A lawyer who defends Thai Ha parishioners has complained that so far he has not been able to contact his clients. There are also other indications that Thai Ha parishioners now face a Kangaroo trial.
Le Tran Luat, a defense counsel who represents eight Thai Ha’s parishioners who were wrongfully accused of “damaging state property and disorderly conduct” during their protests at Thai Ha parish said that he has not been able to contact two of his eight clients.
“While I can talk to the six defendants who have been bailed out recently, so far, I have not been able to contact two of them,” said lawyer Le during an interview with BBC News on Nov. 24. The two mentioned parishioners, who have been detained for months without a trial, are Mrs. Nguyen Thi Nhi, born 1962; and Mrs. Ngo Thi Dung, born 1954.
Le disclosed that the two are currently being held at Hoa Lo prison, known to American prisoners of war as the "Hanoi Hilton". The facility was used for prisoners of war during the Vietnam War and now for political prisoners.
Access to prisoners jailed in Hoa Lo prison is strictly limited. “I was denied the permission to visit my clients there,” he claimed. But, even if he is allowed to visit them, it is very unlikely that his clients dare to see him. “Prisoners are often forced to refuse any contact with their lawyers,” Mr. Luat added. Those who request to see their lawyers are believed to suffer mistreatment by prison guards as punishment.
From the legal standpoint, Le believes that the eight Thai Ha’s parishioners are innocent of the charges. “I have enough evidences to prove that the land belongs to them. The wall was built illegally on their land. They have their rights to destroy it,” he said. “The government cannot charge them for damaging state property,” he added. Also, “They prayed within their premise. Praying is a solemn gesture. How can it be interpreted as an act of ‘disorderly conduct’?” he asked.
However, despite his best efforts, he doesn’t anticipate an acquittal or a not guilty verdict, as it is by nature another Kangaroo and heavily politicized trial, not a criminal trial as claimed by the government.
“I cannot expect an acquittal verdict for my clients in this case. However, I still take the case as I want to prove to public opinion that they actually are innocent” Le said.
As the trial is more political in nature, Le believes the verdict depends heavily on the attitude of defendants at the court.
“In my experience, in such a case, if defendants plead guilty as the government expects, they may get a tolerant verdict. Those who insist that they are not guilty will be sentenced more harshly.” In more details, “it may up to 2.5 or 3 years in jail,” he said.
Hanoi Redemptorist community fears that at least four of them who have been criminally charged under articles 143 and 245 of the Penal Code may face a sentence of up to 36 months in prison. In particular, Mrs. Nguyen Thi Nhi and Mrs. Ngo Thi Dung may face severe sentences.
The case of Mrs. Nguyen Thi Nhi
Nhi has been subject to harsh criticisms from state-run media which depicts her as a criminal for her active involvement in protests at both Thai Ha and Hanoi former nunciature.
On Jan. 25, during a protest at Hanoi former nunciature, Nhi climbed over a fence to place flowers at a statue of the Virgin Mary inside the building.
As soon as her action was discovered by security personnel, Nhi was chased around the garden of the building. Despite her logical explanations for her venturing into the building, the guards kicked and slapped her severely. In the witness of more than 2,000 Catholics, a security commander even loudly ordered his subordinates to beat her to death.
A Catholic attorney, who was praying outside the fence, climbed over it to intervene. He told the security officials that their acts were unlawful and that they should stop beating the woman. However, they turned to attack him and dragged him to an office where he was beaten cruelly.
The outrageous police brutality would have been worst had it not for the timely rescue effort of the other parishioners and bystanders. In order to save Mr. Quan’s and Mrs. Nhi’s lives, the rescuers had no other choice than breaking through the gate to confront the security officers.
On Sep. 1, when praying among other Catholics at Thai Ha, she was dragged out by police and has been jailed since then.
The case of Mrs. Ngo Thi Dung
Since protests at Thai Ha out broke at Jan. 5, braving cold rain and harsh weather, Dung had slept on the side to protect the land in dispute. Her and other parishioners’ presence had prevented further construction on the site.
When the government made a series of arrests at the end of August, she went fugitive to avoid the revenge of local government officials who had been extremely upset for the failure of their plot to sell the land for money. However, on early of October, she had to hand herself to police to save her family from numerous harassments. She has since been jailed.
Le Tran Luat, a defense counsel who represents eight Thai Ha’s parishioners who were wrongfully accused of “damaging state property and disorderly conduct” during their protests at Thai Ha parish said that he has not been able to contact two of his eight clients.
“While I can talk to the six defendants who have been bailed out recently, so far, I have not been able to contact two of them,” said lawyer Le during an interview with BBC News on Nov. 24. The two mentioned parishioners, who have been detained for months without a trial, are Mrs. Nguyen Thi Nhi, born 1962; and Mrs. Ngo Thi Dung, born 1954.
Le disclosed that the two are currently being held at Hoa Lo prison, known to American prisoners of war as the "Hanoi Hilton". The facility was used for prisoners of war during the Vietnam War and now for political prisoners.
Access to prisoners jailed in Hoa Lo prison is strictly limited. “I was denied the permission to visit my clients there,” he claimed. But, even if he is allowed to visit them, it is very unlikely that his clients dare to see him. “Prisoners are often forced to refuse any contact with their lawyers,” Mr. Luat added. Those who request to see their lawyers are believed to suffer mistreatment by prison guards as punishment.
From the legal standpoint, Le believes that the eight Thai Ha’s parishioners are innocent of the charges. “I have enough evidences to prove that the land belongs to them. The wall was built illegally on their land. They have their rights to destroy it,” he said. “The government cannot charge them for damaging state property,” he added. Also, “They prayed within their premise. Praying is a solemn gesture. How can it be interpreted as an act of ‘disorderly conduct’?” he asked.
However, despite his best efforts, he doesn’t anticipate an acquittal or a not guilty verdict, as it is by nature another Kangaroo and heavily politicized trial, not a criminal trial as claimed by the government.
“I cannot expect an acquittal verdict for my clients in this case. However, I still take the case as I want to prove to public opinion that they actually are innocent” Le said.
As the trial is more political in nature, Le believes the verdict depends heavily on the attitude of defendants at the court.
“In my experience, in such a case, if defendants plead guilty as the government expects, they may get a tolerant verdict. Those who insist that they are not guilty will be sentenced more harshly.” In more details, “it may up to 2.5 or 3 years in jail,” he said.
Hanoi Redemptorist community fears that at least four of them who have been criminally charged under articles 143 and 245 of the Penal Code may face a sentence of up to 36 months in prison. In particular, Mrs. Nguyen Thi Nhi and Mrs. Ngo Thi Dung may face severe sentences.
The case of Mrs. Nguyen Thi Nhi
Nhi has been subject to harsh criticisms from state-run media which depicts her as a criminal for her active involvement in protests at both Thai Ha and Hanoi former nunciature.
On Jan. 25, during a protest at Hanoi former nunciature, Nhi climbed over a fence to place flowers at a statue of the Virgin Mary inside the building.
As soon as her action was discovered by security personnel, Nhi was chased around the garden of the building. Despite her logical explanations for her venturing into the building, the guards kicked and slapped her severely. In the witness of more than 2,000 Catholics, a security commander even loudly ordered his subordinates to beat her to death.
A Catholic attorney, who was praying outside the fence, climbed over it to intervene. He told the security officials that their acts were unlawful and that they should stop beating the woman. However, they turned to attack him and dragged him to an office where he was beaten cruelly.
The outrageous police brutality would have been worst had it not for the timely rescue effort of the other parishioners and bystanders. In order to save Mr. Quan’s and Mrs. Nhi’s lives, the rescuers had no other choice than breaking through the gate to confront the security officers.
On Sep. 1, when praying among other Catholics at Thai Ha, she was dragged out by police and has been jailed since then.
The case of Mrs. Ngo Thi Dung
Since protests at Thai Ha out broke at Jan. 5, braving cold rain and harsh weather, Dung had slept on the side to protect the land in dispute. Her and other parishioners’ presence had prevented further construction on the site.
When the government made a series of arrests at the end of August, she went fugitive to avoid the revenge of local government officials who had been extremely upset for the failure of their plot to sell the land for money. However, on early of October, she had to hand herself to police to save her family from numerous harassments. She has since been jailed.