NA Standing Committee holds 40th session this week
By Vu Quoc Ngu | Aug 14, 2015
Vietnam needs to enhance the presumption of innocence in a bid to promote human rights and halt legal miscarriages, said members of the Standing Committee under the country’s legislative body National Assembly (NA).
Speaking at a meeting of the ongoing 40th session of the Standing Committee on the draft law of Criminal Procedure Code, Phan Trung Ly, chairman of the NA’s Legal Committee, said so far the presumption of innocence is not respected as investigators have strived to prove that the suspects are criminals.
The new law should require investigators to valuate evidence which may prove that the suspects are wrongly accused, Mr. Ly said.
Le Thu Ba, deputy head of the National Steering Committee on Legal Reform said in many cases, the investigation agencies failed to prove allegation against suspects but they fabricated some accusations or sought to legalize the detention period instead of freeing them. The situation must be ended, she said.
Regarding special investigation, the NA’s Judicial Committee agreed that the new Criminal Procedure Code will allow only three measures which will limit citizenship’s rights: secret voice and video recording, spying phones and collecting secret e-documents. The implementation of the special investigation can be made upon the criminal probing or the verifying of criminal information source.
These measures must be limited to protect human rights, said Dr. Dinh Xuan Thao, head of the Institute of Legislative Studies (ILS) while Ms. Ba said these measures must be addressed in the law.
The draft law requires video or audio recording during all interrogations unless in specific cases due to objective reasons. In these case, the reasons must be pointed in the interrogation minutes.
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August 14, 2015
Vietnam Urged to Prioritize Presumption of Innocence
by Nhan Quyen • [Human Rights]
NA Standing Committee holds 40th session this week
By Vu Quoc Ngu | Aug 14, 2015
Vietnam needs to enhance the presumption of innocence in a bid to promote human rights and halt legal miscarriages, said members of the Standing Committee under the country’s legislative body National Assembly (NA).
Speaking at a meeting of the ongoing 40th session of the Standing Committee on the draft law of Criminal Procedure Code, Phan Trung Ly, chairman of the NA’s Legal Committee, said so far the presumption of innocence is not respected as investigators have strived to prove that the suspects are criminals.
The new law should require investigators to valuate evidence which may prove that the suspects are wrongly accused, Mr. Ly said.
Le Thu Ba, deputy head of the National Steering Committee on Legal Reform said in many cases, the investigation agencies failed to prove allegation against suspects but they fabricated some accusations or sought to legalize the detention period instead of freeing them. The situation must be ended, she said.
Regarding special investigation, the NA’s Judicial Committee agreed that the new Criminal Procedure Code will allow only three measures which will limit citizenship’s rights: secret voice and video recording, spying phones and collecting secret e-documents. The implementation of the special investigation can be made upon the criminal probing or the verifying of criminal information source.
These measures must be limited to protect human rights, said Dr. Dinh Xuan Thao, head of the Institute of Legislative Studies (ILS) while Ms. Ba said these measures must be addressed in the law.
The draft law requires video or audio recording during all interrogations unless in specific cases due to objective reasons. In these case, the reasons must be pointed in the interrogation minutes.