PETITION TO THE ICC Accusation against Vietnamese Communist crimes
REPUBLIC OF VIETNAM
THE PROVISIONAL NATIONAL GOVERNMENT OF VIETNAM
P.O.Box 2807, Anaheim, CA. 92814 (USA)
PETITION TO THE ICC
Accusation against Vietnamese Communist crimes
USA February 21st, 2013
Hon. Luis MORENO-Ocampo
Attorney General of the International Criminal Court
Po Box 19519
2500CM, The Hague (The Netherlands)
Tel. +31 70515 8555
Dear Judges of the Court:
I, the undersigned, Mr. Đào Minh Quân, am ethnic Vietnamese, a U.S. citizen and symbolically a citizen of the free world. I am acting as Prime Minister of The Provisional National Government of Vietnam by virtue of voting of the people, consisting of three generations, aged from 18 to over 60. This government was formed in exile since October 21, 1990, in the USA. Formal address is:
The Provisional National Government of Vietnam
P.O Box 2807
Anaheim, California 92814- USA
Tel: (760) 523-3011
With all due respects, on behalf of the people whom I represent, I would like to file a petition to The Court requesting an investigation on war crimes such as genocides, torture, repression, terror, massacre done by the Communists of Vietnam and China since Hồ Chí Minh started the communist regimes in our fatherland of Vietnam. Under the protection of the law of the international tribunal of the ICC and that of the United States of America, we allege these crimes against all criminals involved throughout the period of 1930's, and continuing to this very day. These criminals must be tried and prosecuted under the provision of the law to the full extent. They must be brought to a public hearing in an open court and the judicial proceeding will be administered by my representing attorneys without the need of my presence.
Again, we allege the crimes against humanity in which genocide was done by the following communist criminals:
1. - Hồ Chí Minh (deceased), former chairman of the Democratic Republic of Vietnam. This government eventually became the Socialist Republic of Vietnam.
2. - Trường Chinh, aka Đặng Xuân Khu (deceased) former president of the National Congress of Democratic Republic of Vietnam
3. - Lê Duẩn (deceased), former General Secretary of the Communist Party of Vietnam
4. - Lê Đức Anh, former president of the Socialist Republic of Vietnam
5. - Đỗ Mười, former General Secretary of the Communist Party
6. - Lê Khả Phiêu, former General Secretary of the Communist Party
7. - Trần Đức Lương, former president of the Socialist Republic of Vietnam
8. - Nông Đức Mạnh, former General Secretary of the Communist Party
9. - Nguyễn Phú Trọng, incumbent General Secretary of the Communist Party
10. - Trương Tấn Sang, incumbent president of the Socialist Republic of Vietnam
11. - Nguyễn Tấn Dũng, incumbent Prime Minister of the Socialist Republic of Vietnam
12. - Phùng Quang Thanh, incumbent Defense Minister of the Socialist Republics of Vietnam
13. - Nguyễn Chí Vịnh, Deputy Secretary of Defense of the Socialist Republic of Vietnam
14. - Trần Đại Quang, Minister of Public Security of the Socialist Republic of Vietnam
15. - Nguyễn Thái Bình, Interior Minister of the Socialist Republic of Vietnam
16. - Nguyễn Minh Triết, former President of the Socialist Republic of Vietnam
17. - Phan Văn Khải, Former Prime Minister of the Socialist Republic of Vietnam
18. - Hà Hùng Cường, Minister of Justice of the Socialist Republic of Vietnam
19. – Nguyễn Sinh Hùng, National Assembly Chairman of the Socialist Republic of Vietnam
This complaint will be delivered to all defendants.
All defendants have been notified that they have the right to remain silent. All the gestures, actions and speech can be used as evidence to convict them in court.
- The defendants do understand the nature of the charge(s) against them.
- The defendants have the right to discuss to their lawyers.
- The defendants have also been advised of the following:
a- The right to be tried by a jury.
b- The right to cross-examine all the witnesses against them.
c- The right to either present evidence in their favor, to testify for themselves or as they wish to remain silent.
d- The right to a public speedy trial.
e- The right to have legally qualified lawyers to defend them at all stages of the proceedings.
f- The right to confront and to cross-examine all witnesses against them.
g- The right against self-incrimination.
Hồ Chí Minh aka Nguyễn Ái Quốc was merely a “puppet” of Communist China, pretending to be a patriotic figure to the Vietnamese people. He established the communist party to seize power over Viet Nam by imposing the communist doctrine to the infrastructure society. He committed mass murder during “Xô Viết Nghệ Tỉnh” rebellion and during the Land Reform period 1949-1956, killing 173,008 innocent peasants. He closed down Nhân Văn Paper (“Humanities”) whose associates had been eradicated by either imprisonment and/or forced to seek asylum in exile. During the “1968 TET offensive” his troops killed thousands of innocent people. In 1975, his Communist Party violated the 1973 Paris "Peace Treaty" Agreement, leading to the invasion of South Vietnam, and put hundreds of thousands of people into re-education camps without trial. Vietnam Communist Party sold off part of our fatherland and the sea to China.
1.- Hồ Chí Minh is of Chinese origin. His first crime was to pretend to be a Vietnamese. In the years 1930-1931, Hồ Chí Minh suppressed a revolt against wicked rulers called "Xo Viet Nghe Tinh movement." During this period, this slogan was strictly applied and implemented: "Trí, Phú, Địa, Hào phải diệt tân gốc” (People who are classified as intellectuals, the "filthy rich", the landowners, the merchants must be eradicated (uprooted). Communists advocated that they must destroy these 4 social classes if they want to lead the communist movement over Vietnam successfully.
They would kill (execute) people of these categories indiscriminately during this moment in time, everywhere in the country that seemed needed, without hesitation. How they killed people is another issue. Their goal is to scare off the people with death so that they will sustain the dominant control power over the population.
(See document attached.....).
2. - The next crime was the Land Reform from 1949 – 1956 in Northern Vietnam. With a population of about 16 million people, the Land Reform caused a 173,008 innocent civilians killed, according to the statistics in the book "The Economic History of Vietnam 1945-2000", issued by the Institute of Communist Economics recently published in the country. (That means for every 100 people, one must be killed) This is horrible for the society in North Vietnam during that time.
(See document attached ......).
3. - Crimes against civilians/against humanity. The average Vietnamese peasant is very modest, good-natured and they earn their living by hard work. They have also worked extra hard to patiently contribute to the welfare of the Vietnamese communist party all their lives, but suddenly, they were hit with a thunder strike in the head; those who have been working hard on their ancestor's lands as farmers, were labeled as "crooks" plunderers, exploiting other poorer farmers... Even those who are sympathizers, paying sacrifices to the local communist group are also ripped off by the village officials (communist comrades). Once they are labeled as "capitalist", "spies" or "betrayers", they will have no longer been able to make a living. With the information available today, the communist regimes have committed immense crimes against our own people as well as humanity. These crimes still ocur today.
(See document attached......).
4. - Our fine cultural traditions that have lasted for thousands of years now have been ruined by the communist regime because of their greed of money and eagerness for power... In summary, the communists have destroyed our traditional ethic life since the Land reform period!
5. - During the Land Reform period, children are encouraged to tell lies about their parents. They even allowed condemning their parents in the public with "creative sins" before a "village tribunal" also called "people's court"... In the history of Vietnam, people’s ethics were never insane like they were during the Land Reform. To set an example: Trường Chinh, former General Secretary of the Communist Party also condemned his father to death. Husband versus wife, brothers versus sisters, they blamed and accused each other. Neighbors must devise a way to slander, hatefully defame each other. The subject of the “People’s Court” was hand tied, knelt and slumped as a sinner, surrounded by a frenzied crowd. The victim was subjected to all kinds of torture. When he or she responds to torturers they must call them by Sir or Madam, even the torturers are at the age of their children. Vice-versa, torturers must call the victims with obscene names.
Eventually the victim will be executed in a variety of ways such as a full body shot or buried alive leaving the head just above the ground level... Then, the victim was killed with a plough blade pulled by a buffalo splitting the victim’s head. Besides the mob, to create terror and repression, the victim’s relatives were forced to witness the slaughtering scene. Grown up relatives became crazy while kids are crying and fainting. It is a horrible cruelty one can't imagine. This period of communist genocide even worsened as time goes by. Hồ Chí Minh is not a Vietnam- born citizen that is why he permitted such a barbaric way to murder.
(See document attached......).
6. - Before the land reform, the village churches, the village temples…have own their land. Places of worship were built or renovated. Monks and service men were taken care of by the contribution of believers. Spiritual religious activities and charities are villager’s norms. After the land reform, land is confiscated being levied and divided to peasants. Without land, churches and temples in the village have no chance to exist. Religion shrinks as well as the words “charity” and “humanity”.
During the land reform, many innocent people have died unfairly. Either they were killed at the “People Court” or they committed suicide due to inhuman slanders. Blood everywhere; tears dried up because there are no more tears to shed. Many people wished to become a dog or a cat to have an easier life ... Communist Land reforming is a crime against nature, against the universe, against humanity. It turned people into killing one another, even killing the dearest loved ones like husband, wife, siblings...
(See document attached......).
7. - During 1956-1958, some educated intellectual party members such as Tran Dan, Nguyen huu Dang, Le Dat were incarcerated by the Communist Party to 20 year imprisonment for the "crime" of organizing the " Nhân Văn "Humanities" paper" and "Giai Phẩm Periodical"publishing an article demanding freedom of speech. In 1959, communist regime confiscated properties and means of production from private sectors to their state-controlled business hidden under the forms of "public joint venture company" in urban cities and "agricultural cooperative exchange" in rural areas.
(See document attached......).
8. - In 1961, the regime started an attack campaign on religions. Religious leaders are terrorized and sent home. Temples and churches properties and facilities are destroyed or used for non-religious purposes.
(See document attached.....).
9. - During the Vietnam War, before Saigon was seized in 1975, communists killed thousands of South Vietnamese government officials in areas with less government security. During the Tet Offensive of 1968, the communists also buried 5,000 civilians and kidnapped and killed 1,000 people in the city of Huế, as Hồ Chí Minh went on national radio and gave an attack order: “This Spring is better than last spring…The final victory belongs to us.” During the “Flaming Summer” of 1972, Việt Cộng randomly fired rockets onto a boulevard in Quảng Trị province, killing thousands of innocent people while they tried to flee the war zone. In 1974, communist launghed rockets indiscriminately at on elementary school in Cai Lậy city, killing hundreds of students, mostly under the age of 10. It must be said that all South Vietnam residents most likely will always run towards the South Vietnamese Army troops for protection.
(See document attached......).
10. - After the communists breached the 1973 Paris Peace Treaty Agreement by using their military forces in taking over the South. Vietnamese Army , civilians, members of the military, and government officials were put in prisons disguised as re-education camps. Prisoners were subjected to forced labor, torture, and mental and physical abuse. As a result they suffered from malnutrition, nervous breakdowns and depression. Thousands died. Furthemore, according to research conducted by academics Jacqueline Desbarats and Karl D. Jackson, at least 65,000 people – a conservative estimate – were executed in these communist prison camps from 1975 to 1983. While the spouses suffered in these camps, their wives and children were forced to leave their homes and move to places where they lived in sewer pipes and under bridges. Meanwhile, sons of these imprisoned men, rather than being able to attend university, were drafted to become communist army soldiers. Daughters turned to prostitution in order to support their families. Furthermore, in Cambodia and along the China-Vietnam border, more than 100,000 children and people with disabilities were killed by the communists.
(See document attached......).
11. - Shortly after seizing the entire country, the communist regime turned Vietnam into a "larger prison" under the name “the Socialist Republic of Vietnam.” The “social reforms” carried out in South Vietnam entailed stealing people’s property, destroying economic development and shattering infrastructure, which caused the country to fall behind and into poverty as it still is today. Bui Tin, a dissident and former colonel in the People’s Army of Vietnam who now lives in Paris, has also condemned the communist regime as inhumane, particularly in its practice of pretending to allow people to cross the sea to confiscate their assets, or to kill them by sinking the boats they were on.
(See document attached.....).
12. - Fearing the cruelty, intimidation and ruthless lethal violence of the communists, many Vietnamese had to flee their homes, property, and families. Some attempted to escape by land, others by sea. Many of these individuals were later found dead, or were beaten, robbed, arrested and tortured. A woman and the 10-year-old daughter were raped by pirates and subsequently sold into prostitution or thrown into the sea to drown. Those who were lucky made it to refugee camps, although many still had difficulty gaining political asylum. Once the funding for these camps ran out, about 10,000 Vietnamese refugees were forced to return to Vietnam. Having lost everything to communists, many of these returnees went on hunger strikes or carried out self-immolation.
(See document attached......).
13. - In mid 1978, the communist Vietnam set out to execute a so called "Re-evaluation campaign" with rhetoric: renovation and re-organization of the economy under their doctrine of communism. They nationalized people’s businesses and industrial companies. They even tried to rip off people's wealth by ordering a nationwide money exchange, that in fact, turned people into poverty and evidently, people had no choice but to flee the communist regime in myriad after all. So many have been lost in the high sea, in the jungles on the way seeking asylum abroad, leaving our native country behind! I would think that you, your Honor, probably have heard all the harrowing aspects of the "boat people". Fortunately enough, The United Nations was aware of this and convened in Geneva on Nov 14, 1978, looking for a solution to the world problem.
14.- On other hand, according to a denouncing letter written by Mr. Trần H and Mr. Hoàng Quý on April 18, 2004 in Virginia, USA; a set up by the Vietnamese communist regime to execute a mass murder of people by hoarding them into schools, pagodas, indiscriminate killing them in a "blood -bath execution style".
15. - The repression of the Vietnam Communists against the Montagnard (Highlanders) ethnic minorities led to the uprisings in the central Highlands in 2001 and 2004, and recently, in mid April 2008. Following these mass demonstration, hundreds of Montagnards were arrested as reported by the missionary Soai Y: "We have received poisonous gifts from the Vietnamese authorities: The death of hundreds of people due to repression and torture. More than 300 people were still held in detention in prisons in the North since 2001 until now. The Communist regime army and police also forces surrounded and attacked the minor ethnics with faith in Christianity in the Central highland part of Vietnam, killing 200.
(See document attached.....).
16.- A high treason felony was committed when the communist party yielded (sold under the table) our fatherland and sea by Phạm văn Đồng, (the then prime minister of Communist Vietnam) to Chinese prime minister Chou Enlai on Sept 14, 1958 . The declaration delineated the extent of Chinese territory and included the Truong Sa. In response, the DRV Prime Minister, Pham Van Dong, sent a formal note to PRC Premier Zhou Enlai stating that "The Government of the Democratic Republic of Viet Nam respects this decision* Also on Decembeer 30, 1999, the Vietnam communist regime secretly and cowardly signed with China the "Treaty on land bordering Vietnam and China.".
* On December 25, 2000, they signed another treaty called " Northern Gulf Demarcation agreement" and the " Agreement on Fishing Co- operation in Northern Gulf" resulting in a loss of 720 square kilometers frontier of Vietnam to China. When a young dissident lawyer, Mr. Lê Chí Quang, wrote an article about this on-going incident, “Beware of the North", they jailed him.
Even when the Vietnamese concerned citizens voiced their opposition to yielding land and sea to communist China, by peaceful demonstration and meetings, the communist (tyrant) regime overwhelmed them with police and armed forces. If they feel anybody could be the" core" to the demonstration, or if they fear for they believe that those people could be a future threat, those people will be eradicated right away by jailing, beating, torture ... against the International Convention of The United Nations that they even agreed and previously signed.
17. - Nowadays, they even engaged in plans to export brides abroad (married to foreigners) and human trafficking, exporting minors to other countries for prostitution. They only care for the bottom line: money and power to dominate the country of Vietnam and disregard the ethical and humane aspect of the people of Vietnam.
Ever since Hồ Chí Minh 's intention to implement the communist doctrine over Vietnam in 1930, our country has endured through a calamity , such as crimes, terrors, repressions , torture, famine, massacre, imprisonment in "Re- education" camps (in fact: a forced labor camp) , corruptions, moral and ethical decay etc ...
To the world community, communist crimes have been noticed and emphatically condemned... According to "The black book of Communism" (written by French historian, Mr. Stephane Courtois,) the Communist regime has believed and implemented those horrible crimes as a perfect tool to eradicate any person or group of people for political reasons due to claimed future threats to their party.
On January 25, 2006, Council of Europe passed and adopted Resolution 1481, unanimously agreeing to a need to condemn and expose these crimes of the communist and totalitarian regimes to the world, albeit, these regimes are no longer in existence, but, these past crimes have not yet been brought to justice while some communist regimes still exist; therefore, Vietnamese communists are still a threat to humanity that must be prosecuted.
Since the philosophy of communism and the communist parties appeared in countries around the world, about 100 years ago, there has been hundreds of millions of individuals and groups of people killed for political reasons by communist atrocity. Vietnam, in particular, our people has been decimated by these brutal, inhuman regimes. Once, our former President Ngô Đình Diệm quite accurately referred to them as a "monster".
By all accurate proof and evidences described and attached here, within this petition, we would respectfully ask, Your Honor, to re-open a full scale investigation to bring justice, to prosecute those under Hồ Chí Minh leadership, who have been involved with these horrible (massacre) atrocities against our people of Vietnam... Hồ Chí Minh was, in fact, an indigene of China, named Hồ Tập Chương, a spy and a serious crime leader, disguising as a Vietnamese under the name of Hồ Chí Minh. This would require an autopsy and DNA test to reveal the whole truth.
Hồ Chí Minh accomplices have been:
1. - Trường Chinh (deceased)
2. - Lê Duẩn (deceased)
3. - Nguyễn Văn Linh (deceased)
4. - Đỗ Mười
5. - Lê Đức Anh
6. - Trần Đức Lương
7. - Lê Khả Phiêu
8. - Nông Đức Mạnh
9. - Nguyễn Phú Trọng
10. - Trương Tấn Sang
11. - Nguyễn Tấn Dũng
12. - Phùng Quang Thanh
13. - Nguyễn Chí Vịnh
14. - Trần Đại Quang
15. - Nguyễn Thái Bình
16. - Nguyễn Minh Triết
17. - Phan Văn Khải
18. – Hà Hùng Cường
19. - Nguyễn Sinh Hùng
These are the aggravated criminals that must be brought to justice and that they must be ordered to pay for the consequences of their crimes, for the world to know and set examples for those tyrannical regimes against humanity.
With all the allegations listed above
We respectfully ask Your Honor and The Court to urgently order these criminals:
1. - To appear in Court to hear allegations against them.
2. - To be fully responsible in paying damages and compensation to those who have been victims of their aggravated crimes such as land confiscation, property nationalization, false imprisonment and loss of family members due to persecution and massacre.
3. - Order them to immediately and unconditionally release from prison all political dissidents.
4. - Order them to pay for all incurring court costs and fees for this law suit.
5. - Judgment goes into effect and executed immediately after the date of the judgment of the court.
It is with my utmost respect for the court that I here by submit this document for your review and in hope that justice will prevail.
With it also comes the love and gratitude of the Provisional National Government of Vietnam and 86 million people in the country and 4 millions of Vietnamese refugees around the world.
Prime Minister to the Provisional National Government of Vietnam
ĐÀO MINH QUÂN
(Sign and Seal)
Attachment: The following specific documentation including staff, parents, siblings, children of victims and full exhibits, video, movies, books, reference documents.
Vietnam Communist Crimes
Ngày tàn c̉ua CSVN ph̉ai đến
THE WALL STREET JOURNAL U.S. EDITION
Wednesday, October 2, 2013 As of 12:46 PM EDT
By GABRIELE STEINHAUSER
The International Criminal Court unsealed its first warrant in its cases against Kenya's president and deputy president, ordering the arrest of a journalist accused of interfering with key witnesses to the post-election violence of 2007 and 2008.
The warrant, which was signed in August but made public only Wednesday, suggests the court doesn't plan to tread lightly in its prosecution of the Kenyan leaders after last month's deadly terrorist attack at a Nairobi mall.
It orders the arrest of Walter Barasa, a Kenyan journalist accused of trying to bribe witnesses to stop them from testifying against Kenya's Deputy President William Ruto. Mr. Ruto's trial started on Sept. 10—11 days before Islamist militants entered Nairobi's Westgate mall, killing at least 67 people in a four-day standoff. He has been charged with crimes against humanity for his alleged role in postelection violence that left more than 1,000 people dead in 2007 and 2008.
Kenya's President Uhuru Kenyatta, whose trial is scheduled to start in November, faces the same charges. Both Messrs. Ruto and Kenyatta have denied any wrongdoing and have cooperated with the court. Mr. Ruto was back in court Wednesday, after his trial had been adjourned following the Westgate attack. Mr. Barasa didn't return messages left for him Wednesday but has denied the allegations against him. "I have not gotten in touch with any witnesses or anybody having any intention of asking them or bribing them to pull out of the case," he told Reuters, adding that police had so far not tried to detain him. The prosecution's cases against Messrs.
Ruto and Kenyatta have been hampered by the withdrawal of several important witnesses, and the prosecution has alleged that Kenyan authorities have prevented it from reaching out to others. The warrant against Mr. Barasa—heavily redacted in its published form—is the court's first concrete step to counter alleged interference with witnesses by supporters of Messrs. Ruto and Kenyatta. In it, the prosecution cites three occasions this summer when Mr. Barasa allegedly offered as much as 1.5 million Kenyan shillings ($17,300) to three witnesses to get them to pull out of the trial against Mr. Ruto.
The court for the first time also openly implicated the Kenyan government in the alleged witness interference. "Allegedly, [Mr. Barasa] has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration," the court wrote in a news release on the warrant.
The judge, Cuno Tarfusser, said it was necessary to arrest Mr. Barasa to prevent him from further undermining the prosecution's investigation and creating security risks for other witnesses. He ordered Kenyan authorities to search his home and seize his cellphones, computers, bank records and any other documents that could support the investigation against him. According to a Linked In account with his name, Mr. Barasa has worked as a reporter for Mediamax Group, a media company of which Mr. Kenyatta's family is the main shareholder.
Calls to Mediamax weren't answered, but Agence Presse-France reported that the company said Wednesday that it no longer employed Mr. Barasa. If found guilty, Mr. Barasa could face up to five years in prison. Manoah Esipisu, a spokesman for Mr. Kenyatta's office, declined to comment on the warrant or whether the government had been aware of any wrongdoing by Mr. Barasa. Police spokeswoman Zipporah Gatiria Mboroki declined to comment if he had been the subject of any police investigation or if Kenyan officers would assist in his arrest. Even though Messrs.
Ruto and Kenyatta have turned up voluntarily for all hearings at the ICC, both have pushed back strongly against the cases against them. They have accused the court of unfairly targeting only African countries in its investigations. In doing so, they have garnered support from several other states on the continent. Last month, Kenya's parliament voted to withdraw from the ICC, but Mr. Kenyatta hasn't signed the lawmakers' motion. "The issuance of an arrest warrant in this case should be a warning to others who may be involved in obstructing the course of justice through intimidating, harassing, bribing or attempting to bribe ICC witnesses," the ICC's chief prosecutor, Fatou Bensouda, said in a video statement. "My office will continue to do everything it can to ensure that witnesses are able to present their evidence before the court without fear." —Heidi Vogt and Idil Abshir contributed to this article.
REMARK: The ICC is authorized to exercise its mandate over the "most serious crimes of concern to the international community" if either the state on whose territory the crimes occurred or the state of nationality of the accused has ratified the treaty and has failed to do its own investigations. This broad authority offered the promise of a more level international playing field for justice, and this prospect fueled widespread support.
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