By Vu Quoc Ngu | Aug 05, 2015
Vietnam should shorten the period of temporary detention of criminal suspects in a bid to prevent torture, said Scott Ciment, policy advisor on Rule of Law, Access to Justice and Civil Society at UN Development Program Vietnam.
Speaking at a workshop co-organized by the Legal Committee of Vietnam’s legislative body National Assembly and the UN Development Program Vietnam in Hanoi on Aug 4, Mr. Ciment said detainees should be held up to 72 hours and the investigating agencies must inform the right to remain silent to the arrested.
Equipment for video and audio recording should be installed in interrogating, detention and prison facilities, Mr. Ciment suggested.
In addition, Vietnam should establish an independent justice agency to investigate accusation of torture against police officers, and train police officers on special skills to help them improve interrogation works without using improper methods, Mr. Ciment noted.
The most important is that Vietnam’s court should not accept evidences and confessions of suspects through torture and degrading treatments, Mr. Ciment added.
Mr. Ciment also supported the proposal of lawyer Phan Trung Hoai from the Vietnam Bar Federation which suggests legalizing the right to remain silent of detainees accused in criminal cases, and give power to lawyers to collect evidences to protect their clients.
Mr. Hoai said in order to avoid legal miscarriage, defendants’ lawyers should have equal power to procuracy. The authorities should drop administrative procedures required for lawyers to meeting their clients during detention period.
However, the proposals of Ciment and Hai were not welcomed by representatives of the Ministry of Public Security as well as some conservative legislators, who prioritize public security over human rights.
The Ministry of Public Security said the number of torture and degrading cases is still small.
Uong Chu Luu, deputy chairman of the National Assembly, concluded that there are many different opinions on the draft law of criminal procedure code, especially regarding the right to remain silent. However, the new law should grant more human rights for suspects in criminal cases, he noted.
The draft law will be submitted to the communist-controlled parliament for approval in October.
Meanwhile, there is rising number of deaths of detainees in police stations and detention facilities. So far, nearly ten peoples have been found dead in police facilities so far this year. Many of them were with severe injuries on their bodies.
In addition, many others have complained that they were tortured by policemen while being detained in police stations.
According to the government report, 226 detainees and arrested died in police stations and prisons in the past four years. Police said most of their deaths were caused by suicides and illness, however, their families believe that torture and bad treatment are main causes of their deaths.
Vietnam adopted the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment last year.
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August 5, 2015
Vietnam Urged to Shorten Temporary Detention Period to Prevent Torture
by Nhan Quyen • [Human Rights]
The most important is that Vietnam’s court should not accept evidences and confessions of suspects through torture and degrading treatments, Mr. Ciment added.
By Vu Quoc Ngu | Aug 05, 2015
Vietnam should shorten the period of temporary detention of criminal suspects in a bid to prevent torture, said Scott Ciment, policy advisor on Rule of Law, Access to Justice and Civil Society at UN Development Program Vietnam.
Speaking at a workshop co-organized by the Legal Committee of Vietnam’s legislative body National Assembly and the UN Development Program Vietnam in Hanoi on Aug 4, Mr. Ciment said detainees should be held up to 72 hours and the investigating agencies must inform the right to remain silent to the arrested.
Equipment for video and audio recording should be installed in interrogating, detention and prison facilities, Mr. Ciment suggested.
In addition, Vietnam should establish an independent justice agency to investigate accusation of torture against police officers, and train police officers on special skills to help them improve interrogation works without using improper methods, Mr. Ciment noted.
The most important is that Vietnam’s court should not accept evidences and confessions of suspects through torture and degrading treatments, Mr. Ciment added.
Mr. Ciment also supported the proposal of lawyer Phan Trung Hoai from the Vietnam Bar Federation which suggests legalizing the right to remain silent of detainees accused in criminal cases, and give power to lawyers to collect evidences to protect their clients.
Mr. Hoai said in order to avoid legal miscarriage, defendants’ lawyers should have equal power to procuracy. The authorities should drop administrative procedures required for lawyers to meeting their clients during detention period.
However, the proposals of Ciment and Hai were not welcomed by representatives of the Ministry of Public Security as well as some conservative legislators, who prioritize public security over human rights.
The Ministry of Public Security said the number of torture and degrading cases is still small.
Uong Chu Luu, deputy chairman of the National Assembly, concluded that there are many different opinions on the draft law of criminal procedure code, especially regarding the right to remain silent. However, the new law should grant more human rights for suspects in criminal cases, he noted.
The draft law will be submitted to the communist-controlled parliament for approval in October.
Meanwhile, there is rising number of deaths of detainees in police stations and detention facilities. So far, nearly ten peoples have been found dead in police facilities so far this year. Many of them were with severe injuries on their bodies.
In addition, many others have complained that they were tortured by policemen while being detained in police stations.
According to the government report, 226 detainees and arrested died in police stations and prisons in the past four years. Police said most of their deaths were caused by suicides and illness, however, their families believe that torture and bad treatment are main causes of their deaths.
Vietnam adopted the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment last year.