In recent years, there have been quite many miscarriages of justice. There are many unjust cases that have been recognized by the court and widely reported by the press. Many cases have been vindicated, judicial authorities have publicly apologized and compensated victims.
Although the situation of wrongful convictions in Vietnam is not common, it is also not absent. That is why, on March 27, President of Vietnam Vo Van Thuong, at a meeting with the Party Committee and leaders of the Supreme People’s Court, requested the court sector to be cautious in adjudication so injustice must not happen.
There are still many cases of wrongful death for decades, but not resolved by the government, typically two famous wrongful death cases, Ho Duy Hai and Nguyen Van Chuong, making public opinion extremely upset.
VietNamnet on October 15 reported with the title, “Mr. Nguyen Hoa Binh: In 2023, no cases of wrongful conviction of innocent people have been discovered.”
The news said that Chief Justice of the Supreme People’s Court Nguyen Hoa Binh has just reported to the National Assembly, the National Assembly Standing Committee, and the President on the work of the courts in 2023. Accordingly, Mr. Nguyen Hoa Binh affirmed: “In 2023, criminal cases are tried strictly, with the right person, the right crime, and according to the law; We have not discovered any case of wrongful conviction of innocent people.”
“Compared to 2022, the number of handled cases increased; However, the rate of judgments due to subjective reasons of the court is lower than last year and meets the requirements set by the National Assembly Resolution (no more than 1.5%).”
The statement of Mr. Nguyen Hoa Binh, head of the Vietnamese Court sector, reminded public opinion that, in mid-September 2023, Mr. Binh said that the National Assembly’s Resolution allows 1.5% of the total cases, which is about 9,000 cases, to be wrong due to subjective errors.
Mr. Nguyen Hoa Binh also gave the excuse that if every mistake was made he would be disciplined, there would be no one to work!
Mr. Binh’s statement not only caused discontent in public opinion about irresponsibility, but also showed that those who hold the balance in the court sector are given the “green light” – allowed to make mistakes – at the highest level, very dangerous thing. Because of that, where do people know where to find or seek justice?
According to lawyers, whether in theory or in principle, Mr. Nguyen Hoa Binh’s statements are completely wrong. Because a trial must be absolutely accurate, no injustice is allowed.
On the other hand, the head of the Vietnamese Judiciary industry has set a limit for wrongful convictions, meaning that even if the judge causes a wrongful conviction, but below the limit, is it considered to have completed the task well?
Assessing the causes leading to unjust sentences, according to lawyer Le Van Hoa, who was a senior official of the Central Internal Affairs Commission, said, the main causes leading to unjust cases are due to human factors. The common denominator of most wrongful death cases in Vietnam is that the accused is tortured and forced to confess, including corporal punishment, by police officers during the investigation process.
When under pressure about achievements and investigation progress, the investigation and prosecution agencies try to reason in the direction they think right, leaving the accused and defendants without the opportunity to testify. Therefore, objective truth cannot be found.
According to lawyer Le Van Hoa, it’s all because the leaders don’t care and don’t closely inspect and supervise. But it cannot be ruled out that there are cases under the direction of someone at a higher level, which in Vietnam are called pocket cases.
Public opinion sees that, with Mr. Nguyen Hoa Binh’s subjective “arrogance“, wrongful convictions, including the death penalty, are inevitable.
This was clearly stated by President Vo Van Thuong in a working session with leaders of the Supreme People’s Court in Hanoi in March 2023, that “… each judgment and decision of the relevant court to political life and even human life, to the legitimate rights and interests of organizations and citizens, so injustice must not be allowed to occur, wrongful situations must be minimized, or with high requirements, injustice must not occur.”.
Thoibao.de (Translated)
