News to go further News Organisation April 27, 2021 Find out more Follow the news on Vietnam Reporters Without Borders has called on the Vietnamese authorities, hosting the Asia-Pacific Economic Forum (APEC) summit in Hanoi from 12-19 November, to stop harassing the independent press and to allow the emergence of independent media. The organisation also publishes an exclusive plea for democracy and free press written by father Phan Van Loi, the first dissident to bring out an unlicensed newspaper last April.The worldwide press freedom organisation also protested at the steps taken by the government to prevent foreign reporters now in Vietnam from meeting dissidents.”If the leaders attending the APEC summit, particularly George Bush, do not express themselves clearly on the serious failings in Vietnam in respecting freedom of expression, it would be an historic error. The economic development of Vietnam cannot be at the price of forgetting the still precarious state of press freedom”, it said.Reporters Without Borders urged the foreign press at the summit to respond to the emergence of a dissident press and to try to interview dissidents who have been “quarantined” during the summit. The organisation said it could provide the journalists with the addresses of some of them.Police have set up guard posts in front of the homes of several dissidents, including journalists working for independent publications. Hoang Tien, Pham Hong Son, Pham Que Duong and Nguyen Van Dai have been forbidden to leave home. Foreigners are warned not to approach by a board reading: “No foreigners”. The authorities have put up a notice in Vietnamese in front of the home of Nguyen Thanh Giang, which reads “security zone”. Police officers are stationed outside the home of Hoang Tien, one of those behind dissident paper Tu Do Dan Chu (Freedom and Democracy) to prevent any contact during the summit. Ten police officers have been camping in front of the home of Nguyen Van Dai since 14 November. Lawyer and dissident Bui Thi Kim Thanh has been forcibly admitted to a psychiatric hospital in Ho Chi Minh City.These steps appear to have been decided on 19 October by the public security minister in Hanoi. Security forces were told to be on the alert during the summit and to isolate dissidents. VietnamAsia – Pacific April 7, 2021 Find out more Elsewhere, four Americans of Vietnamese origin and four Vietnamese were sentenced on 10 November to 15 months in prison for “terrorism”. All of them, linked to a radical US-based group, were accused of illegally bringing radio equipment into the country to broadcast anti-government messages. One of them was expelled to the United States a few days later. The other Americans were expected to be expelled shortly.Under pressure from the international community, Vietnam has recently appeared to ease its political stance towards the Internet. For example, several cyber-dissidents, including Pham Hong Son, have been released since 2005. This relative leniency has however also given a boost to the democracy movement, which commendably used the Internet to organise and to post independent news.As a result dissident movement Bloc 8406 launched an online petition, which hundreds of Internet-users signed in their own names, calling on the government to undertake political reform. But the use of the Net by these democrats frightens the authorities, which frequently resort to force to silence cyber-dissidents. Around a score of people have been imprisoned this year for articles posted online. Four of them are still behind bars: Truong Quoc Huy, Le Nguyen Sang (“Nguyen Hoang Long”), Huynh Nguyen Dao (“Huynh Viet Lang”) and Nguyen Vu Binh. Vietnam is also fragrantly filtering the Internet and blocks access to opposition websites run by foreign-based Vietnamese.Since the launch of Bloc 8406 in April, numerous democratic initiatives have been taken countrywide, including the creation of independent media. In October, the foreign ministry spokesman decided that this group was illegal and the security services have constantly harassed its main movers.Finally, Reporters Without Borders offers its support to those running unlicensed newspapers which have started to appear over the past few months in Vietnam. Father Phan Van Loi has succeeded in dodging repeated attacks against the independent press. He puts out a printed version of the newspaper Tu Do Ngon Luan (Freedom and Democracy) which has been secretly distributed since its launch in April this year. In 1998, father Phan Van Loi tried to secretly publish Tin Nha (News from home) abroad, which led to police sanctions. Today, the dissident speaks out and calls on Vietnamese leaders to respect press freedom.The UN International Covenant on Civil and Political Rights adopted, opened for signing, ratification and membership by the General Assembly on 6 December 1966 and by Vietnam on 24 September 1982 says at Article 19: “1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” The Constitution of the Socialist Republic of Vietnam (1992) says in its Article 69: “The citizen shall enjoy freedom of opinion and speech, freedom of the press, the right to be informed, and the right to assemble, form associations and hold demonstrations in accordance with the provisions of the law.” All this shows that theoretically and officially, the Vietnamese state recognises freedom of expression and freedom of the press. But since 1989 (date of the 28 December 1989 press law) until 2006 (date of Decree 56-CP on culture and information, 6 June 2006), the state has published 23 pieces of legislation which have progressively and totally crushed this freedom. Why? The political regime in Vietnam from 1954 to the present day is a communist and totalitarian regime in which the National Assembly (legislative power), the government (executive power), the courts (judicial power), the press (newspapers, magazines, radio, television, Internet… the fourth estate), the Army, the Police (armed forces) are in the hands of the Communist Party which considers them to be its instruments. Almost 600 newspapers and magazines, hundreds of radio and television stations, one hundred web pages in Vietnam are under the control of the party (not counting 3,000 firewalls erected by the Internet police). This monopoly strengthens the government and, of course, boosts the holdings of the Communist Party (particularly the political bureau) but causes huge damage and suffering to the nation and the people. The Communist leaders have now become red capitalists who enrich themselves not only through business (market economy with a socialist orientation) but also by the sale of power (permissions, licensing), by exploitation of ordinary people (collusion with heads of foreign companies), by exporting labour (a kind of human-trafficking), by confiscation of the land of peasants, town-dwellers and the churches (through planning and urbanisation which are hardly ever publicly advertised). Corruption among these leaders is on an unimaginable and shameless scale! The press can report on the facts but this news is tightly controlled and they ever challenged ranking leaders. The Party’s 150 central commissioners are virtually untouchable! As a result, the ordinary people and the religious communities deprived of their small parcels of land become helpless victims. The government becomes a sort of mafia (red mafia). Recently, even a foreign ministry magazine was closed because it published letters of complaint and some weeklies were threatened with closure because they carried articles about the defects in new paper money made of polymer. Imbued with atheist dialectical materialism and a Stalinist-Leninist concept of power, the communist leaders never accept the influence of spiritual forces (religion, the churches) in society, “reactionary” opinions of democrats or competition from political parties. As a result, there is no privately-owned independent press in Vietnam. A few so-called religious magazines are in fact organs of the party, cunningly mixing religious doctrine with Marxist doctrine, putting the power of the party in the same category as spiritual power, putting Ho Chi Minh, major criminal and vicious predator, and the saints on the same level…. Newspapers or official journalists who challenge the management of the party, talk about political pluralism or who seem to encourage it are subjected to immediate punishment or harsh coercive measures. A few pro-democrat militants recently tried to publish magazines both printed and posted on the Internet, but the government quickly cracked down on them. One result of the serious damage of this political monopoly is that Vietnam remains one of the world’s ten poorest countries. Currently, thanks to the spread of cyberspace techniques (Internet, paltalk, skype, blogs…), many citizens can search for, find and spread information and ideas of all kinds, beyond our borders. Faced with this development, the State and the Communist Party cannot remain indifferent. All of this threatens their power. Taking advantage of this situation and this relative leniency (particularly during the APEC summit in Hanoi in Hanoi) we dissidents of the democratic movement, are trying to claim freedom of expression, which is the soul of all freedoms (Voltaire). Now, two independent magazines Tu do Ngon luan (Freedom of Expression) and Tu do Dan chu (Freedom and Democracy), are appearing in written form and circulate more or less openly. (One strange thing, the bi-monthly, Tu do Ngon luan has managed to stay in existence for seven months, since 15 Apri,l and has produced 15 issues!). Two others, To Quoc (The Fatherland) and Dan chu (Democracy) have been launched online. The editors try to present to the government as well as the people, the values of democracy, the dangers of totalitarianism, the crimes of communism and human rights which have been officially and solemnly incorporated in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. We want to give a message to the Party and to the People: Only the truth frees! Freedom alone is worthy of man. Only Democracy brings progress! Hué, Vietnam,16 November Pierre Phan Van Loi, catholic priest, editor of Tu do Ngon Luan News RSF_en Three more independent reporters arrested in Vietnam News Help by sharing this information VietnamAsia – Pacific Receive email alerts April 22, 2021 Find out more Vietnam sentences journalist Tran Thi Tuyet Dieu to eight years in prison RSF laureates support jailed Vietnamese journalist Pham Doan Trang November 17, 2006 – Updated on January 20, 2016 Call for support for dissident press
News UpdatesA Condition For Grant of Bail, Incapable of Compliance, Renders The Bail a Complete Fantasy: P&H HC [Read Order] Akshita Saxena2 July 2020 3:26 AMShare This – x”Judiciousness qua grant or refusal of bail must be exercised prudently. A conditions for grant of bail, incapable of compliance, renders the bail a complete fantasy.” The Punjab and Haryana High Court has held that the bail conditions imposed by a court should not be so onerous that they prove “fatal to bail”. “The condition of bail or the burden imposed on it, ought not to be such…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login”Judiciousness qua grant or refusal of bail must be exercised prudently. A conditions for grant of bail, incapable of compliance, renders the bail a complete fantasy.” The Punjab and Haryana High Court has held that the bail conditions imposed by a court should not be so onerous that they prove “fatal to bail”. “The condition of bail or the burden imposed on it, ought not to be such so as to defeat the very meaning of bail. Else, might as well decline the bail instead of giving an illusory one,” the bench Justice Arun Monga said. Background The observation was made in a criminal application whereby the Petitioner had challenged a bail order, to the extent of bail condition requiring him to furnish the details and documents of any immovable property/ properties valuing Rs. 100 crores in lieu of personal bond with respect to all cases pending against him and other co-accused. The Petitioner had been arrested in connection with 67 FIRs that were lodged against him for cheating, fraud, etc. He had filed a bail application only qua one FIR. However, while granting bail, the court considered the amount complained of in every FIR, summing up to approx Rs. 300 crore and accordingly imposed the impugned bail condition. The Court recorded its findings under the following issues: 1) Whether an onerous condition incapable of being performed can be imposed? Answering in the negative, the bench observed that conditions for grant of bail should not itself render the order of bail a “nullity”. “Liberty and law must go hand-in-hand. Law permits curtailing liberty of an individual suspect, but the purpose of using that power under law is to prevent further harm to people at large in a civilized society, including the complainant(s). Liberty cannot thus be curtailed on grounds not envisaged in law or taking a rather tyrannical view on equity to impose undue conditions on liberty, as are incapable of compliance, as in the present case,” the bench said. It noted that the “hefty condition” of security imposed in the order passed by the Additional Sessions Judge was unreasonable and oppressive. The very fact that the petitioner had been languishing in jail (for 26 months) despite having obtained a favourable bail order a year ago, was sufficient indication of his “incapacity to comply” with the said condition “Keeping the petitioner in further detention owing to his incapacity to comply with the said onerous condition of bail would be improper and cause extreme hardship to him to defend himself,” the court said while modifying the relevant condition to furnishing of personal bond for Rs.3,00,00,000/- instead, with one surety for an equal amount. 2) Whether while granting bail in a particular FIR, can a court club all the other FIRs, which are not under consideration before it, for the purpose of imposing an arduous bail condition on an accused? The single bench observed that a bail court cannot club such matters that are not before it. “In my opinion, the amount of bond required from the petitioner and the conditions for bail in FIR No. 113 dated 04.03.2018 ought to have been determined taking into consideration the facts and circumstances of this particular FIR on its own merits, independently of and separately from any other cases” it said. The court clarified that had the Petitioner sought appropriate orders to club the cases, in that event, taking holistic view, an order could have been passed, imposing a security of the kind of Rs.100 crores to secure the rights of complainants in all FIRs. However, in the instant case where bail was sought only wrt one FIR , what necessarily has to be seen is the allegation(s) in FIR in question only. “If the argument of the State Counsel to club all FIRs for purpose of imposing bail condition in one FIR is accepted, it would amount to conferring powers on a bail Court which are otherwise not contained in Cr.P.C. A bail court cannot assume powers in those cases which are not before it,” the bench added. At the same time however, the court was appreciative of the “laudable intent” of the Sessions Court to protect the interests of the investors in all 67 FIRs. But, the said intent to protect innocent investors ought to have been achieved within four corners of criminal jurisprudence by dealing with each criminal case/FIR on its individual merits, the court said. Directing Petitioner to furnish security towards personal bond of his co-accused is illegal The court went on to note that the impugned bail condition of depositing security of Rs. 100 crore was imposed towards the personal bonds of the Petitioner himself as well as his three co-accused. Holding the same to be unjust the court said, “To my mind, the aforesaid other accused persons, if they want to be released on bail, have to seek bail and, if granted, would have to themselves comply with the conditions of bail, whatever those may be. Directing the petitioner to furnish documents concerning security of Rs. 100 crores towards the personal bond of his co-accused Nanak Chand, Rajesh Singla and Bishan Bansal seems patently unjust, unfair, improper and illegal.” Case Details: Case Title: Anil Jindal v. State of Haryana Case No.: CRM-M No. 4525/2020 (O&M) Quorum: Justice Arun Monga Appearance: Senior Advocate Dr. Anmol Rattan Sidhu and Advocate RS Rai with Advocates Kunal Dawar and Pratham Sethi (for Petitioner); AAG Deepak Sabharwal and Dy. AG Tanisha Peshawaria (for State) Click Here To Download Order Read Order Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York An East Patchogue man has been arrested for allegedly killing a 37-year-old Medford man in a hit-and-run crash in Coram last week, Suffolk County police said.Abdelgheni Dakyouk was charged with leaving the scene of an incident without reporting involving a fatality.Vehicular Crime Unit detectives said the 48-year-old suspect was driving northbound on Route 112 when he struck the victim shortly before 6 a.m. Saturday, March 14.The victim was pronounced dead at the scene. He has been tentatively identified, but has not yet been positively identified, police said.Dakyouk will be arraigned Thursday at First District Court in Central Islip.
Update on the latest sports In other college basketball news:— Louisville has added graduate transfer guards Carlik Jones and Charles Minlend Jr. Jones was named Big South Conference player of the year last season after helping Radford win its second consecutive regular season championship, averaging 20 points, 5.5 assists, 5.1 rebounds and 1.4 steals per game. Minlend averaged 14.5 and points and 4.7 rebounds to lead San Francisco to 22 wins, matching its highest win total in 35 years.— Graduate transfer Dimencio Vaughn has signed to play his final season with Mississippi after three years at Rider. Vaughn averaged 14.8 points and 6.6 rebounds last season, ranking fifth in the Metro Atlantic Athletic Conference in both categories. He was twice a first-team All-MAAC selection and was considered one of the top available grad transfers.— Tennessee has picked up forward E.J. Anosike as a graduate transfer. Anosike averaged a team-high 15.7 points for Sacred Heart last season and ranked sixth nationally with 11.6 rebounds a game.— Minnesota has added frontcourt players Liam Robbins from Drake and Brandon Johnson from Western Michigan. The 7-foot Robbins has applied for immediate eligibility and will have two seasons left. The 6-foot-8 Johnson is a graduate transfer who’ll be eligible immediately for his senior season. Associated Press Among the plans being investigating is basing all 30 teams in the Phoenix area and using the 10 spring training ballparks there, along with the Diamondbacks’ Chase Field and possibly college facilities.Arizona’s governor says his state is willing to host all 30 major league teams when public health concerns allow, which eventually could lead to the start of the baseball season primarily in empty spring training ballparks. Having all teams based in the Phoenix area is among the contingency plans being examined.Meanwhile, Major League Baseball is cutting the salary of senior staff by an average of 35% for this year due to the pandemic’s impact on the season. MLB is guaranteeing paychecks to its full-time employees of its central office through May.In other developments related to the coronavirus pandemic:— Los Angeles Rams center Brian Allen says he tested positive for COVID-19 three weeks ago. Allen is the first active NFL player to acknowledge testing positive during the coronavirus pandemic. He’s not hospitalized and is “feeling good,” according to a statement issued by the team. The 24-year-old Allen became the Rams’ starting center last year in his second NFL season. He played in nine games before missing the rest of the season with a knee injury. Davis has died in a Santa Monica, California, hospital at 85. His wife, Carol, told the Packers her husband had been hospitalized for about a month with kidney failure.Davis was a five-time All-Pro while playing for the Packers from 1960-69. He was voted to the NFL’s all-decade team for the 1960s and was inducted into the Pro Football Hall of Fame in 1981.Davis played college ball at Grambling and was taken in the 15th round of the NFL draft by the Cleveland Browns, where he spent his first two seasons.COLLEGE BASKETBALL-NEWSKentucky’s Montgomery, Washington’s McDaniels turning pro — The major college football conference commissioners have held a 30-minute conference call today with Vice President Mike Pence, stressing that college sports cannot return from the coronavirus shutdown until campuses have reopened. Big 12 Commissioner Bob Bowlsby said Pence asked good questions and was “hopeful and optimistic” about the fight against the coronavirus. American Athletic Conference Commissioner Mike Aresco said they stressed the differences between pro and college sports and talked about how academics and college athletics were inseparable.— World Wrestling Entertainment started releasing professional wrestlers today in budget cuts related to the coronavirus pandemic. The moves came even with the company allowed to continue to run live TV shows in Florida after Gov. Ron DeSantis deemed WWE an essential business. Pro sports were added to a list of businesses permitted to stay open in an April 9 memorandum. WWE is allowed to continue putting on shows without shows.PGA-BYRON NELSON-NEW COURSENelson going to ranch for new home in ’21McKINNEY, Texas (AP) — The Byron Nelson is moving to TPC Craig Ranch, about 30 minutes north of downtown Dallas. — Vance Jackson and Jalen Tate are joining Arkansas as graduate transfers. Jackson averaged 11.1 points and 5.3 rebounds for New Mexico last season. Tate leaves Northern Kentucky after being named the 2020 Horizon League Defensive Player of the Year and MVP of the conference tournament.— Washington has added Wichita State transfer Erik Stevenson and junior college standout Nate Pryor. Stevenson averaged 11.1 points per game last season for Wichita State. Pryor averaged 16.8 points and 4.1 assists per game last season for North Idaho. MLB-VERLANDERVerlander throwing againUNDATED (AP) — Houston Astros ace Justin Verlander has resumed throwing as he recovers from a March groin surgery. Share This StoryFacebookTwitteremailPrintLinkedinRedditNFL-OBIT-WILLIE DAVISHall of Fame DE Willie Davis dead at age 85UNDATED (AP) — Willie Davis was one of the defensive linchpins that helped the Green Bay Packers reel off six NFL championships from 1960-67, including the first two Super Bowls. Verlander dealt with the problem early in spring training and made just two starts during the exhibition season, compiling a 3.86 ERA over 4 2/3 innings.Astros manager Dusty Baker says Verlander is “doing great” and is throwing as he continues his rehabilitation from the March 17 surgery.MLB-HALLADAY-NTSBNTSB releases Halladay crash reportFORT LAUDERDALE, Fla. (AP) — Baseball Hall of Famer Roy Halladay had high levels of amphetamines in his system and was doing extreme acrobatics when he lost control of his small plane and nosedived into Tampa Bay in 2017, killing him. That’s according to a report issued Wednesday by the National Transportation Safety Board. Garcia broke into the majors with the 1978 Yankees and was an All-Star for the Blue Jays in 1984 and ’85. He hit .283 with 323 RBIs and 203 stolen bases before his career ended in 1989.Garcia had several health problems in recent years, including a stroke, according to his son, Dámaso Jr. He was also dealing with respiratory issues, but the death is not related to COVID-19 according to his son.VIRUS OUTBREAK-SPORTSManfred wants MLB ready for businessUNDATED (AP) — Baseball commissioner Rob Manfred wants his leagues to be in position to take the field whenever government and health officials give the go-ahead. Manfred says he thinks it’s incumbent upon MLB to turn over every stone to try to play the game in 2020 if there’s any way it can in the environment. Halladay had amphetamine levels about 10 times therapeutic levels in his blood along with a high level of morphine and an anti-depressant that can impair judgment. The report says he performed high-pitch climbs and steep turns, sometimes within five feet of the water. The maneuvers put loads of nearly two-times gravity on the plane, an Icon A5 Halladay had purchased a month earlier.The NTSB is expected to release a final reason for the crash next month.MLB-OBIT-GARCIAEx-Jays All-Star Garcia diesUNDATED (AP) — Former Toronto Blue Jays second baseman Dámaso (DAH’-mah-soh) García has died in his native Dominican Republic at 63. April 16, 2020 — At least one member of the Los Angeles Chargers organization has tested positive for the coronavirus and two others have reported symptoms. ESPN reported that the first positive diagnosis happened two weeks after the team facility was shut down on March 12. A team spokesman says owner Dean Spanos, general manager Tom Telesco and coach Anthony Lynn are fine.— This year’s Tour de France is now scheduled to be held from Aug. 29 through Sept. 20 and will be followed by cycling’s two other major races. The International Cycling Union announced the new dates after organizers were forced to postpone the Tour’s scheduled June 27 start because of restrictions related to the coronavirus pandemic. The UCI also says the world championships will go ahead as planned from Sept. 20-27 and will be followed by the Giro d’Italia and the Spanish Vuelta. No official dates were given for those two major races.— The parent company that oversees the NHL Buffalo Sabres has announced a series of cost-cutting measures, including layoffs and furloughs affecting 125 employees. Pegula (peh-GOO’-luh) Sports and Entertainment says 104 employees are being furloughed. Another 21 were laid off yesterday, according to a person who spoke to The Associated Press on condition of anonymity.— Speedway Motorsports has laid off 180 employees and furloughed 100 as part of a company restructuring during the sports shutdown. Speedway Motorsports owns the Atlanta, Bristol, Charlotte, Kentucky, Las Vegas, New Hampshire, Sonoma and Texas tracks, all of which host NASCAR’s Cup Series races.— ESPN is asking some of its on-air personalities to take a 15% pay cut over the next three months because of the coronavirus pandemic. The network says the voluntary pay cuts would apply to ESPN’s highest-paid broadcasters. The network already has furloughed those who work on live events. UNDATED (AP) — The NBA draft list continues to grow.Kentucky sophomore forward EJ Montgomery and Washington swingman Jaden McDaniels have announced they are leaving school early to enter the draft.Montgomery averaged career highs of 6.1 points and 5.4 rebounds per game with 31 blocks while starting 25 of his 28 games for the Wildcats last season. He ranked second on the team in rebounding and blocks.Montgomery follows pro announcements by Kentucky teammates Nick Richards, Immanuel Quickley, Ashton Hagans and Tyrese Maxey.McDaniels is the latest one-and-done player for the Huskies and is projected as a middle first-round pick after an inconsistent season. McDaniels showed a lack of maturity and flaws in his game at times, but he averaged 13 points and 5.8 rebounds. Craig Ranch will host the tournament for at least five years, beginning next spring.The announcement Wednesday from the PGA Tour and the Nelson came three months after officials said the tournament was moving from the links-style Trinity Forest Golf Club.,Tampa Bay Lightning advance to face Dallas Stars in Stanley Cup finals, beating New York Islanders 2-1 in OT in Game 6