Lawyer jailed for abusing democratic freedoms
The Hanoi People’s Court sentenced a lawyer to three years in prison for “abusing the rights to freedom and democracy to violate interests of the State, rights and legitimate interests of organisations and individuals” at a first-instance trial held on January 9 - 10.
Tran Dinh Trien, born in 1959, worked as a lawyer and was head of the Vi Dan Law Office under the Hanoi Bar Association.
According to the indictment issued by the Surpeme People's Procuracy, on February 3, 2023, Trien created a Facebook account named “Tran Dinh Trien”, which was solely managed and used by him without sharing the administrator right with anyone else.
While working as a lawyer, the defendant developed personal grievances related to the judicial sector and the leadership of the Supreme People's Court. From April 23 to May 9, 2024, he drafted and posted three articles on his Facebook page.
The forensic conclusion confirmed that the posted information adversely impacted the reputation and dignity of the People's Court system and leaders of the Supreme People's Court, and also infringed upon their rights and legitimate interests, causing negative impact on security, public order and social safety.
During the investigation and at the trial, Trien admitted that the information and contents in his posts were collected by himself and based on his subjective opinions without any verified information, documentation, or evidence substantiating them.
The first-instance verdict stated that the right to freedom of speech is recognised by the Constitution and law. However, when exercising this right, every individual and organisation must comply with legal regulations, and not abuse the right to freedom of speech to infringe upon national interests, the rights and interests of the State, or the rights and legitimate interests of other organisations and individuals.
Trien's use of social media to draft and post content infringing on the rights and legitimate interests of other entities as stated in the forensic conclusion constitutes a violation of the law.
Therefore, the defendant must bear responsibility for his actions, the verdict said, adding that the arguments presented by Trien and some lawyers claiming that the drafting of these posts was an exercise of his right to freedom of speech are unfounded.
