression of human rights by the current regime. I strongly urge you, Mr Bolsavik, and fellow blog participants to take emmediate actions to help this gentleman.

    1. Please contact local Bar Chapters to dispatch statement of protests, and to establish monitoring group/committee to follow up on further actions.
    2. Please contact Tulane University Law School faculty and student associations to intervene.
    3. Please contact other well-known law schools such as UCLA ( your alma mater) Harvard, Yale to publicize the case.
    4. Since his wife is a former beauty queen, Donna Trump’s Miss America organization, and Miss Universe organization should be approached for assistance.
    5. Please form a local committee to launch a public campaign for his release.

  2. Jung Kim says:

    A dictatorship commie regime must be destroyed.

    Let’s help out this lawyer.

  3. Country First says:

    ĐOÀN LUẬT SƯ THÀNH PHỐ SAIGON TUYÊN BỐ :

    Hoàng Sa và Trường Sa đã, đang và sẽ mãi mãi là lãnh thổ không tách rời và bất khả xâm phạm của Việt Nam cả về phương diện pháp lý (de jure) lẫn phương diện thực tế (de facto).

  4. Country First says:

    I know a person who used to run a weather station on Hoang Sa in early 1970s.
    Those islands belong to Vietnam.

  5. GOSSIPSAIGON says:

    Where has you been man? By the time you posted this story here, the guy would have been executed by the regime.

  6. Pillar Point Man says:

    Funny how these VietNamese Communist clowns are quick to arrest and prosecute concerned Viets but sell their own country (probably their mother) to China. What a bunch of cowards.

  7. marcus says:

    Please see http://www.seapabkk.org/newdesign/alertsdetail.php?No=1103 for assistence on how you can help.

  8. Country First says:

    Mr. Roby Alampay, Executive Director
    Southeast Asian Press Alliance :

    I strongly urge your organization to approach the following dignitaries for diplomatic assistance :

    1. Al Gore. He is intimately involved in the negotiation for the eventual release of the two American TV reporters by North Korea.

    2. Bill Richardson, who has had success in the past in freeing Americans held by North Korea. In 1996, a 26-year-old American whose mother was Korean, Evan C. Hunziker, was accused of spying after he swam across the Yalu River from the Chinese border. Richardson, then a congressman, negotiated his release. He is an expert in dealing with dictators.

    I would also like to suggest you to expand your petition targets to include not only the Vietnamese embassies, but also members of cabinets, legislators, university faculties and student organizations, lawyers and professionals, Korean and Japanese embassy in Vietnam.

  9. Country First says:

    Vietnam’s tourism expo to take place in October 1 – 3, 2009

    As many as 450 travel and tourism companies from all over the world are expected to take part at Phu Tho Exhibition Centre in October.

    This is such a tantalizing event to publicize the arrest of attorney Le Cong Dinh.

    Green Peace has an excellent trick for publicity stunts. Learn from them.

  10. Country First says:

    Clash of submarines in Pacific Ocean, between US and Chinese in June 2009.

    U.S. Navy is constructing a new generation of very sensitive underwater sonar detecting apparatus on the floors of Pacific Ocean. However, the US vessels have been shadowed by Chinese submarines. Parts of the sonar network have been sabotaged or damaged.

    China has called the latest collision between Chinese and U.S. naval vessels an accident, but many of the elements echo previous altercations that have raised concerns that China’s navy is growing increasingly aggressive in its patrols of the waters off its coast.

  11. Jung Kim says:

    China’s growing military might is one of major concern for the US gov’t today.

  12. Concern_Viet says:

    It is also a concern for Viet Nam as well. Viet Nam brought 10 attack submarines and a number of fighter jets from Russia to China’s military growth.

    @Pillar Point Man, great point. appeasement by selling off your land is not a good foreign affair policy.

  13. Tien Huynh says:

    All the immoral things come from the immoral Viet communist party. The solution for our beloved country now is to disband this evil party. The question is HOW. Will all the Viets please preserve our energy and intelligence for trying to find the answer! (Protesting on the streets, oprressing free speech, infightings among ourselves, etc.. haven’t provided an answer.)

  14. SwineQueen says:

    Country First quoted ĐOÀN LUẬT SƯ THÀNH PHỐ SAIGON :

    Hoàng Sa và Trường Sa đã, đang và sẽ mãi mãi là lãnh thổ không tách rời và bất khả xâm phạm của Việt Nam cả về phương diện pháp lý (de jure) lẫn phương diện thực tế (de facto).

    The VNmese government repeately made the same claim, so I don’t know why you quoted it here ?

    They arrested Mr. Dinh not because he made a different claim about those islands, but because as they said, he used it as a cause to entice unrests.

    The VNmese government very much aware of the Chinese threat, I think at this monet they’re working with the US, trying to contain the Chinese. But until they’re ready they don’t want to provoke the Chinese prematurely. They want to fight on their own terms and time table, so they want the dissidents to shut up.

  15. xu says:

    His wife is a hottie. Just thought I’d throw that in.

  16. Country First says:

    Mr. Tien Huynh,

    It has always been my pleasure to chat with you. I am glad you here with me again.

    From my vantage point, I do see some green shoots of grass root democratic movements sprouting all over the landscape. They are public discussions and forums in Santa Ana and other places.

    Do not be confused with the wild weeds.

  17. Country First says:

    SwineQueen,

    I must admit your question confuses me a lot, pardon me for my tardiness.
    The accusation that Le Cong Dinh used those claims as a cause to entice unrests appears to me preposterous.

    As you said the regime had issued similar statements; therefore, regime’s claims could also entice unrests. If the same remarks are being released by two different sources, then either both are legal or both are not.

  18. SwineQueen says:

    Country First,

    That’s why I told you the claim by Mr. Dinh about those islands is not significant, every Vietnamese citizen can make that claim
    anytime & anyplace in VN without any problem from the Vnmese government. So there is no need for you to post it here.

    I’m sure to get into trouble Mr. Dinh was doing a lot more than making that claim. For now, we haven’t seen much details but the VNmese government will present evidences in court to back up their accusations.

    Anyone knows how his wife is doing lately ? Has she made any statements about the case ? she is such an intelligent, articulated, and good looking woman !

  19. SwineQueen says:

    Tien Huynh wrote : “The solution for our beloved country now is to disband this evil party”

    Ha ha ! doesn’t sound like a good solution until you tell us HOW ?

    This solution have came up thousands of times among the genius oversea politicians and political groups in the last 4 decades. Have we seen any slightest results ?

    Oh men … I’m tired of those empty & ancient rhetoric !

    My ugly & poor younger brother’s forever dream is to marry Paris Hilton. But since he is ugly and poor, the simple solution is he needs to make Paris Hilton to madly-fall-in-love with him. But HOW ?

  20. Jung Kim says:

    Everything has a price and the real question is ….. who has his/her guts to pay for it?

    Who is going to give up his/her life to achieve greater good?

    We don’t need politicians but real MAN to step up and put end to this pathetic commie regime.

  21. SwineQueen says:

    >Who is going to give up his/her life to achieve greater good?

    I volunteer Ly Tong & Jung Kim.

  22. Pillar Point Man says:

    @ Country First, which weeds are we referring to? Questionable bloggers or the vegetation certain people inhale?

    @ SwineQueen, are we on the topic of politics or beauty pagaent?

  23. Pillar Point Man says:

    I pay deference to the above bloggers and do not intend to overstate my position and be misunderstood in any manner. In my limited view, there is most likely a game plan in mind for the US policy maker.

    The best course of action for VN is to adhere to what Tien Huynh keeps repeating, uphold one’s morality. The Communist policymakers should follow the US lead and not use this opportunity to further their own personal end. This would be construed by the US as a means for the current leaders to maintain their stranglehold on their own people.

    What would the rest of the world think about the US and Viets in VN and abroad?

  24. Elaine Mai says:

    Pillar Point Man,

    We talk politics but the striking beauty of that lawyer’s wife can’t be ignored. I can’t help it but keep thinking about how this woman is dealing with the difficult situation since her husband now in custody. Before his arrest, she has always been a darling of the VNmese media : intelligent, smooth talker, pretty & always with a cheerful manner. But does her attitude & manner changed now ?

    what is her political stand regarding this situation ? was she aware of what her husband has been doing ? was she a part of his political affiliation ?

    And for Mr. Dinh, most men who have a beautiful wife like her, and with their combined profesional, economic, and social successes, would not risk it all by involving in any dissident acts.

  25. Pillar Point Man says:

    @ Elaine Mai, good point.

  26. Country First says:

    The rise of protectionism policy :

    “China has introduced an explicit “Buy Chinese” policy as part of its economic stimulus programme in a move that will amplify tensions with trade partners and increase the likelihood of protectionism around the world.
    In an edict released jointly by nine government departments, Beijing said government procurement must use only Chinese products or services unless they were not available within the country or could not be bought on reasonable commercial or legal terms”

  27. Country First says:

    New Weapons of Democracy :

    Have you been following the explosive revolution in Iran in the past few days ?
    It is about the new people’s weapons against oppression.

    Cell phones are the main network of communication.
    Facebook becomes the center of community.
    Twitter is the new public park.

    These new technologies are the infrastructures of democracy!

    Thirty years ago, the Shad of Iran was brought down initially by mostly college students; then, the radical Islamic extemists to took over the uprising.

  28. Country First says:

    The impact of the Internet :

    Can the Internet Bring Democracy to China?
    Interviewee: Xiao Qiang, Director, China Internet Project.

    Xiao says strong Internet voices are emerging in favor of democratic reforms in China. He notes that this strain of opinion can at time conflict with nationalistic voices in the country, such as those that emerged in response to last year’s pro-Tibet rallies, which have also been amplified by the Internet. But Xiao says nationalistic and reform-oriented voices also overlap. “The same people who are very nationalistic” on issues like Tibet can be “very vocal to support political reform,” he says. Xiao says the “jury is still out” on what China’s experience with the Internet says about the medium as a democratizing factor. He stresses, however, that the Internet has proved to be a liberal force for the Chinese society, and could, in the long run, lead to a less repressive government in the country.

    Podcast: http://www.cfr.org/publication/19385/

  29. Country First says:

    A Proposed Video Project on Freedom :

    Please watch the following youtube first :
    http://www.youtube.com/watch?v=KKziIkMl7aU

    Vietnamese media networks could sponsor a similar video project.

  30. Jung Kim says:

    SwineQueen to be roasted, your mouth will be smothered with hot sauce for 30 minutes before dumped into a BBQ pit.

    A gutless swine can satisfy many hungry homeless people.

  31. Country First says:

    Rep. Loretta Sanchez Calls for Release of Vietnamese Attorney :

    “The recent arrest of lawyer Le Cong Dinh by Vietnamese officials is further evidence of Vietnam’s continuing disregard for basic civil and political liberties. The U.S. and international community cannot continue to turn a blind eye to the oppression of individuals like Mr. Dinh, who bravely and non-violently protest for freedom and democracy.

    “Time and time again, the Government of Vietnam has taken actions that suggest it is unwilling to improve its abysmal human rights record and for that reason I am continuing to push to have Vietnam relisted on the U.S. Department of State’s list of Countries of Particular Concern. I urge my Congressional colleagues to support me in a letter calling for the release of Mr. Dinh and other activists who have been persecuted for practicing their right to free speech and expression.”

  32. Pillar Point Man says:

    @ Country First: Gone fishing lately? Do you mean Shah or bait?

  33. Country First says:

    Pillar Point Man,

    Thanks for your correction. The Shah of Iran.
    He was overthrown by the Iranian Revolution on 11 February 1979.

    I like fishing, but fish does not like me. I have not caught any yet for 20 years.

  34. Pillar Point Man says:

    The Shah was also the one who purchased a lot of US military hardware. The country owned F-14s, then very sophisticated fighter aircraft. He was also the one who commissioned Mercedes to design and produce the famous SUV G-class.

  35. Country First says:

    China’s new sea map :

    Three countries being effect with this new claim : Vietnam, Philippines, and Malaysia.

  36. Country First says:

  37. Country First says:

    http://media.photobucket.com/image/china sea map/ralphrepo/PopularAsians/ChineseClaimToSouthChinaSeaMap001.jpg?o=1

  38. LouCiffer says:

    Mr Le cong Dinh was ‘ shown ” on TV reading a prepared text , admitt wrong doing and asking for leniency
    Another brave man succumbed to the brutally oppressive regime

  39. Country First says:

    I beg to differ from your opinion. He did not succumb to the pressure.

    Mr Le Cong Dinh did exactly what he must to show the world that it was a carefully crafted statement by the regime, and that he was coerced to read.

    A common practice by terrorists of having hostages read “confessions”.

  40. SwineQueen says:

    As I told you 2 days ago : the claim by Mr. Dinh on Vietnamese sovereignty has nothing to do with his arrest, and I also said “I’m sure to get into trouble Mr. Dinh was doing a lot more …”

    Today, according to VietnamNet : Mr. Dinh has confessed that he is a member of a Democracy Party (Dang Dan Chu) and he also had connection with the Viet Tan Party. (You all know that a few Viet Tan’s members have been arrested before). For more details please read here :

    http://vietnamnet.vn/xahoi/2009/06/853725/

  41. Country First says:

    Forced confession is a common terrorist practice :

    http://www.youtube.com/watch?v=fB8uNwcQB_0

  42. SwineQueen says:

    Country First said : “Forced confession is a common terrorist practice”.

    But why Le Cong Dinh ?

    This good looking, rich, and well educated intellectual (with a pretty wife, who is a public & media’s darling) should be the positive showcase for the regime.

    There must be something that made them considered him a threat !

  43. Country First says:

    Theo người phát ngôn Bộ Ngoại giao Việt Nam: “đảm quyền tự do ngôn luận, tự do chính kiến của công dân và khuyến khích người dân đóng góp ý kiến và tham gia tích cực vào mọi mặt đời sống của đất nước”.

    Theo thông tin do Bộ Công an cung cấp, Lê Công Định đã có hành vi vi phạm pháp luật Việt Nam, câu kết với một số đối tượng ở nước ngoài hoạt động nhằm chống Nhà nước CHXHCN Việt Nam. Việc bắt giữ Lê Công Định được tiến hành theo đúng trình tự của pháp luật Việt Nam.

    SwineQueen, quyền tự do ngôn luận is a threat for the regime.

  44. Publius says:

    Statement from Congressman Cao regarding the arrest of Le Cong Dinh:

    Mr. (Madam) Speaker,

    Mr. / Madam Speaker, I ask unanimous consent to address the House for one minute to revise and extend my remarks.

    Mr. / Madam Speaker, recently the US Ambassador to Vietnam, Mr. Michael Michalak, holds the position that the Socialist Republic of Vietnam need not be put back onto the U.S. Department of State’s CPC list because, based on his views, Vietnam has made sufficient improvements to its human rights policies.

    Recent developments show how wrong the Ambassador is. Not to mention Vietnam’s other numerous human rights violations against people of different religious persuasions.

    Just days ago, they arrested Mr. Le Cong Dinh, a prominent lawyer in Vietnam, for openly defending human rights and for using the internet as a medium to express the principles of freedom and democracy.

    Vietnam’s arrest of Mr. Dinh contradicts its own alleged commitment to internationally-accepted criteria of human rights.

    Today, I call upon the members of this body to join with the U.S. State Department to release Mr. Dinh immediately and unconditionally, as well as all other prisoners in detention for peacefully expressing their views.

    His immediate release will be a significant step in affirming the sincerity of Vietnam’s intention to respect the rule of law.

    I yield back my time.

  45. Publius says:

    SwineQueen & Country First,

    >> There must be something that made them considered him a threat !

    Intellectual capacity + social influence + political activism = GREAT THREAT TO THE VCP.

    If Mr. Dinh simply exercised his “freedom of speech” on non-sensitive matters, such as economic development, cultural affairs, etc. and stay content as a successful lawyer, he would be fine.

    He chose to embark on the political path, seeking to bring more freedom to his people. He has been smart and careful since the beginning, fighting with the current law on his side, but I suppose new circumstances demand more involvement. Once you embark on that path, danger is always around the corner.

    I’d say Mr. Dinh earned my utmost respect for despite many other safe options, he chose to do what he did. The new generation of Viet lawyers like Le Cong Dinh, Le Thi Cong Nhan, Le Quoc Quan, Nguyen Van Dai truly made me proud as they have courageously and effectively taken the lead in the struggle to develop and advance the rule of law and democratic reform in Vietnam.

    In Mr. Le Cong Dinh, I see much potential of a new leader for democracy in Vietnam. I wish him strength during this difficult, but unavoidable, time.

    Every struggle has a cost. Those who aspire to be leaders must not only inspire with their words but also must serve as an example.

  46. Country First says:

    Publius,

    I am glad you come back. Here is my recent comment about you on a different topic “Nguyen Cao Ky is commie all over again”


    Recent comments on this blog have brought my attention to a particular writer “PUBLIUS”.

    I am at awe with his eloquence and temperament, regardless of his predisposition.

    http://bolsavik.com/2008/06/nguyen-cao-ky-is-commie-all-over-again/#comments

  47. Country First says:

    This video of forced confession is another indication that the regime might have under-estimated public outcry.

    Having hostage read from a prepared text is a common terrorist practice
    , for propaganda purposes.

    Mr Le Cong Dinh did exactly what he must to show the world that it was a carefully crafted statement by the regime, and that he was coerced to read.

    This forced confession is probably part of a negotiated “face-saving” settlement which eventually lead to his “rehabilitated” release.

    These tactics are in the terrorist’s repertoire of extortion and intimidation.

  48. SwineQueen says:

    Country First wrote on June 16 (to the Director Southeast Asian Press Alliance) :

    “I would also like to suggest you to expand your petition targets to include not only the Vietnamese embassies, but also members of cabinets, legislators, university faculties and student organizations, lawyers and professionals, Korean and Japanese embassy in Vietnam.

    It’s pathetic that VNmese-Americans always ask for helps from American lawmakers and American Officials. Can we fight our own battle without crying for help like little babies ? Everytime we asked those Americans for help, the Vnmese government simply respond by giving that dissident a heavy sentence then immediatelly ship him/her out of VN.

    I think Mr. Dinh’s fate will not be much different from his predessors. Soon he’ll be a permanent resident of Little Saigon like most of us, and soon he’ll be another Vietkieu amrchair politician, regularly chatting with us on this Bolsavik blog.

  49. Country First says:

    ** It has always been my belief that the struggle for freedom must be borne by the Vietnamese people.

    And the Vietnamese people have responded tremendously and enthusiastically, the peasants, the villagers, the city folks. Those who want freedom from corruption, and liberty from arbitrary arrests.

    The people have responded with small rallies in the village against local corruptions, many protests in the cities against unfair land takeover.

    The people of Vietnam have spoken. Do you hear their cry for justice ?

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