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Editor’s Note: These days, the public is paying full attention to the appeal in the Ho Duy Hai case: the defendant was sentenced to death in two previous trial and appeal trials when he was forced, brutally murdering two employees of the police office. emails from Cau Voi (Long An) over 12 years ago.
On May 8, the Council of Judges of the Supreme People’s Court issued a cassation review, which rejected the appeal of the Supreme People’s Procuratorate and proposed the death sentence for the accused Ho Duy Hai. .
However, the problem that caused the public to climax immediately after the cassation decision was that in the process of investigating and examining the Ho Duy Hai case, there were many errors by investigating agencies (although there was “cannot change the nature of the case “(like the verdict of a cassation review), but also gives the public the right to doubt the accuracy and fairness of the sentence.
On this occasion, Dan Viet would like to republish the series on the Nguyen Thanh Chan case in Bac Giang, who was vindicated after more than 10 years in prison.
Here, we are not questioning (or claiming) whether Ho Duy Hai is subject to an injustice like Mr. Chan or not. But, like the Ho Duy Hai case, in the process of investigating and investigating the Nguyen Thanh Chan case, the judicial authorities at the time also made many very serious mistakes that led to incorrect investigative results. radical deviation …
Read and review the 5-part series on the unfair case of Nguyen Thanh Chan. The series was published in Dan Viet in 2015.
Unexpected murder and 9 days of panic, corporal punishment (Part 1)
From the date of receipt of the summons to the Police Investigation Agency (September 20, 2003), he was forced to sign a confession statement, undergo two first instance and appeal trials, and long years of inauguration. . Incarcerated in Ke Prison (Bac Giang Province), Vinh Quang Prison (Vinh Phuc Province), until his release (November 4, 2013), Chan was imprisoned for more than 10 years, precisely 3,699 days.
“One day in prison – thousand abroad”. In 3,699 of these unfair days, Mr. Chan (and his family, boys and girls) have experienced what a humiliation, his journey of injustice sometimes seemed hopeless. And how did his belief in justice, incredible perseverance on the road to freedom, finally help him escape from prison? We invite you to read the exclusive Dan Viet newspaper series on the unfair case of Nguyen Thanh Chan.
More than 10 years ago, on the afternoon of August 15, 2003, a brutal murder occurred in Me village (Nghia Trung commune, Viet Yen district, Bac Giang province). The victim is Mrs. Nguyen Thi Hoan (SN 1972), a woman who left her husband, the most beautiful in town. The location of the murder was the village bar where the victim sold and lived with her 17-month-old son …
Mr. Nguyen Thanh Chan, famous prisoner for injustice in Bac Giang. (Photo: Dam Duy)
Mrs. Chien, Mr. Chan’s wife, was sitting crying as the PV group talked to her husband. (Photo: Dam Duy)
Take the Hanoi – Bac Giang highway, go to the Dinh Tram industrial zone, then turn left to find the Viet Yen district. On both sides of the street, they were full of Ke Ke pancakes. When asked where many people in the Nghia Trung commune do not know, but asking “Mr. Chan’s village” is enthusiastic.
My town looks as gentle as its rustic name. Levee path, brick wall with rubble, simple village gate with two pillars built from bare red bricks. On the town’s soccer field, several cows graze casually. Right next to the soccer field, there are a few small shops that sell tea, soft drinks, cigarettes, beer, farm supplies, etc. In that row, there is a store for the Hoan victim, today the door is silent.
And the entire store in Mr. Chan’s house. We met Mrs. Pham Thi Vi, Mr. Chan’s mother (born 1942), sitting in a row. The townspeople said that the landscape changed very little, it seems that this traumatic story happened yesterday …
Meet Mr. Chan in an old collapsed house
Chan seemed older and more austere than his age of 53 (he was born in 1961). Slim body, skin now very characteristic of some types locked up for a long time. With watery eyes and a trembling voice, she said: “Before I was arrested I weighed over 60 kg, now only over 50 kg. More headaches, always forget to remember … “The more than 10-year mark of unjust incarceration probably leaves a pretty clear place in it.
The house where Hoan was killed. (Photo: Dam Duy)
And Mr. Nguyen Thanh Chan’s house. (Photo: Dam Duy)
The family’s three-compartment home is lined with small tiles, dirt walls, and dirt. The furniture was very spacious: three rickety beds, a tea closet, a glass mirror with broken glass, taped to it. All accessories were common in rural areas decades ago. On the column of the house hangs a national flag with the name of martyr Nguyen Huu Phan, sacrificed on the Laos battlefield in 1964. Chan is the only son of martyr Nguyen Huu Phan and Ms. Vi.
Mr. Than Van Hoat (the husband and sister of Mr. Chan’s wife, a person who plays a particularly important role in the journey through injustice that we will talk more closely to readers about in subsequent parts of the series) : Before being arrested, thanks to his hard work and business, Chan’s family belonged to the wealthy group in the village: there was a store that sold rice, a rice mill, and a rental carriage in the village. The couple also own two bikes (including a 93-generation Cub 81, an Angel bought for $ 17 million).
Before going into labor, he and his wife had prepared 4,000 bricks to rebuild this house, which Ms. Vi had built since 1976. At that time, the village houses were still covered with many thatched roofs. Flat roofs, 3-4 floors all. 4 thousand bricks that the family had to sell for a long time in 10 years running and complaining about it, but the house is still miserable in that way …
Pouring a cup of light tea water, eyes full of water, Mr. Chan continued to tell us the horrible story of over 10 years ago …
“I am so tired, so hurt, so scared! If I continue to torture like this, I will die … I just hope to finish this as soon as possible in these horrible moments” – said Mr. Nguyen Thanh Chan about the days of use of corporal punishment in the Viet Yen District Police.
Unexpected disaster
On the afternoon of August 15, 2003, Me Village was happier because there was a soccer game. Mr. Chan and his wife’s small store next to the patio were also busier. At around 6pm the game was over, the sky was still bright. When the guests came for a bit, Ms. Chien, Chan’s wife, asked her husband to drink water.
According to Ms. Chien, it was around 6:30 p.m. Mr. Chien took two plastic barrels, tied both sides behind the bicycle, went to the neighborhood to ask Mrs. Vien for water. On the way, he passed by Mrs. Hoan’s house. Retrieving the water, he returned to the store. Then go home to stay in town.
Mr. Nguyen Thanh Chan spoke to journalist Luu Quang Dinh, TBT of the NTNN / Dan Viet Newspaper. (Photo: Dam Duy)
Around 22:00 the same day, the people shouted: “With Hoan he is dead!” The victim’s mother, who lived next door, was the first to arrive on the scene. Here, people found the victim lying on his back on the ground, in a pool of blood. Lots of wounds on the neck, forehead, chest, abdomen, clothes are buttoned, torn, tousled hair … On the floor there are still many footprints, fingerprints, broken bottles of beer bottles … covered in blood. And a sharp, white blade without a handle.
Needless to say, the murder made the peaceful village of Me seem like a stir. Wherever people go, they talk, they ask, they make hypotheses: Who kills? Kill when? Why not Pirates of the? Accidental or revenge? When will the police catch the killer? … The district police investigation teams constantly come to work, determined to solve this case as quickly as possible, restoring peace to the village soon. I Many witnesses were invited to the district to testify.
Inside the spacious house of husband and wife Nguyen Thanh Chan. (Photo: Dam Duy)
When the crime occurred, poor Chan was still very carefree. On the afternoon of August 15, when everyone was yelling “Hoan died,” Ms. Hoan’s family also asked Mr. Chan to call and notify his family members (Mr. Chan’s restaurant has a public phone service). . Late at night, when the police came to work, everyone told Mr. Chan to cook chicken porridge. The next day, Mr. Chan also drove a horse cart to carry the coffin back to Ms. Hoan’s funeral.
On August 30, it was the first time that Mr. Chan received an invitation to work in the Viet Yen District Police. They asked him if he knew anything about Ms. Hoan’s murder. Of course he said he didn’t know. On September 20, he received a subpoena again, this time it was a subpoena. On September 29, the news was like lightning throughout the village: Chan himself killed!
The next day, Ms. Chien, Mr. Chan’s wife, called by the police, read a request, heard a piece of tape written by Mr. Chan himself, and stated that he would confess to killing Ms. Hoan. The police asked: is your husband right? Is your husband’s voice correct? Then go back to the village to bow down, apologize to the injured family, or your husband will be shot! She screamed: No, you are wrong! My husband didn’t kill people! You are wrong!
On May 9, 2014, the Investigation Agency of the Supreme People’s Procuratorate prosecuted the accused, executing an arrest warrant against Mr. Dang The Vinh (Chief of Division 10, People’s Procuratorate of Bac Giang Province) Previously, the prosecutor who accepted the illicit case of Mr. Nguyen Thanh Chan and Mr. Tran Nhat Luat (Lieutenant Colonel, Deputy Chief of Public Security for the Viet Yen District, Bac Giang Province) was originally the primary investigator in this case. . Both defendants were charged and detained for intentionally investigating “falsifying case files” under article 300 of the Penal Code. According to article 300 of the Penal Code, people who knowingly falsify case files can be sentenced to between 1 and 15 years in prison.
9 horrible days of corporal punishment
When we asked, “Why didn’t you kill someone and write a letter of confession on September 29?” Contrary to the usual timid and weak line, Chan’s voice suddenly became fluid. Surely that traumatic “video clip” has rewound deep into his memory over the years:
“On September 20, when I went to the district, the police took my fingerprints many times and then asked them over and over again. At night they returned, the next day it appeared, I met the Nguyen Huu Tan painting, fingerprints and fingerprints, then they hit me very wounded. I cried: I did not kill, where did you take me? Officer Tan said: Allow him to take medication to argue well, he does not know and then he must accept. Since then, officials Nguyen Van Dung, Ngo Dinh Dung, Dao Van Bien, Nguyen Trung Thanh, Tuyen and Tran Nhat Luat have been on duty for 4-5 days and nights with my bow. ”
Mr. Nguyen Thanh Chan: “My mind exploded. They did not allow me to go home, they did not allow me to sleep, they threatened to force me to this or that.”
“There was a small bed in the room, but I couldn’t lie down for a minute. They kicked, beat, wore sandals to hit my ears. My mind exploded. They didn’t allow me to come home. Don’t let me sleep, threatening to force me to do this. or that. As Ngo Dinh Dung officials forced me to hide the knife only where, under the well or in the pond, I told myself I didn’t kill that person. Mr. Law told me to draw a knife, I told him what knife to draw, Mr. Luu told me to give your dead man’s head a hammer now! Officer Nguyen Huu Tan always has a knife in his hand. Threatening me, forcing me to accept … “.
Finally, September 29 arrives. I have never forgotten that moment in my life. With tears in my eyes, I thought about my honest business days, my mother, my wife, my children at home. I know I do this as a death sentence for myself, maybe I will never see my wife and children again. But I have no other choice! I am so tired, so hurt, so scared! If I continue to torture like this, I will die … I just hope that these horrible moments end as soon as possible. So I claimed to have killed people, leaving knives in the closet.
People immediately made me write a confession. That one letter was that the Ngo Dinh Dung staff member read every sentence to me, word for word. So people made me read the form out loud, recorded it. That same afternoon, people sent me to Ke’s camp. There are 4 to 5 cells transferred to the room.
NTNN / Dan Viet group reporter took photos with Mr. Nguyen Thanh Chan and his relatives outside his home. (Photo: Dam Duy)
Once people threw me into the cell with 4-5 “bear heads”, each guy was fat, full of tattoos. A guy named Hong Hien made me “serve him.” And throughout the month, they made me act. They modeled me to act. Repeated over and over again. Crashing like. How to hold Miss Hoan on the floor. On October 30, in Ke’s camp, they reconstructed the scene, forced me to rehearse from start to finish, took photos, videos …
Two trials of Nguyen Thanh Chan prisoners took place in Bac Giang on March 26, 2004 (first instance) and on July 27, 2004 (appeal) attracted many people to attend. After returning the case file, everyone can see that the investigation process as well as the impeachment allegations revealed a number of gaps and deficiencies.
For example, people only rely on Mr. Chan’s statement to convict him (although the law states that it is based not only on the guilty plea at trial but also on the client’s evidence and evidence). other agencies); If the knife handle is found or not, a crime occurs; or the footprint of Chan only “approaches” the footprint of the suspect who leaves the scene; o Many witnesses testified about Mr. Chan’s foreign affairs.
For example, Mr. Food, a man from the same village, confirmed that he went to Chan’s restaurant to ask Mr. Chan to dial the phone number to call 566095; the electronic post office list said the call lasted from 19 hours 5 minutes to 19 hours 20 minutes 31 seconds, which means it coincides with the time Ms. Hoan was killed); o The court said that Chan could not prove every minute between 19:00 and 19:30 where he went, what he did (although there was an important rule that the court had to prove that the citizen was guilty) citizens do not have the obligation to prove their innocence) …
In court, defense attorneys thoroughly analyze these deficiencies and loopholes. In court, Mr. Chan also exclaimed injustice, stating that he had pleaded guilty because he bowed to him by force.
But despite everything, both the trial and appeals concluded: Citizens Nguyen Thanh Chan committed murder, “with acts of aggression, brutality, cruelty, intentionally done to the end.” , but due to the first crime, a good identity, the son of a martyr, “after a period of conviction, he pleaded guilty to pleading guilty, which allowed the bodies conducting the proceeding to finish the case soon,” “alone “The penalty should apply: Loyalty!
Welcome to read Term 2: 10 years in prison, 2 suicide attempts, nicknamed “Received Complaints” at 2pm on 10/5.
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