Farmer’s Death Sentence Upheld On Appeal: New Climax

Tan Trung Nguyen, The Vietnamese, July 16, 2018

The Social Republic of Vietnam is known to be notorious for its land management system since the day of its inception.

‘People’s ownership of land,’ whilst sounds misleadingly progressive, has never meant spatial justice for Vietnamese citizens nor intended to guarantee national housing security. Government leaders, alongside with pro-government scholars, often and explicitly, assert that the so-called ‘People’s ownership of land’ is a necessary evil to preserve economic growth.

Under this system, the local government can act as a proxy (or to lend support) to investors, corporations and impose price controls with regards to buying land and property from ordinary citizens for commercial and/or industrial purposes, without the application of any market mechanism. Indeed, the system does accelerate the land-acquisition process, but it also entails corruption, nepotism, and large-scale internal displacement. Unsurprisingly, in 2017, after decades of reforms, 70% of all national administrative complaints and accusations are still land-related.

And again, the story of unresolved land dispute conflicts repeated in Dang Van Hien case.

Long Son Commercial and Investment Company (Long Son), an investor granted the right of using land by the provincial authorities of Dak Nong, decided that it was time to carry out an all-in attack on any farmer who involved in land disputes with Long Son and was not willing to comply with its eviction demands.

It is also noteworthy that these long-lived conflicts between the company and the involved farmers, including defendants Dang Van Hien, Ninh Viet Binh, Ha Van Truong, have all been reported to the competent officialdom, but the farmers only received silence back.

The position of the local government, until now, is still unknown. However, it was these eight years of constant terror tactics and threats made by Long Son toward the farmers, reportedly, that had led to the tragic ending of three deaths and several other injuries in October 2016.

On October 23, 2016, armed with ‘primitive weapons’ and several bulldozers, over thirty workers of Long Son Company advanced into the farms on the disputed lands, leveled half thousands of cash crops and surrounded the farmer’ houses in groups.

The farmers then responded with their improvised firearms. Dang Van Hien fired his gun in the air with the hope of dismissing the crowd. The attempt was unsuccessful and triggered further escalation from Long Son’s employees with rocks and bulldozers approaching. Desperate and probably was also in fear, in the end, Hien and Binh shot aimlessly into the group of workers even after they turned around and ran away. Three persons were killed and 13 others injured.

In the first trial by the lower court earlier this January, when the court announced the verdict that Hien received the death sentence for the murders, the attendees turned the courthouse into chaos. Unfortunately, the court of appeal has recently agreed with the first-instance court and upheld the judgment. And again, the villagers from Hien’s neighborhood reacted with outpouring outrage, and in a sense, out of despair right at the court’s doorsteps.

Legalwise, the court’s decision now faces widespread criticism from lawyers and independent scholars where most of them concur that the punishment for Hien is too harsh and unnecessary. It was the responsibility of Long Son, whose actions in the past eight years were both unlawful and provoking, which have caused the farmer’s retaliatory measures. Some are also pressing on the fact that both the trial and appellate courts have failed to consider the numerous mitigating factors in favour of Hien under Vietnam’s Penal Code. These include the fact that Hien voluntarily turned himself in and he and his family have made financial reparation to the victim’s families.

Politically speaking, the court seems to be, arguably, insensitive about the nature of the case. Land disputes have been and will continue to be the most problematic social conflict in Vietnam, and an unconvinced judgment like this will only consolidate public notion on the relationship between interest groups, crony capitalists, and the government.

On the other hand, some believe the judgment is deliberative. Activists contend that the judgment is a signal to landowners and dissidents alike, warning them that any conduct deemed to be challenging to the ultimate authority of the government in distributing land and assigning land purposes will never be tolerated in Vietnam.

Nevertheless, if the President of the Socialist Republic of Vietnam, Tran Dai Quang, refuses to grant Dang Van Hien a reprieve this week and the competent judicial branches also fail to request a reconsideration of the case by compelling a trial by cassation, Hien could very soon be the first farmer getting executed due to a land dispute in the history of the Communist Party’s ruling in the country. And that would be a very worrying sign for the deterioration of land administration under the current regime.