Denouncing Letter of Rev Nguyen DinhThuc on the conducts of the NgheAn provincial government against the people who are taking legal actions against Formosa.
“As a guide for the litigants against the Formosa Company, and as a victim of the brutal crackdown of NgheAn provincial government on February 14, 2017 in DienChau. In this letter, I – Rev. John Baotixita Nguyen DinhThuc, Parish Priest of Song Ngoc, Quynh Ngoc Commune, QuynhLuu district, Nghe An Province – tohether with many other victims, hereby:
Denounce and condemn the violent suppression of the NgheAn provincial government on the people who exercise their basic rights of citizenship according to law. At the same time, we oppose and denounce the NgheAn provincial People Committee for directing the media to slander and defame us by distorting the truth…” Father John BaotixitaNguyen DinhThuc.
To
- Government of the Socialist Republic of Vietnam
- Committee for Religious Affairs
- People’s Committee of Nghe An Province
- Hanoi People’s High Procuracy Office
- Ministry of Public Security
- People’s Procuracy of Nghe An Province
- Police Department of Nghe An Province
I am Rev. John Baotixita Nguyen DinhThuc, born April 10, 1978. ID no. 182359543, issued on 24/11/2015 by the police of NgheAn province. I am in charge of the Song Ngoc Parish in Quynh Ngoc Commune, QuynhLuu District, NgheAn Province.
First of all, I would like to send my respectful greetings. Secondly, I would like to report and explain what had happened on the 14th of February 2017 in NgheAn province. As the representative of the people of Quynh Ngoc, Son Hai and QuynhTho communes in NgheAn province, who are taking legal actions against Ha Tinh Hung Nghiep Formosa Steel Company, I will present to you a number of requests and stances from the people I represent.
MATTERS OF CONCERN
- Our environmental disasters and damages were caused by the Formosa Company.
In April 2016, the public and media discovered that Ha Tinh Formosa Steel Company (hereinafter called “Formosa Company”) discharged wastewaters containing phenol and cyanide into the sea, which caused massive deaths of fish, starting from Vung An Economic Zone, KyAnh Town, Ha Tinh Province, then spreading and causing huge damages to the environment, livelihood, business activities, safety and security of the people in the four central provinces, including Ha Tinh, QuangBinh, Quang Tri and ThuaThien-Hue. Our coastal fishermen in QuynhLuu district, NgheAn province had been severely affected in health and in economics.
On June 18th, 2016, the legal representative of Formosay Company, Mr Tran Nguyen Than – Chairman of the Board, published a Document No. 1606101/CV-FHS on: “Environmental Incidents in the central Provinces of Vietnam” which acknowledged and specifically confirmed Formosa’s responsibility for the disaster. The event was presented by the representative of the Socialist Republic of Vietnam, Minister Mai Tieng Dung, Chairman of the Government Offices, at a press conference on 30/6/2016, to announce and confirm on the document.
More importantly, the NgheAn provincial authorities had recognized it as well. Specifically, on October 27, 2016, the Department of Agriculture and Rural Development of NgheAn Province issued a Report No. 2791/ SNN-CCTS on the damage caused by the Formosa Company. On November 2, 2016, Mr Nguyen HuuCau, Head of the NgheAn Provincial Police and Member of NgheAn at the National Assembly told the National Assembly that NgheAn was badly damaged in the disaster.
Believing in the Government’s promise of paying damages from Formosa Company, our victims submitted a petition to the government for compensation payments. However, after more than four (04) months, we have not received any compensation, not even a letter of reply to show that the Government was concerned for the damages that people are suffering.
- The February 14, 2017 Event.
The silence of the government and the local authorities over all reasonable requests of the victims showed how irresponsible and disrespectful they were toward the people. Therefore, more than 600 victims from three communes of Quynh Ngoc, Son Hai and QuynhTho in Nghe An Province decided to sue the Formosa Company to demand justice for themselves, knowing full well how much the authorities have been covering up for this perpetrator.
We affirm that civil action is the basic right of the people according to law. Item 1, Article 4 of the Civil Procedure Code, issued on 25/11/2015, effective from 1 June 2016, is worded as follows:
“Agencies, organisations and individual defined by this Code shall have the right to initiate civil cases or request civil matters to be resolved at an authorized court or courts to protect justice, human rights, citizenship rights, interests of the State, rights and legitimate interests of themselves or others”
Following is our report of the whole incident that the NgheAn provincial authorities prevented and violently attacked the victims of Formosa Company on 14th February 2017:
On the evening of February 13, the victims’ hired vehicles for the next day departure were blocked by the police at the Giatbridge intersection.
On the morning of February 14, some vehicles attempted to enter Song Ngoc, but the police threatened and used all means to stop them from entering. Facing the difficult situation, people decided to go by motorbikes. However, more than 100 people without motorbikes chose the courageous way of going: that is to walk rather than staying at home. Only 10 frail elderly people had to stay back.
Around 7:30 am, the petitioners started to march from the Parish church of Song Ngoc in joyous spirit after receiving their blessings and a rosary beads as a luggage for the journey. At first the traffic police did try to clear the roads in favor of the crowd’s movement.
At the Giat Bridge, Mr Nguyen DucHai, Deputy of Director of NgheAn provincial police appeared and approved for us to use a rented vehicle to carry 30 people onward and asking the rest (about 70 people) who had no cars to go back. However, only two mothers with young children agreed to go back, the rest continue to walk. The cars and motorbikes were travelling at very slow speeds to wait for and to support the walkers.
Around 12 noon, the delegation stopped for lunch and rested at Yen Ly Parish. At 2:15pm, after a common prayer session in the Yen Ly Church, people set off on their journey. About 4:00pm, when the delegation arrived at the road station 5, Dien Hong Commune, 1km from DienChau District, there was a lot of traffic police, including Mr Cao Minh Phuong, head of the traffic division of the NgheAn People’s Police Department, who tried to separate the traffic and divide the petitioners into separate groups.
When we reached Station 5, Dien Hong Commune, DienChau District, police used truncheons to intimidate and force people to gather on an empty land on the side of the road. When I, Rev. Nguyen DinhThuc arrived, MrPhanDinh Su, fromNgheAn provincial police introduced Mr Nguyen HuuCau, Director of Nghe An Police to me. I shook hands with Mr Nguyen HuuCau in a friendly manner.
Suddenly, a group of plainclothes police attacked me and wounded me in the mouth and cause physical pains. The people close to me had to pull me away from the gang of policemen. Assuming the thugs were not police officers, why did the police director and other police in uniform did not stop the thugs from attacking people right in front of them?
At the same time, the police were chasing to arrest many people who used mobile phones or handheld cameras to take pictures. Many were brutally beaten, robbed or having their communication equipment destroyed or damaged. More seriously, people were also robbed of money and personal belongings by the police. Many were taken away very far and left in the wilderness without any personal properties. My car was also towed away by the police. The police smashed its windscreen, broke the wipers ….. cause damage to the car.
At that time, beside the number of people who had joined the petitioners along the way from the morning, there were more people from neighbouring parishes courageously joined in when they heard the oppression were taking place.
Around 4:30pm, police asked me to work with Mr Le Xuan Dai, Vice Chairman of the People’s Committee of NgheAn Province, but I flatly refused because I put to him that, it was him who just ordered and directed the police gangs to arrest and brutally attacked the petitioners. Then, the priest in charge of the Vinh Diocese’s Sea Pollutions Victims Support Committee and the Dong Thap Parish priest persuaded me and the petitioners to agree to meet with Mr Le Xuan Dai at a large vacant lot.
When we arrived at the place, Mr. Le Xuan Dai immediately appeared, but did not say any words to me. We immediately realized that the arrangement was just an excuse for them to bring people to a place convenient for a bloody second repression. At about 5:00pm, away from where we gathered about 150m, we saw many stones and bricks flew up in the air and a lot of explosions. Then immediately hundreds of mercenary police pursued and brutally beating people regardless of elderly or children, men or women.
Facing the situation, I called and advised people to sit down pray to avoid panic, but many close by blasts caused the weak people to run away. The police were just waiting for such fleeing to pursuit them. Hundreds of people were beaten, with about 30 seriously injured. Many people were arrested and had their personal properties robbed.
Thirty minutes later, when the situation had calmed down and the mobile police were no longer surround the group, we moved to Dong Thap Parish. At 8:30pm the Parish of Dong Thap organized a solemn Adoration and Candlelight Praying Hour for us, with the participation of the parish priest and the youths of the Van Phan parish. After the Adoration Hour ceremony, we were kindly invited by the parish community of Dong Thap to rest.
At 5:00am on February 15, the parish priest of Dong Thap dedicated a Mass for the petitioners group, for the country of Vietnam, for justice and particularly for the victims of the suppression on 14th February 2017. Then, at about 7:30am, we received the suggestion of the Diocesan Bishop of Vinh to return home to avoid a bloody repression that the government said they would carry out if we keep going with our litigation march.
- Official Letter No. 1022/UBND-NC dated February 14, 2017 of the People’s Committee of NgheAn Province signed by Mr Le Xuan Dai.
Following the event on February 14, 2017, Mr Le Xuan Dai, Vice Chairman of Nghe An People’s Committee – on behalf of the People’s Committee of Nghe An, signed and sent an Official Letter No. 1022/UBND-NC dated 23/4/2017 to the Diocesan Bishop of Vinh and the Justice and Peace Committee of The Office of Bishop of Vinh (hereinafter referred to as “ Official Letter 1022)
The content presented in Official Letter 1022 showed a distorted, completely distorted view, aiming to slander and denigrate all participants in the Formosa petitioners from the three communes Quynh Ngoc, Son Hai and QuynhTho in NgheAn Province, especially me – Rev. Nguyen DinhThuc.
More than 600 people who petitioned against Formosa Company on 14th February 2017 can bear witness on the police of NgheAn using weapons to attack the petitioners, because all the violence inflicted on the victims were caused by them. However, Nghe An authorities said completely opposite that the police were attacked under the direction of Rev. Nguyen DinhThuc.
It is worth mentioning, in the Official Letter 1022, many contents indicate the lack of knowledge of the laws in general and of NgheAn provincial government’s civil proceedings in particular. In fact, it’s evident with the signature of Mr Le Xuan Dai, Vice Chairman of the Provincial People’s Committee.
STANCES AND REQUESTS
- Our stances:
- In relation to the 14th February 2017 event
The petitioners to the Formosa Company were stopped unreasonably by the police force in Dien Hong Commune, DienChau District while travelling on the road. They had been brutally beaten by police and had their properties looted. Many people had recorded these images in the most complete and honest way.
Not only that, many of the surrounding people were also unjustly assaulted, including the elderly and children. More seriously, many were illegally arrested and tortured in the DienChau District Police and the No.5 Traffic Police stations. Money, papers, personal telephones were blatantly and illegally robbed and taken away by the police. Many people were released with serious injuries and long term treatment in hospital.
The authorities cannot so brazenly deny the cruelty they inflicted on their own citizens. No matter how brazenly denying or blatantly seek to slander us, the truth will not change. This behavior only make the people’s already rare trust in the authority running dry even quicker.
Under the light of justice and truth, all crimes will be exposed.Individuals who directly and indirectly committed the crimes on 14th February 2017 will be recorded in the most complete and fair history.
1.2Regarding the Official Letter 1022
The Official Letter 1022 implicitly recognized the crime, and at the same time show lack of understanding of Vietnamese laws.
Indeed, the Official Letter 1022 has the following paragraph:
“People’s Committee of Nghe An Province has issued an official letter no. 767/UBND-NC dated on 13/2/2017 which was sent to the Episcopal Residence and at the same time, appoint Mr Le Xuan Dai, Permanent Vice-Chairman of the Provincial People’s Committee, to contact directly with the Diocesan Bishop of Vinh; various government departments in QuynhLuu had also discussed directly with Father Nguyen DinhThuc to let him know and to suggest not to organize large numbers of parishioners to go to Ha Tinh, which might cause complications on security and order” (We want to emphasize the underlined parts)
During the time the delegation was moving toward Ha Tinh, Leaders of Nghe An and some priests were present at the scene to propaganda, encourage and said clearly that Catholic people’s lawsuits against Hung Nghiep Formosa will be collected and forwarded to the People’s Court of KyAnh Commune for consideration […] also ask Rev. Nguyen DinhThuc and the parishioners of Song Ngoc to return home to carry out the litigation in accordance with appointed representative rules” (We want to emphasize the underlined parts)
With the above contents, Official Letter 1022 has revealed two important matters:
First, it acknowledged the act of trying to prevent people to go to Ha Tinh Province in order to get to the People’s Court of KyAnh Town. In other words, it was an act of preventing citizens from exercising their basic citizenship rights. This was a serious criminal act committed by all levels of NgheAn Province authorities, which needs to be criminally prosecuteddue to the seriousness of the act.
Secondly, it showed the lack of knowledge on Vietnamese laws in general and on civil procedures in particular of the NgheAn provincial government, particularly of the signatory – Mr Le Xuan Dai, Vice-Chairman of the provincial People’s Committee.
According to Article 190 of the Civil Procedure Code 2015 the filing of a civil lawsuit petition is submitted only to the court, specifically in this case, the Court of KyAnh Town, which is responsible for receiving and accepting the lawsuit filed against Formosa.
According to Articles 20 and 21 of the Organisation of Local Government Act 2015, within the scope of responsibilities and powers of provincial people’s committees, there are no regulations allowing someone to receive civil lawsuits from the litigants on behalf of the court.
More importantly, according to the Civil Procedure Code 2015, procedures for litigating claims must be made by the petitioners themselves, not initiated by a representative mechanism.
It should be noted that the representation mechanism of a collective can only be applied in the case of complaints and denunciations, as I am doing in this letter, whereas the civil action of the victims of Formosa Company is the right of people who have full civil action rights before a Court.
To be honest, we do not understand what the People’s Committee of Nghe An and Le XuanDai have based on what legislation to ask people to take civil actions under a representative mechanism or these people had arbitrarily set law or interpret the law according to their own will.
- Our requests:
- Citizen’s right to denunciation
Citizens have the right to make denunciations in accordance with the Law on Denunciation enacted on November 11, 2011, specifically in Clause 1, Article 2 as follow:
“Denunciation means that citizens, according to the procedures prescribed by this Law shall notify relevant authorized agency, organisation or person on any law-breaking acts of any agency, organisation or individual that causes damage, or threaten to cause damage to the interests of the State, the legitimacy rights and interests of citizens, agencies and organisations”
Principles for determining a person who is authorized to handle on denunciation were stipulated in Article 12 of the Law on Denunciation as follow: