Truong Chau Huu Danh group banned from practicing journalism for 3 years
Truong Chau Huu Danh and his accomplices were rejected by the appeal court for a reduced sentence and banned from practicing journalism for 3 years.
On the afternoon of January 27, after 2 days of work, Can Tho City People's Court upheld the sentence of 4 years and 6 months in prison for Truong Chau Huu Danh for the crime ofTaking advantage of democratic freedoms to infringe upon the interests of the State; the legitimate rights and interests of organizations and individuals.according to Clause 2, Article 331 of the Penal Code.
The court also upheld the three-year prison sentence for defendants Doan Kien Giang and Le The Thang; and two-year prison sentences for Nguyen Phuoc Trung Bao and Nguyen Thanh Nha for the same crime.
According to the panel of judges, the defendants' actions seriously affected the Party's leadership role, the State's management role in the locality, and caused social instability, so they needed to be dealt with severely. "The court of first instance assessed the role and level of participation of each defendant, considered mitigating circumstances, and imposed appropriate sentences, so there was no basis for further reduction," the appellate judgment stated.
The court also rejected the appeal of the People's Procuracy, upholding the additional penalty of forcing the defendants not to practice journalism for 3 years after completing their prison sentences.
Regarding the appeal of the People's Procuracy to remove the additional punishment for the defendants, the Panel of Judges stated that Article 41 of the Penal Code stipulates the prohibition of holding a position in a profession, or doing certain work (after completing the prison sentence) if it is considered that the person may cause harm to society.
"In this case, the defendants Danh, Bao, Giang, and Nha all worked as journalists, but they used this condition to commit crimes. Therefore, the application of additional penalties is not contrary to the law," the panel of judges stated.
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| Defendant Truong Chau Huu Danh (standing in the middle, top row) and four accomplices listened to the verdict on the afternoon of January 27. Photo: Cuu Long |
The first instance judgment determined that in August 2019, Truong Chau Huu Danh, Nguyen Phuoc Trung Bao, Doan Kien Giang, Nguyen Thanh Nha, and Le The Thang (36-41 years old) created the FanpageClean Newspaper, groupClean Journalismand Youtube channelDr. ChanelPost articles and videos on "hot" issues of public interest.
They wrote and posted people's concerns related to the New Urban Area Project in Thoi Thuan B Hamlet, Thoi Lai Town; the Ho Duy Hai case, land disputes in Dong Tam, drought and salinity in the West, Ton Duc Thang University, forced evictions at Gia Trang Quan (HCMC)...
The court determined that these articles were untrue, "hiding under the name of fighting against negativity, clean journalism activities but in fact were negative". Defendant Danh and his accomplices did not use images or words that were clearly subversive, but through the way they were presented and the content, they made the public believe that the articles were true. Many people commented, expressed their feelings, shared, attacked, and used harsh language towards organizations and individuals.
At the appeal hearing, Danh and his accomplices both affirmed their purpose of forming the group.Clean newspaperThe defendants wanted to criticize society and build... but did not have the intention to sabotage the Party or the government. However, the defendants admitted that there were mistakes in the process that led to violations of the law, so they took responsibility and apologized to the organizations and individuals affected by their articles. The defendants said that the sentence imposed by the first instance court was "too harsh".
