Vietnam May Amend Criminal Procedure Code to Enhance Human Rights

dinh xuan thao

According to the draft law, the arrested people will have the rights to silence until lawyers come, and lawyers may be allowed to attend interrogations from the beginning of the cases. Currently, 80% of the criminal cases, the suspects have not been assisted by lawyers in defending themselves.

By Vu Quoc Ngu | May 28, 2015

Vietnam’s legislative body National Assembly (NA) is discussing amendments to the draft law of Criminal Procedure Code which will promote human rights in the communist nation.

According to the draft law, the arrested people will have the rights to silence until lawyers come, and lawyers may be allowed to attend interrogations from the beginning of the cases. Currently, 80% of the criminal cases, the suspects have not been assisted by lawyers in defending themselves.

Legislator Dinh Xuan Thao, head of the Institute of Legislative Studies (ILS) said the investigating agencies must inform the arrested people of the right to silence during the detention.

Many lawmakers also backed the compulsory audio and video recordings during interrogation in a bid to prevent torture which is the systemic problem in the one-party country where police, the main forces for maintaining communist power, have been granted too much power.

However, some lawmakers are opposing the right to silence. Ho Chi Minh City-based Do Van Duong, who is member of the NA’s Legal Committee, said this right will cause trouble for investigation. He considers suspects’ silence as peaceful evolution against the regime.

Torture is systemic in the one-party Vietnam, according to the New York-based Human Rights Watch.

Vietnam’s Ministry of Public Security reported that there were 226 deaths of detainees in police stations between October 2011 and September 2014.

The police said most of the deaths were caused by illness and suicides, however, families of many victims said they died from police torture.

In 2014, Vietnam ratified the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of Persons with Disabilities. However, the police power abuse is not solved. Four people have been found dead in police stations so far this year./.