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National Assembly debates wrongful convictions

National Assembly deputies discussed a Standing Committee report on wrongful convictions and compensation for those involved on June 5.
National Assembly deputies discussed a Standing Committee report onwrongful convictions and compensation for those involved on June 5.

The report said the number of crimes had increased considerably in recent years - and they had become more sophisticated.

"Generally speaking, investigation activities and criminal cases areheld in accordance with the law and upheld citizens' legal rights andinterests," the report said.

However, it admitted weaknesses and shortcomings occurred during some investigations, criminal proceedings and trials.

In the period from October 1, 2011 to September 30, 2014 there were219,506 cases in which a total of 338,379 people were put on trial.

Of these, 71 people were wrongfully convicted – or just 0.02 per cent.Although the number of wrongful convictions was small, they affectedthe victims' dignity and honour as well as their health and property.

"Some serious cases created extreme anxiety among thepublic, eroding many people's confidence in our justice system anddamaging the prestige of our law enforcement agencies," the report said.

The report singled out some of the main reasonsleading to wrongful convictions. They included poor law enforcement, andthe knowledge of some investigators, inspectors and judges.

In addition, up to 80 percent of criminal court cases today were held without defence counsels.

In its report, the NA Standing Committee asked investigation offices,People's Inspectorate Institutes and Courts at all levels to take the2013 Constitution as the lodestar during the performance of theirduties.

"When a wrongful conviction is confirmed,compensation must be paid immediately to the victims in accordance withthe Criminal Code and the Criminal Procedure Code," the report said.

Deputy Le Dinh Khanh of Hai Duong province said compensation forpeople wrongfully convicted was already stipulated in the Law on StateCompensation.

He added, however, that there werestill problems with different agencies passing the buck onresponsibility for paying the compensation.

He saidlegal documents should identify the level of compensation that agenciesand individuals and the courts can rely on, especially in cases thatrequire lengthy court procedures.

Bui Van Xuyen, adeputy from Thai Binh province, said that when it has been clearlyestablished that a person has been wrongfully convicted, haste must bemade in paying compensation. When compensation is sought in such cases,they should not be dealt with as normal civil dispute cases, he said.

At the discussion, Public Security Minister Tran DaiQuang said there had been efforts to inspect prosecuting activities,temporary detentions and in finding early signs of wrongful conviction.

He said it was necessary to highlight clearly theresponsibilities of senior police officers and investigators. Hisministry was planning to increase the number of investigators in manyimportant localities, Quang said.

Prosecutor GeneralNguyen Hoa Binh said the office was working hard to prevent wrongfulconvictions, torture and coerced confessions.

Hesaid one measure being considered was to link via the Internet the courtroom with the room of the head of the provincial prosecutor's office.This would enable proper assessment of the quality of both prosecutorialwork and court proceedings, he added.

Binh said thejudicial sector was also working to ensure that civil organisations andthe public have a greater say in the court proceedings.

In the case of Nguyen Thanh Chan, who was sentenced to 10 years inprison for a murder he did not commit, the compensation had beenfinalised at 7.2 billion VND, Chief Justice Truong Hoa Binh said on June5.-VNA

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