THE TRUTH - JUSTICE - LOVE
The petition requests reorganizing activities detention and interrogation of the police investigation of Vietnam is sent to the leaders of the Communist Party and the State government of Vietnam, Vietnam National Assembly, the Minister Vietnamese police, the head of the investigating agencies, lawyers and press, media agencies in the country reflects the current situation on the unruly, abuse of power, torture, use of corporal punishment available and illegally detained persons arbitrarily of security branch of Vietnam, and is a common phenomenon that are happening in Vietnamese society. Though nature conservative, unruly, stubborn and unscrupulous of the communist regime, is the listening to the voice of the people and the willingness to overcome modify these shortcomings, mistakes in the management and to run of the country is still something far away now. However, the above recommendations of Vietnamese lawyers in the context of the current country is a right thing to do, in time and in accordance with the aspirations of the vast majority of Vietnamese people living in and outside the country .
True to comment and reflect the reality of today's lawyer, if not timely to correct, and continue to survive behavior without law, without the current ethics of the police, the future do not know how many cases which have served fined a full unjustly. Especially serious for the death penalty for felony offenders, imposing, seduce, torture photos available or fabricated false evidence to serve private plot of the police that's killing them, if discovered later that is wrongfully of sentence, the police officers how to compensate for their lives? Back to the article 88 of the criminal procedure law is now accused of charges of "propaganda against the State", the Vietnamese communist authorities should realize seriously and correctly between the proper implementation of patriotism against enemy invasion and propaganda against the State, as well as should distinguish clearly between propaganda anti-state and propaganda against the wrongs of state.
If Vietnam is a jurisdiction State, is anyone who also can not sit on the law, the National Constitution and trample on justice , even itself of the leaders of the Party and government at all levels . Therefore, if the Party and government having misconduct, unlawful, then the people have the right to criticize criticize or ask them to modify in any form and that the government should not see those acts as crimes "propaganda against the State". If feel that people say wrongly, then the State government let demonstrate what they have done is right by the factual evidence, and most obvious. Like so, when the government condemns someone charged with " propaganda against the State "will receive a lot of sympathy from public opinion, and to be persuaded by people. We expect that extreme patriotism and enthusiasm are interested in the current national destiny of the people, especially from the young students will change the look and behavior is worse now of the Vietnamese Communist Party and government.
Lawyers VN: Please correct the arrest and interrogation activities of the investigation
Posted by pleikly lúc 10:58 Sáng 5/11/12
VRNs (05/11/2012) - Hanoi - Dear fellow lawyer,
Regulatory arrest provisions in the Criminal Code as a measure to prevent the accused defendants continued to make the offense or escape. However for long time, the arrest was abused deformed into a form of torture and to extort depositions from somebody. As a lawyer who witnessed the that wrongfully convicted suffering of many people, I would like to comment to the authorities to consider amending the law to ensure both prevention of and fight against crime has to protect the rights citizens.
This content is also in response to the judicial reform program which the state is the policy, the president is the head of the Central Judicial Reform. To be the opinion of industry attention and resolution, respectfully request that you colleagues have voice support.
Our warmest thanks.
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, November 4, 2012
(Please correct the arrest and interrogation activities of the investigation)
- State President Truong Tan Sang
- Congress of Vietnam
- Minister of Police, Tran Dai Quang
- Head of Investigation agency of all levels
- Lawyers of Vietnam
- Press Agency
I / THE PETITION
I am: Ngo Ngoc Trai, Lawyer of the Bar Association of Nam Dinh province
II / LEGAL BASIS OF THE PROPOSALS
Vietnam's 1992 Constitution: Article 53. Citizens have the right to participate in management of the State and society, to discuss common problems of the country and local proposals to state agencies.
Law promulgated legal documents, Article 93 provides: Agencies, organizations and citizens have the right to request competent state agencies to consider the amendment, supplement, replace, repeal or suspend only the execution of legal documents.
III / CONTENT ISSUES RECOMMENDATIONS
Arrest as a deterrent measures provided for in the Criminal Code, the purpose is to prevent the accused from criminal defendants continue or escape.
However, in many cases the arrest was deformed into a form of torture, and to extort depositions from somebody and it is really a form of extort depositions from somebody torture.
The Criminal Code, Article 6 provides: Prohibition of all forms of coercion, torture.
Considering the conditions of detention of the investigation in Vietnam at present, the cramped cell, electric water deficiency, nutrient-poor foods, common phenomena in the custody of abuse, not visitation ones, do not have access to books and television ... With such detention conditions human health will be depleted, mental decline, taking advantage of the situation to take testimony which is a form of torture picture.
One accused in Tinh Gia District, Thanh Hoa Province Police Agency survey Tinh Gia district police prosecuted for abusing trust to appropriate property, the first phase of the investigation when the accused was bailed, made denial statements. Then the investigation ordered into custody, since the testimony of the accused is guilty.
When in court, the accused testified that the investigated staff has made defendant for drinking and seduction if declared guilty will be released back with his wife and children , and then the defendant pleaded guilty. The defendant also testified that in the the cold winter weather but those who were detained together forced to shower twice a day. So that when be in the court the defendant has exhausted health, to stop the trial court to the district hospital medical staff to emergency, the court hearing to be postponed.
Accused Han Duc Long, Bac Giang People's Court sentenced to death on charges of murder and child rape, the defendant is currently awaiting execution. In the testimony, the defendant have pleaded guilty, hand-written self-declaration by the defendant also pleaded guilty, but in when the court, the defendant denied the crime. When asked why the accused confessed the crime to the investigating agency, to know that the charge of such a confession is subject to the death penalty? The defendant replied that: The defendant abused idea that will die soon in custody, the accused must plead guilty to having the opportunity to live out in court to tell the truth not guilty, the defendant was afraid I will die without seeing his wife and children to say that they are victims of injustice. Defendants claimed that investigating officers asked to write according to officials investigating reading, when not agree, immediately be investigated using ballpoint pens of officials crashed into the hands. This is the tragic case of grievances from the year 2005, the investigating agency is the agency investigating the case Le Van Luyen, the trial judge is the judge hear the case Le Van Luyen. The case of Le Van Luyen, the agencies did well, but in the case of Han Duc Long agencies was wrong.
In fact a long time a number of investigations have abused the arrest cause discontent reaction. Journalist Hoang Khuong cases prosecuted on charges of bribery investigation, is a journalist with personal well, clearly residence, no sign will escape or continue to sin, can be applied prohibition to leave the residence, but the investigation agency also arrest?.
Recently Ms. Nguyen Phuong Uyen arrested on acts of propaganda against the state. A 20-year-old student girl has a lovely gentle face, clear identity and place of residence, there is nothing that the girl will escape or continue to sin, just assigned to local and banned away from home , why must need to arrest?
The case of Ms. Nguyen Thi Bich Trang, employees of Tan Tao University arrested for abuse of democratic freedoms also revealed the misuse of investigating agencies. This is in cases of less serious crimes can apply sanctions to leave their places of residence but also arrested. There is new information that arrested the girl was forced to call the lie that she was with own busy reason does not work. A small detail like that showed a sign of to extort depositions from somebody, when just was arrested is so whether detention for months girl be forced to declare a lie what else?
In terms of human nature, no one betrayed himself. The testimony today can be your documents against normal tomorrow, no one wants to report. In fact, only due to extort depositions from somebody torture, people new to report.
Considering the nature of the law, the criminal investigation process in order to protect the law and protect the rights of citizens, so the picture of rape charges against the accused must be declared to have violated a law relationships are also protected by law, it is the law on the right to protection of life, health, honor and dignity of citizens.
Thus the initial handling of the case meant good, positive has been done in ways contrary to its original meaning. It is clear that any compromise on the scale value between means and goals.
The phenomenon of the arrests stem from abuse laws fraught with violent elements inconsistent with the values of civilized law. Detention conditions as stated above and prolonged detention time will make the accused desperate to give up, taking advantage of the situation to get that testimony is abuse of the arrest, many cases lead to wrongfully convicted as Han Duc Long case in Bac Giang and case in Tinh Gia, Thanh Hoa, as mentioned above.
To avoid abuse of the arrest, the need to amend the Criminal Code, instead of the provisions prohibiting any form of coercion, torture, should provide the accused have the right to remain silent or agree declared to have the participation of defense counsel. Meanwhile the arrest still blocking effects that are not misused to provide for that, when the testimony has been the defense, getting back to the original detention means a form of prevention.
IV / RECOMMENDATIONS
- State President Truong Tan Sang is the head of the steering committee the central judicial reform, respectfully request that the president pay attention to investigative activities, detained and interrogated today. Judicial reform is the large problem long term, through specific facts will show that the deficiencies of the law affecting the safety of the people, lens forward chairman attention.
- The National Assembly is the body of the Criminal Code, this text is taken comments amended, respectfully request that Congress pay attention to the arrest and interrogation activities. Proposed amendments to the provisions prohibiting any form of coercion, torture persons in custody provisions, the accused, the accused have the right to remain silent, and only accept the testimony as evidence when the testimony the participation of defense counsel.
- To request the Minister of Public Security and the heads of the investigating agency attention to the issue of detention and interrogation of the investigation, proposed inspection activities to check and handle things wrong violations.
- Suggest lawyer colleagues in response to judicial reform program of the state, a voice reflecting the shortcomings of the law and abuse in law enforcement, judicial contribute to building a better the beauty of Vietnam.
- Would the press agency reported reflect interest, support judicial reform program led by President.
Our warmest thanks!
Lawyer Ngo Ngoc Trai
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