By Vu Quoc Ngu | Apr 03, 2015
Vietnam’s Supreme People’s Procuracy has made draft amendments to criminal justice procedures that give crime suspects more rights during interrogation, including the right to remain silent.
The move came at a time when several cases of wrongful conviction have been drawing a great public concerns, state media reported.
Le Huu The, deputy chief of the Supreme People’s Procuracy, said at a meeting with the National Assembly’s Judicial Committee on Monday that their recommendation of the right to silence means that suspects have a right not to make any statement or any confession that can be used against them during the trial.
He said further that a basic premise of the code is “presumption of innocence,” meaning law enforcement agencies are supposed to handle the case in a way that benefits the suspect.
The proposal met strong objection from the Ministry of Public Security. Deputy Minister Le Quy Vuong said the amendments would encourage criminals to give false statements or use the right to silence to hinder authorities’ efforts to solve crimes.
The Supreme People’s Procuracy’s proposal which requires every interrogation to be recorded met mixed opinions. Some legislators claimed it is “impossible” while Mr. Vuong said it would be expensive to equip every investigative agency with recorders since the country has numerous agencies with 700-800 of them operating just at the district level.
Mr. Vuong expressed support for the recommendation to give suspects the right to have a medical check-up done before being detained, saying it is necessary given that investigative agencies have recently been criticized for deaths in custody.
“Whenever it comes to deaths in custody, some people will blame law enforcement agencies for torturing and coercing suspects into confessing or treating them improperly,” he said.
In fact, many suspects are already sick when detained and could die merely from shock, the deputy minister claimed.
A report furnished by the Ministry of Public Security at a meeting with the NA’s Standing Committee last week showed that 226 detainees died in the country between October 2011 and September 2014.
Though the report did not have any comparable data, some lawmakers said the number of deaths in custody has increased sharply in recent years, raising questions about the actual causes of deaths.
The amendments to the Criminal Procedure are slated to be submitted to the communist-controlled parliament at a mid-year session.
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April 4, 2015
Vietnam May Grant Greater Rights for Crime Suspects
by Nhan Quyen • [Human Rights]
Le Huu The, deputy chief of the Supreme People’s Procuracy, said at a meeting with the National Assembly’s Judicial Committee on Monday that their recommendation of the right to silence means that suspects have a right not to make any statement or any confession that can be used against them during the trial.
He said further that a basic premise of the code is “presumption of innocence,” meaning law enforcement agencies are supposed to handle the case in a way that benefits the suspect.
By Vu Quoc Ngu | Apr 03, 2015
Vietnam’s Supreme People’s Procuracy has made draft amendments to criminal justice procedures that give crime suspects more rights during interrogation, including the right to remain silent.
The move came at a time when several cases of wrongful conviction have been drawing a great public concerns, state media reported.
Le Huu The, deputy chief of the Supreme People’s Procuracy, said at a meeting with the National Assembly’s Judicial Committee on Monday that their recommendation of the right to silence means that suspects have a right not to make any statement or any confession that can be used against them during the trial.
He said further that a basic premise of the code is “presumption of innocence,” meaning law enforcement agencies are supposed to handle the case in a way that benefits the suspect.
The proposal met strong objection from the Ministry of Public Security. Deputy Minister Le Quy Vuong said the amendments would encourage criminals to give false statements or use the right to silence to hinder authorities’ efforts to solve crimes.
The Supreme People’s Procuracy’s proposal which requires every interrogation to be recorded met mixed opinions. Some legislators claimed it is “impossible” while Mr. Vuong said it would be expensive to equip every investigative agency with recorders since the country has numerous agencies with 700-800 of them operating just at the district level.
Mr. Vuong expressed support for the recommendation to give suspects the right to have a medical check-up done before being detained, saying it is necessary given that investigative agencies have recently been criticized for deaths in custody.
“Whenever it comes to deaths in custody, some people will blame law enforcement agencies for torturing and coercing suspects into confessing or treating them improperly,” he said.
In fact, many suspects are already sick when detained and could die merely from shock, the deputy minister claimed.
A report furnished by the Ministry of Public Security at a meeting with the NA’s Standing Committee last week showed that 226 detainees died in the country between October 2011 and September 2014.
Though the report did not have any comparable data, some lawmakers said the number of deaths in custody has increased sharply in recent years, raising questions about the actual causes of deaths.
The amendments to the Criminal Procedure are slated to be submitted to the communist-controlled parliament at a mid-year session.