By Vu Quoc Ngu | Aug 27, 2015
Vietnam should release detainees immediately if lack of evidence to prove guilty during investigation and trials, said Dinh Xuan Thao, head of the Institute of Legislative Studies (ILS) under the country’s legislative body National Assembly (NA).
Dr. Thao made this proposal during a debate on the full-time legislators on the draft law of Criminal Procedure Code held in Hanoi on Aug. 26.
Earlier this month, Le Thu Ba, deputy head of the NA 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.
Agreeing with the proposal of Dr. Thao, An Giang province-based Legislator Tran Van Do said Vietnam must ensure the right to equality before the law and courts as well as the right to a fair hearing, including the equality of arms.
During the investigation, the rights of accused individuals to confront the witnesses against them, Mr. Do noted.
NA’s Vice Chairman Uong Chu Luu said the presumption of innocence must be prioritized to halt miscarriages of justice.
Legislators also requested investigation agencies to record video and audio during interrogation in order to prevent torture, ill-treatment or coercion.
Regarding the right to remain silent, most of legislators demanded it to be included into the draft law while Legislator Do Van Duong from Ho Chi Minh Citydisagreed, saying it will create trouble for police investigators.
The draft bill, prepared by the Ministry of Justice, will be submitted to the communist-controlled parliament for approval in October.
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August 27, 2015
Vietnam Should Release Detainees Instantly if Lacking Evidence to Prove Guilty
by Nhan Quyen • [Human Rights]
By Vu Quoc Ngu | Aug 27, 2015
Vietnam should release detainees immediately if lack of evidence to prove guilty during investigation and trials, said Dinh Xuan Thao, head of the Institute of Legislative Studies (ILS) under the country’s legislative body National Assembly (NA).
Dr. Thao made this proposal during a debate on the full-time legislators on the draft law of Criminal Procedure Code held in Hanoi on Aug. 26.
Earlier this month, Le Thu Ba, deputy head of the NA 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.
Agreeing with the proposal of Dr. Thao, An Giang province-based Legislator Tran Van Do said Vietnam must ensure the right to equality before the law and courts as well as the right to a fair hearing, including the equality of arms.
During the investigation, the rights of accused individuals to confront the witnesses against them, Mr. Do noted.
NA’s Vice Chairman Uong Chu Luu said the presumption of innocence must be prioritized to halt miscarriages of justice.
Legislators also requested investigation agencies to record video and audio during interrogation in order to prevent torture, ill-treatment or coercion.
Regarding the right to remain silent, most of legislators demanded it to be included into the draft law while Legislator Do Van Duong from Ho Chi Minh Citydisagreed, saying it will create trouble for police investigators.
The draft bill, prepared by the Ministry of Justice, will be submitted to the communist-controlled parliament for approval in October.