CORRESPONDENCE - 85A COMBINED REPORTS OF HUMAN RIGHTS IN VIETNAM 2012

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the Bloc members have been arrested, 27 have completed their sentences, and 23 others still remain in prison. Vietnam Human Rights Network * Annual Report 2011 III. THE COURTS ARE TO SERVE ONLY THE CPV The Vietnamese Constitution guarantees that "all citizens are equal before the law" (Art. 52), and "during a trial the judges and assessors are independent and shall only obey the law" (Art. 130). In fact, anyone can be arbitrarily arrested, prosecuted, and sentenced in present -day Vietnam. Since the dependence of the courts on the CPV is an inevitable consequence of the concept of a Marxist- Leninist People's Democracy, the eventual purpose of the Vietnamese court system is to serve the governing party's interests. This has found its obvious confirmation in the 2002 Law on organization of the People's Courts, "... The Courts have the task to protect the socialist legislation; to protect the socialist regime and the people's mastery..." (Article 1) Despite recent requests from international organizations and donor countries that Vietnam reform its legal system, critical violations of human rights in the legal field keep increasing, and typically shown through the following aspects: Criminalization of political activities, violations of criminal prosecution procedures, suppression of lawyers who dare to defend justice, and an inhuman detention system. 1. Criminalization of All Activities Adverse to the CPV Interests Vietnam claims that it holds no political prisoners, because any legitimate political expression by the people, however peaceful, is always associated with crimes listed in the 1999 Vietnam Criminal Code, especially Art. 79 (Carrying out activities aimed at overthrowing the people's administration), Art. 87 (Undermining the unity policy), and Art. 88 (Conducting propaganda against the 11