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Loc Hung Garden Incident: Government’s Forced Eviction Is Without Legal Merits

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Photo Courtesy: Facebook Uyen Vu.

January 8, 2019| The forced eviction in the area known as Loc Hung vegetable garden in Ho Chi Minh City continued at daybreak today.

At about 5:50 A.M., Facebookers in Vietnam reported that hundreds of police and plainclothes security police had resumed their demolishment at Loc Hung. By 6:00 A.M., the authorities have arrested Cao Ha Truc, one of the leaders representing the Loc Hung residents in their land dispute with the government during the last 20 years, along with his wife.

Truc is among the group of people that have lived at Loc Hung all their life, beginning with his grandparents and parents who were migrating from the North of Vietnam after the Geneva Accord took effect and divided the country in half. The Catholics Church had given his family the land they lived on since 1954, and according to him, they have used it to farm vegetables all these years.

In an interview conducted by an independent news media, Tin Mung Cho Ngươi Ngheo, on January 4, 2019, Truc openly challenged the government on their legal grounds to enforce the eviction of the Loc Hung residents’ homes, asserting that there was no land recovery decision from the authorities.

A land recovery decision (quyết định thu hồi đất) is the first legal requirement to start the process of enforced eviction under Vietnam’s laws. (Article 71, Law on Land 2013).

Attorney Trinh Vinh Phuc (who was one of the defense lawyers for Will Nguyen – a Vietnamese American convicted for inciting public disorder when joining the June 2018 protest), was among a few lawyers who openly supported the residents of Loc Hung.

On his Facebook page, attorney Phuc agreed with Truc and the other residents that the enforcing authorities have yet to produce a land recovery decision to start the eviction process.

Moreover, the law further requires that fair compensation must be provided for the affected residents and that the government must assist with relocation.

Loc Hung residents repeatedly claim that the government did not comply with any of those requirements under the law.

While the image of bulldozers tearing down homes in forced eviction has become a familiar scene in Vietnam’s land dispute cases, the legality of such conduct by the enforcing authorities is questioned. The Law on Land 2013 required that the enforcement team must move both the people and their property outside the enforced area, perform proper inventory, and notify the owners with information on how to reclaim them. The enforcement should also be carried out during regular business hours.

However, according to human rights activist, Nguyen Ho Nhat Thanh, close to one thousand police officers have been mobilized throughout today to demolish Loc Hung garden. More news on social media indicated that the police were preparing for the demolishment throughout the night, turning on public speakers at maximum volume and asking the residents to leave the area.

Other bloggers reported that there were at least five bulldozers at the scene, tearing down people’s houses. Cao Ha Truc and his wife were both arrested today because they have been recognized as the residents’ leaders.

Like the days before, the local authorities also blocked off streets leading to Loc Hung and stopped people from entering the area. The security police of Ho Chi Minh City even surveilled the Church of Redemptorists and prevented the priests from leaving so that they could not go to Loc Hung to show support for the Catholic community there.

Starting from last night, witnesses described Loc Hung’s residents were living in a war-like zone. People were panicking and beginning to move out their property throughout the night in fear that the forced eviction would soon resume.

In the middle of the chaos, yet many residents still managed to gather for a candlelight vigil in front of Lady Mary statute and sang their prayers.

The estimated value of the lost property which the residents will incur is going to be in the billions of VND.

One of the most vulnerable groups living in Loc Hung is the community of some elderly veterans from the South of Vietnam’s army who do not have an immediate family. Most of these men received injuries during the war and because they were soldiers of the “old regime,” they were not given any opportunities or even proper healthcare under the current regime. Now facing homelessness, their already uncertain future appears to be even bleaker.

The house of former political prisoners couple, Pham Thanh Nghien and Huynh Anh Tu, is also among those going to be soon torn down at Loc Hung garden. Both of them are well-known dissidents who remain critical of the government after their releases from prison. The couple has a one-year-old daughter with asthma conditions living with them.

Southeast Asia and the Pacific office of Amnesty International has issued a call for action today, asking the public to contact the local enforcement authorities in Vietnam to demand them to cease their eviction activities in Loc Hung immediately.

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Pham Doan Trang Received Prize for Impact from Reporters Without Borders’ 2019 Press Freedom Awards

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Photo credits: RSF

On September 12, 2019, our editor Pham Doan Trang had received the Prize for Impact from Reporters Without Borders’ Press Freedom Awards 2019 in Berlin, Germany.

Trang was not able to travel and received her award in person. Instead, our editor Trinh Huu Long and also the editor-in-chief for Luat Khoa magazine was representing Trang to accept it.

Being her colleagues, The Vietnamese magazine’s staff is delighted and honored that Doan Trang received the Impact award. We have all been inspired and moved by her tireless efforts – as she stated – to make sure that “journalism is not a crime anywhere in the world.” Together with her, we all work for Vietnam to soon be a democratic country.

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Imprisoned Dissident – Anh Ba Sam – Encountered Odd Events Before Release Date

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Portrait of Anh Ba Sam. Photo credits: Luat Khoa Magazine.

Journalist Nguyen Huu Vinh (whose pen name is Anh Ba Sam) faced quite a few peculiar encounters in Prison Center Number 5, Yen Dinh district, Thanh Hoa province in recent months.

According to Le Thi Minh Ha, his wife, on December 9, 2018, a man in a police uniform came to visit Vinh in his prison cell and spent an hour and a half talking to him. At the end of their conversation, the man left behind an envelope full of money and told Vinh that after his release from prison he should support To Lam, the current minister of public security – the national police force in Vietnam.

Mrs. Ha told Luat Khoa magazine: “My husband recounted the story to me when I visited him. Neither one of us could grasp what was happening. Who was this man and who had directed him to do such a thing? Was he someone who works for To Lam or someone who wanted to harm To Lam? Nevertheless, it could also be intimidation. We think we should publicize this information to protect Vinh.”

Both Ha and Vinh went to college with the current Minister To Lam in the 1970s, where all three were studying at the People’s Security Academy. This school is where the Vietnamese government trains its future secret police force officers.

Vinh was arrested on May 5, 2014, and at the time, To Lam was the vice minister of the Ministry of Public Security (MPS). He was held in pre-trial detention for almost two years before being convicted of “abusing democratic freedoms to infringe upon the interests of the state, the rights and interests of other entities and citizens,” and sentenced to five-year-imprisonment on March 23, 2016. Before his arrest, he was the owner of the blog site Anh Ba Sam – one of the most famous online newspapers in Vietnam during the past few years.

Another event – which also caused Ha to have more concerns over her husband’s safety – happened on January 27, 2019, the day of her monthly visit to Prison Center Number 5.

She stated that one prison guard had requested to meet her in private and told her: “On the release day (which will be May 5, 2019), if there are only family members then the center will process the paperwork and release him at the gate of the prison. If there are other non-family members accompanying (you), carrying banners and posters with them, then the prison center will take Vinh to a remote area and leave him there by himself.”

“On March 4, 2019, my husband called me from the prison center in accordance with the monthly allowance of five-minute-phone calls, where he told me that the same prison guard met with him again in private and told him the same thing,” Ha informed Luat Khoa magazine.

Mrs. Ha had already sent a letter of complaint to Prison Center Number 5 on February 1, 2019, to report the previous incident. She received a response dated February 25, 2019, which insisted that no prison guard had communicated any such content to either her or Vinh at the center.

Luat Khoa indicated that its reporter contacted the prison center with the number Ha had provided in April 2019, but the person who answered the phone refused to acknowledge the name of the alleged prison guard. Instead, he stated that the name belongs to someone who lives near the prison center. When the Luat Khoa reporter pressed for the current condition of Nguyen Huu Vinh, the person then said he did not know.

Mrs. Ha had also lodged complaints regarding the threat to release Vinh in a desolate area with Minister To Lam, Prime Minister Nguyen Xuan Phuc, the National Assembly Judicial Committee and its Chairwoman Nguyen Thi Kim Ngan, as well as Ho Thanh Dinh – The head of the Prison Management Bureau. However, all of her complaints eventually were passed down to Prison Center Number 5 to resolve.

“The person who threatened me and my husband was an officer at Center Number 5, and if all of my complaints were making their way back to this same place, then it would be meaningless. Both of us are feeling anxious and scared now that they (the prison guards) might try to harm Vinh one way or another,” Ha said.

On March 4, 2019, she also sent a letter to an alumni group consisting of her and Vinh’s former classmates at the People’s Security Academy, to suggest that if any one of them is going to accompany her on his release day, then please don’t bring any banner or poster so that they would be “in compliance with” the prison center’s request.

*** This story was first written in Vietnamese by Tran Ha Linh for Luat Khoa magazine on April 12, 2019. The Vietnamese has reviewed all of the complaints and letters which Mrs. Ha submitted and the official reply from the prison center. But because we only received information from Mrs. Ha, we decided at this time not to reveal the names of the prison guard or of the man in police uniform mentioned in this story.

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Exploring Tam Dao National Park, Group Of Vietnamese Youths Robbed And Beaten By Unknown Men

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Pictures recently take by Vietnamese who responded to the call to save Tam Dao rainforest. Photo credits: Save Tam Dao Facebook.

“My body crumbled because of the pain, but this group of strangers continued to beat me while using words to taunt me: ‘Aren’t you scared now, Hung? Don’t you care about your friend, dear?’”

In a Facebook’s post, the victim, Ta Manh Hung, recounted the horrible experience that he and four of his friends encountered on the evening of April 6, 2019, on Tam Dao mountain.

The group was traveling together that weekend, hoping to explore one of Vietnam’s most praised national parks and its rainforest, located in Vinh Phuc province near Hanoi. Prepared to spend the night at a camping grounds inside the forest, yet halfway to the destination, their journey was abruptly cut short when about a dozen strangers, all males, surrounded the group. The men then proceeded to use force to tie each of the youngsters to a tree stump about 20 meters apart and then they assaulted them.

The ordeal lasted for a couple of hours until nightfall, and when the weather began to get cold in the forest, the assailants decided to take off. They left the victims still tied up and took all of their personal property, including their mobile phones, cameras, watches, Kindles, back-up chargers, and the wallets that contained their identification papers.

Cold, scared and beaten, these youngsters, however, were able to use their teeth to slowly untie each other. Afterward, they managed to go to the nearby Tay Thien Pagoda to seek refuge for the night. The next day, local people helped them report the incident to the police of Tam Dao district.

The group’s violent encounter was first reported on Facebook in Vietnam last week. As it went viral, the public started to demand answers from the local authorities, prompting the mainstream media also to cover the story. In an interview with Nation (Tổ Quốc) newspaper, the police of Vinh Phuc province stated that they took the incident seriously and that they would handle it according to the law and regulations.

The public’s anger, however, may also be explained by the fact that Tam Dao national park has attracted the concern of many in recent months. Vietnamese people were wary that an ongoing development project, being constructed in the center of the rainforest might destroy its natural landscape and ecosystem.

A little more than three months ago, there were reports that Tam Dao’s primary rainforest and its diverse fauna and flora were under threat of environmental destruction.

Sun Group – one of Vietnam’s largest real estate developers – together with the government of Vinh Phuc province had initiated the construction of a resort in the middle of the national park. While the developers insisted that they were building an “ecotourism” project, environmentalists in the country decried the idea, stating that it would cause irreversible damages to the hundred-million-year-old rainforest’s ecosystem.

A Facebook group called Save Tam Dao started to document the current stages of theSun Group development project. It also called on others to join in and save the rainforest. Save Tam Dao has received quite a lot of support from Facebook users in Vietnam, especially among the younger generation.

Last month, together with other environmental activists and organizations, this group also initiated an online petition with Avaaz.org, calling on the Ministry of Natural Resources and Environment to publicly reveal the project’s Environmental Impact Assessment.

Groups of youngsters have also started to travel more frequently to Tam Dao to take pictures of nature’s beauty. Some of those pictures, however, also showed the devastating damage that the resort’s development project had created thus far.

Hung’s group attempted to do the same thing during the previous weekend: travel to Tam Dao and explore the rainforest’s beauty. But its members tragically had a terrorizing encounter where they were robbed and assaulted.

It was, however, quite peculiar that the attackers also forced the group to give up the passwords of their phones. Once able to gain access, they then immediately began reviewing all of the stored messages and photos at once.

Hung was the only one that had refused to give up his passwords. As he later stated, he did not want unknown strangers to intrude on his privacy. The moment he did not comply, his suffering increased. These men tied him up, covered his head and beat him for hours, trying to get him to give up the password.

Irritated by his continuing refusal, the assailants threatened to plant drugs on his body and report him to the police. Then, they carried him up, still with his head covered, and told him that they would throw him down the abyss. Seeing Hung did not respond to the threats, they started to put various types of insects inside his clothes to let them bite him. To prevent others from hearing his screams, they stuffed Hung’s mouth with some handkerchief.

What was so important that the assailants were willing to use such tactics to gain access to Hung’s phone and would even use torture to get it? We may have to wait for the police investigation report to find out more.

This latest attack, however, raised many questions about public security and safety in the area. Tam Dao is a national park; it belongs to all of the people, and all of its people should be able to enjoy its beauty safely. But right now, it seems that not only the rainforest at Tam Dao is crying for help but so are the ones who love it.

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