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From Australia, Professor Carl Thayer said that the Dong Tam case may cause the Vietnamese government to reconsider the standards of operations and tactics of the use of force by police and security personnel.
He also expressed “serious concern” that the trial is not free and fair.
Most importantly, Professor Carl Thayer said that the Communist Party of Vietnam will have to rethink the state’s communication and information strategy, when the Vietnamese media describes people protesting the land as “riots and terrorists.”
GS Carl Thayer: Dong Tam’s trial is scheduled to last ten days and the process so far has raised serious concerns that the trial will not be free and fair.
The three black-faced defendants appeared on national television on January 13 to confess that they possessed gasoline bombs and homemade weapons. Civil society and human rights groups claim that their confessions are under duress. Government officials removed documents such as videos and comments criticizing the police about Le Dinh Kinh’s death from social media.
Both defense attorneys and family members said the police prevented them from seeing the accused. Family members cannot see the court hearing. At least nineteen defendants said they had been beaten by police while in pre-trial detention. Defense attorneys also allege that the prosecutor did not provide evidence prior to the proceeding and that the video of the earlier confession was presented in court to the detriment of his client.
The Dong Tam case is an exceptional case, as it is one of the most intense and prolonged territorial disputes in Vietnam. That dispute ended when 3,000 police and security personnel combined to attack Dong Tam village early in the morning. This provoked a violent reaction from the villagers. However, it appears that current court proceedings will not take into account whether the police are using excessive force as a mitigating factor for the accused.
BBC: In your opinion, what should the Vietnamese government consider when convicting the defendants in this trial? And will the death sentence for some defendants create any public reaction both at home and abroad?
GS Carl Thayer: The trial in Dong Tam was special because three policemen and an elderly man were killed in clashes with villagers on January 9. Three policemen are believed to have been killed in a gas bomb attack. This is a very serious accusation. In addition, the police also charged several defendants with the death of Ms Kinh, while the co-defendants strongly claimed that Le Dinh Kinh was shot by the police.
President Nguyen Phu Trong awarded the Victory Medal to the three policemen who died and Prime Minister Nguyen Xuan Phuc attended the funeral.
On June 25, the Hanoi People’s Prosecutor’s Office indicted 29 people for their role in the violent clash on January 9. Three were charged with murder, twenty-two were charged with committing murder, while the remaining four were charged with obstructing the police in their duties.
Often, in notable cases, the Vietnamese judicial system provides some degree of leniency to defendants who plead guilty. It also handed down harsh sentences to some of those considered the most accused and handed down a series of lighter sentences for the other defendants. Dong Tam’s trial reflects this trend.
On September 8, 11 defendants confessed in court to their participation in violent protests. Four of the defendants accused of obstructing the police pleaded guilty, expressed regret and asked for forgiveness. Three other defendants admitted stoning, petrol bombs and firing fireworks at the police, while four other defendants admitted violent behavior and asked for forgiveness.
On September 9, the third day of the trial, the prosecutor recommended the death penalty for two of the defendants for the murder of three policemen and a third defendant sentenced to life imprisonment. Prosecutors also asked other defendants to face prison terms of between eighteen months and eighteen years.
BBC: According to him, this case will affect how land disputes Future, vWell, how does it affect people’s perception of the Vietnamese government? through the death of old Le Dinh Kinh?
GS Carl Thayer: The Communist Party of Vietnam has always been very concerned about land protests as they can undermine the legitimacy of the government, especially at the local level. Dong Tam’s case will lead to increased surveillance and top-down control as protests over land begin to erupt. The Dong Tam case may also cause the government to reconsider the standards of operating procedures and tactics of the use of force by police and security personnel.
In addition, the Communist Party of Vietnam will have to reconsider the state’s communication and information strategy. Protesters for the land who have been protesting for the land have been described in the Vietnamese media as “rioters and terrorists.”
Assassinated 84-year-old Le Dinh Kinh, a retired local civil servant, led land protests in 2017. Due to her position in the village, Kinh has become a famous area advocate for people in danger who feel cheated by losing lands they consider theirs. Initially, local officials announced that Mr. Kinh died at her home on January 9 with a grenade in her hand. However, a circulating video, shown by Ms. Kinh’s family and friends, shows that she has bullet marks on her body. Subsequently, the local authorities charged Mr. Kinh’s son and her two nephews with murder.
Vietnamese people familiar with the news know that local authorities often provoke land protests for financial gain. Unless local officials are reprimanded or punished for these actions, Vietnam’s elites will become increasingly cynical and scoff at the honesty of their official news and media agencies. water in development reports.
