To :
Mr Le Hong Anh, Minister of Public Security,
Mr Tran Quoc Vuong, Chief of Justice, People’s Supreme Court
We are Mai Thi Dung and Duong Manh Hung, residing at 37/6 block 33, section 3, District 28, Town of Binh Thanh, Hochminh City.
Our husband and father, Duong Kim Khai, residing at the same address, was taken away by the police on Aug. 10, 2010.
After nearly 2 months of not hearing from our relative, on Sep. 30, 2010, we sent a letter to the Binh Thanh chief of police and the Binh Thanh bureau of investigation asking for the whereabouts of Mr Khai, the name of the agency holding him as well as the reason for his detention.
After sending this letter, we received on Oct. 12, 2010 the “Emergency arrest warrant” number 07/ANĐT and dated Aug. 16, 2010 by the Ben Tre police stating that Mr Duong Kim Khai is being detained inside Jail B34 for “activities to overthrow the people’s government, violation of section 79 the criminal law of Vietnam Socialist Republic”.
With the knowledge that our relative is being detained in Jail Facility B34, on Oct. 28, 2010 we sent to the B34 Bureau of Investigation and the Binh Thanh Police a request for visitation. Since then, it’s been nearly a month and we have yet to receive any reply from the authorities.
As citizens of a country governed by law, we always trust that government agencies will also abide by the law. However, circumstances regarding our relative showed that the police has violated VN laws.
After consulting with knowledgeable people, we learned that :
First, according to section 85 of the criminal law, after an arrest, the police must immediately notify the family of the arrestee. This did not happen. It was Oct. 12, 2010, more than 2 months later, that we received from the Ben Tre police the Arrest Warrant dated Aug. 16, 2010.
Second, with the emergency arrest warrant of Aug. 16, 2010, the police can only detain Mr Duong Kim Khai for a maximum of 9 days. After that, to keep him further, the police must issue a temporary detention order signed by the Court and they also must officially notify his family, according to provision 4, section 88 of the criminal law.
Third, if there was a temporary detention order, then according to government directive 113/2008/ND-CP of Oct. 28, 2008 regarding visitation, we should be allowed to visit and send supplies. But since our visitation request letter of Oct. 28, 2010, we have not received any response.
Based on section 17 of the law regarding complaints, we have made a formal complaint against the police for violating Provision 4, Section 88 of the criminal law for detention of our relative without notifying his family.
Given this violation by the police, we ask that the Minister of Public Security and the People Supreme Court Chief Justice consider releasing Mr Duong Kim Khai.
While awaiting your intervention so that our husband and father is treated fairly under Vietnam law, we also ask that you instruct the police to allow our family visitation rights according to Directive 113/2008/ND-CP and the humane tradition of the State of Vietnam.
Hochiminh-city, November 22, 2010
Mai Thi Dung and Duong Manh Hung
