Final Investigation Records Case: Abusing the freedoms of an ordinary citizen that disrupted the government, government officials, organizations and other citizens in Tan An City. Prosecution date: June 6th, 2013.
Prosecution is made due to “Criminal Law No. 2;” therefore the defendant is prosecuted thereby “Criminal Law No. 2.” Đinh Nhật Uy had been arrested on the same date (June 6th, 2013) by the National Security & Investigation Organization which is part of the Long An Police Department due to the clause: “Abusing the freedoms of an ordinary citizen that disrupted the government, government officials, organizations and other citizens.”
Conclusion of the investigation:
From November 21st, 3012 through June 15th, 2013, the defendant had been using his personal laptop that connected through the website Facebook for more than 58 times (with the IP name “Đinh Nhật Uy Long An”) at this given world wide web address: https://www.facebook.com/dinhnhatuy?fref=ts. Through this internet connection, he had posted many comments along with suggestions that resulted in damaging the image of the Vietnamese government, the government officials, the Communist party (organization) and the citizens of Vietnam with the following:
- On December 18th, 2012, the defendant criticized the National Security & Investigation Organization for “neglecting” and refusing to acknowledge the rights of the defendants and his family. The post had the following content: “the Justice Department of our country is one the broken and dishonest departments overall” (on May 17th, 2013). Furthermore, the post also questioned: “Why didn’t the Justice Department ask the government what crime had they committed when prosecuting the two innocent youths?” (on May 17th, 2013).
- The post on March 2nd, 2013 offended the Vietnam Military Telecom Organization (Viettel) and the Vietnam Postage Organization (VNPT).
- The post on December 19th, 2013 (typo error here, should be 2012 not 2013) with contents that criticized and offended the leadership of the government overall. Within this same post, the defendant brought up a conversation between two Communist party members and their response to the leadership of the government (Communist party), but the defendant didn’t clarify the exact source for this conversation. The post on December 21st, 2012 with many contents offended a Communist member party at his local community.
- There were many posts calling for a riot against the government including:
+ The defendant’s Facebook profile picture (on May 14th-23rd, 2013) with contents for calling the court to have a “fair trial” to Đinh Nguyên Kha, Nguyễn Phương Uyên, also calling on to free Kha and Uyên.
+ The defendant’s Facebook profile picture (on December 24th, 2012) with a post to support Kha and Uyên: “To my dear brother and sister, stand firmly.” In addition, his Facebook profile picture also included: Kha, Uyên along with Tạ Phong Tần, Hải Điếu Cày, Võ Minh Trí, Trần Vũ Anh Bình, … on December 26th, 2012 and January 2nd, 2013. These are the “most wanted” who had been arrested for disrupting and violating the laws. These contents from the defendant’s profile pictures were rooting for those who were disrupting and violating the laws.
- The post on January 22nd, 2013 broadcasted many activities of the “Patriotic Youth Movement” which resulted in spreading leaflets in Long An province. The defendant acknowledges that the “Patriotic Youth Movement” is an illegal organization that disrupting the government but he chose to do so without any hesitation.
- The defendant’s post also criticized, lashing out, and go against the government policy by changing the 1992’s Constitution and foreign policy with China:
+ On February 28th, 2013, the defendant’s profile post showed 4 circles that had been crossed out with a phrase: “Eliminating Clause No. 4 in the Constitution.” + On January 24th, 2013, the defendant posted a profile picture that satirized the changing of the Constitution. Moreover the content of the post showed that there were many divisions on how the Constitution should have changed rather changing to suit the government needs.
- The defendant’s post had been viewed by many who has accessed to Facebook and many were wrongly accused the government for the wrong doings, accused the government officials for neglecting the investigation by not giving a fair trial, also accused the police department and a handful of other officials for mishandle the situation. Many of the comments were from others than the defendant’s friends. According to the Long An Television Network (clause 03/STTTT-TTr) that Facebook doesn’t limit (or censor) many comments of the their members so every member is free to express his/her comment at will. Therefore the consequence can be harmful to the government when many people who had been friended with the defendant accusing for wrong doing.
According to the officials of the Long An’s Cultural, Sport and Travel Organization that on July 18th, 2013, there were many posts on the defendant’s Facebook profile offended and falsely accused the government, the Communist party, along with Police Department, the Vietnam Military Telecom Organization (Viettel) and the Vietnam Postage Organization (VNPT), and many other individuals who had connection to the those government agencies.
Through the internet, the defendant has posted many links including: www.voatiengviet.com, danoanbuihang, www.facebook.com/toai2 along with many pictures and blogs. The defendant also linked many webpage through Facebook including: “Nguyễn Phương Uyên and Đinh Nguyên Kha’s Club” (Hội Những Người Yêu Mến Hai Sinh Viên Nguyễn Phương Uyên và Đinh Nguyên Kha). This page contented many falsely accusations of the government for convicting Phương Uyên and Nguyên Kha, and of course offended the government in many ways. According to the Long An’s Cultural, Sport and Travel Organization on July 25th, 2013, there were a handful of posts on the defendant’s Facebook profile that caused disrupting the public, harming the safety of many people, distorted the political views in our country, along with offending the government, the Police Department, many organizations and the Justice Department for not giving a fair trial to Nguyễn Phương Uyên and Đinh Nguyên Kha.
Besides Facebook, the defendant also had been three times interviewed by foreign press. Those interviews can be found at: www.rfa.org, www.voatiengviet.com and www.radiochantroimoi.com. During those interviews (conducted through the defendant’s smartphone Nokia N93i), the defendant reported the trial of Nguyễn Phương Uyên and Đinh Nguyên Kha at Long An’s People Court. Moreover, the defendant criticized the Justice Department for not giving a fair trial to Uyên and Kha by including some comment: “the trial is completely nonsense and it’s obviously a defamatory against the Vietnamese youth not just only to Uyên and Kha.” In addition, the defendant also stated: “they (Uyên and Kha) are willingly to accept their wrong doing within their organization, but trial that they faced were irrelevant to their crime because it had been pre-setup by the higher authority in the government.” According to the Long An’s Cultural, Sport and Travel Organization that these comments by the defendant were praising and defending the heroic actions of Uyên and Kha while disdaining the Justice Department along with the trial in Long An.
After the defendant had been arrested by the Police Department, his Facebook profile had been changed from “Đinh Nhật Uy Long An” to “Đinh Nhật Uy’s friends.” The investigation team found that the defendant had given his username and password to his friends on Facebook, and the investigation had been trying to access to his Facebook profile but fail to do so afterward. Hopefully we’ll have further report from the investigation team when they can access his Facebook profile.
- 1 Nokia N93i smartphone with a black case.
- 1 desktop/laptop with a black case.
- In addition, there are many other items that can be related to the case
- 1 poster with Nguyễn Phương Uyên’s picture along with the phrase: “Freedom for Nguyễn Phương Uyên.”
- 1 poster with Đinh Nguyên Kha’s picture along with the phrase: “Free for Đinh Nguyên Kha.”
- 1 book with title “The Winner’s Justice” (Bên Thắng Cuộc). 1 book with the title “Liberation” by Huy Đức. 1 book with the title “Death By China” (translated by Trần Huy Diệu). These books are banned by the government and shouldn’t be read by any ordinary citizens due to the toxic contents of it.
- 6 T-shirts with the phrase: “Hoàng Sa-Trường Sa-Việt Nam.”
- 2 T-shirts with the front picture: “No to U-LINE!; Yes to UNCLOS!”, with back picture: “No-U FC; and a cross against ‘Đường Lưỡi Bò’ Protect the Islands and Ocean of Vietnam.”
- 1 small booklet that contained the trial of Uyên and Kha’s trial along with many posts, blogs, etc as a reference to the defendant’s record on Facebook.
- Many confiscated items had been ruled out that were not related to the case had been returned properly to the defendant’s family.
The defendant’s profile: -Name: Đinh Nhật Uy -Date of Birth: June 8th, 1983 -Residence (HKTT): 584 Highway 62, Ward 6th, Tân An City, Long An Province -Occupation: CEO of TNHH AT
+ Father: Đinh Văn Chuộn Date of Birth: 1956 Occupation: Electrician Residence: 584 Highway 62, Ward 6th, Tân An City, Long An Province Additional residence: Hamlet 4th, Mỹ Phú, Thủ Thừa, Long An Province
+ Mother: Nguyễn Thị Kim Liên Date of Birth: 1961 Occupation: Homemaker Residence: 584 Highway 62, Ward 6th, Tân An City, Long An Province Additional residence: Hamlet 4th, Mỹ Phú, Thủ Thừa, Long An Province
+ Siblings: 2, one is born in 1979 and the other is in 1988
- Summary of the defendant’s activities:
+ From 1995 until 2011, live with his parent and enrolled at THCS Thống Nhất, THPT Lê Quí Đôn in Tân An City, Long An Province.
+ From 2001 until 2007, enrolled at the University of Transportation, University of Natural Sciences, Sài Gòn Technical College, Tôn Đức Thắng Semi-Public University in Ho Chi Minh City.
+ From 2007 until 2009, accepted the teaching position at the Vietnamese-Korean Center which is contracted with University of Information Technology in Ho Chi Minh City.
+ From 2009 until 2013, became the CEO of the TNHH AT at 584 Highway 62, Ward 6th, Tân An City, Long An Province. In December 2012, enrolled for MBA at University of Long An (class of 2016).
+ Arrest warrant for the defendant has issued on June 12th, 2013. The defendant had been arrested by the Long An Police Department since June 15th, 2013. The warrant also stated that the defendant should be held for at least 3 months until this date.
Conclusion of the case (along with further comments)
--This case is clearly a violation of abusing individual’s freedom (by clause 258 in the Law Code of the Socialist Republic of Vietnam).
- The defendant used Facebook to criticize and mocking the government along with the two main government-run organizations: the Vietnam Military Telecom Organization (Viettel) and the Vietnam Postage Organization (VNPT). There were many contents in the defendants’ posts that smearing and offending many individuals including the top officials of our country, therefore those posts can’t be acceptable in any case and the defendant is guilty by his action. Once those posts had been uploaded to Facebook, then everyone can read and share their own thoughts about the situation which can cause much damage to the integrity of our government, government officials (Communist party members), and many individuals who has connected with the government. The defendant’s posts were widely supported by many on Facebook, and there were more than a few hundred (to thousand) in Facebook joining his cause and share their own perspective on the particular topic.
- The defendant has been stored many critical comments from others that were vocally criticized and mocking the government for certain time period. In addition, the defendant did realize that his action can lead to disrupt the society, but he refused to delete and stored in his Facebook page and profile. According to Facebook, once a personal post had been posted then there will be many (especially friends and acquaintance) can immediately see it; therefore once the defendant posted a post then at lease more than 300-400 of his friends can see it and easily spreading within Facebook along other blogs. Moreover, Facebook doesn’t censor anyone unless he or she violates the rules, in this case, the defendant doesn’t violate any rules or regulations set by Facebook so he’s free to post in his personal profile and of course his friends can see and respond respectively.
- The defendant initiated to share many links to a number of different websites, blogs, and other Facebook’s profile, so once everyone can be linked to it if he or she decided to explore more into the situation. Those who can be linked to other websites, blogs and other Facebook’s profiles were also criticized the government and supported the illegal movement against the government.
- According the final verdict of the Long An’s Cultural, Sport and Travel Organization, the defendant (Đinh Nhật Uy) has posted a variety of personal posts on his Facebook’s profile and links which can lead to disrupting the safety of our society, mocking the Police Department, criticizing the government-run business and many other individuals who has connection to it.
It’s a free will for many who had been interviewed by foreign press, however, through those conducted interviews the defendant had criticized and offended the government. Afterward those interviews were posted on the internet can be misleading and causing much damage (by default and both directly or indirectly) to the Justice Department of our country, especially to the Long An’s People Court.
- The main reason that the defendant has committed these crimes was entirely based on his perspective, began with the trial of Đinh Nguyên Kha to his family’s problem along with his own business matter. However, he expressed those negative thoughts through Facebook and by interviews from the foreign press, then it can be viewing as an mocking act of the government. The defendant admitted that he didn’t purposely harm the government or place the society into chaos.
- The defendant’s crime: “Abusing the freedoms of an ordinary citizen that disrupted the government, government officials, organizations and other citizens” (by clause 258 in the Law Code of the Socialist Republic of Vietnam).
- The defendant did admit his faults and sincerely reported to the officials when being arrested.
Suggestions: -Prosecuting the defendant (Đinh Nhật Uy) for the crime of “Abusing the freedoms of an ordinary citizen that disrupted the government, government officials, organizations and other citizens” (by clause 258 in the Law Code of the Socialist Republic of Vietnam).” -Confiscating the evidence including: the defendant’s smartphone Nokia N93i (with a black case) along his laptop/desktop (also with a black case). -Confiscating and destroying two books (found at this residence): “The Winner’s Justice” (Bên Thắng Cuộc) and “Death By China.” -Proposing to the Long An’s investigation team for further investigation of: -1 poster with Nguyễn Phương Uyên’s picture along with the phrase: “Freedom for Nguyễn Phương Uyên.” -1 poster with Đinh Nguyên Kha’s picture along with the phrase: “Free for Đinh Nguyên Kha.” -6 t-shirts with the phrase: “Hoàng Sa-Trường Sa-Việt Nam.” -2 t-shirts with the front picture: “No to U-LINE!; Yes to UNCLOS!”, with back picture: “No-U FC; and a cross against ‘Đường Lưỡi Bò’ Protect the Islands and Ocean of Vietnam.” -1 small booklet that contained the trial of Uyên and Kha’s trial along with many posts, blogs, etc as a reference to the defendant’s record on Facebook.
According to clause 162 and 163 of the Prosecuting Law of our country, we adhere by:
Transferring all the files of this case from the Long An investigation team that prosecuted the defendant (Đinh Nhật Uy) according to the laws and instructions.
Attachment: the case file contains 452 pages (numbered from 1 to 452) along with the Clause 163 of the Prosecuting Law of our country.
Chief Investigator Colonel Nguyễn Sáu
Translated by: Huy Nguyen MD