What is the political and social impact of Dong Tam’s trial?

Dong Tam’s first instance trial in Vietnam has just ended with two death sentences handed down and many other possibly severe sentences for many of the “early case” defendants which have undoubtedly created many shocks and influences. Negative political, psychological and social conditions in the country and may affect external relations, the two comments told BBC News in Vietnamese on September 15, 2020.

From Hanoi and Saigon, three Vietnamese political and current affairs observers, economist Bui Kien Thanh, Dr. Ha Hoang Hop, Visiting Principal Investigator of the Institute for Southeast Asian Studies (Iseas). , Singapore) and Associate Professor Mac Van Trang (psychologist) first gave their general comments on Dong Tam’s trial and the trial, the court ruling.

Dr. Ha Hoang Hop: I saw another “pocket” sentence, unenforceable justice for the four deaths: for the three “charred” dead policemen and for Mr. Le Dinh Kinh, shot by the police. The case is the latest tragedy of land law enforcement based on arbitrary “public property”, corruption. The arbitrary trial, not complying with the 2015 criminal procedure law, has deprived the right to a fair and public trial of the accused and victims. The trial is a form of violent repression.

Associate Professor Mac Van Trang: I can say right away that the recent trial of the Hanoi People’s Court concentric case is typical of crimes: it is an investigation without evidence of murder. , how to burn the corpse, there is no field experiment etc … accusation and conviction based solely on the testimony of the accused, that is, the arch is more than the serious weight etc … but in the palace there have been many cases criminal wrongful murder such as the cases of Nguyen Thanh Chan, Huynh Van Nen …

Second, the Court also violated a series of laws and complaints, which just in the opening session 10 lawyers asked the judge to handle. But everyone ignores it. The trial of 29 people, including 25 people, was charged with “murder”, but it proceeded very quickly and with humor. So the impeachment and conviction are not credible enough, they are not valid.

Economist Bui Kien Thanh: From a local criminal case, the trial turned the case into a conflict between the state and the peasants, and highlighted the unjust nature of disputes over land sovereignty across the country. Between state agencies, land will be “granted” and people will “steal” land. The consequences of this incident will be widespread and will likely lead to an insecure society.

Furthermore, the case also highlights the weak nature of the Vietnamese judicial system. On the first day of the trial on September 7, defense attorneys filed a complaint because the trial contained serious procedural violations, but it did not attract the attention of the Court.

The case still has a lot of controversy surrounding the deaths of three policemen. However, the investigating agency has not investigated to help clarify the problem. How were 3 soldiers and police shot dead? Was it because the teammates shot badly? There is still a lot of controversy surrounding the deaths of three policemen. However, the investigating agency has not investigated to help clarify the problem.

Given the above events, the trials and sentences handed down make observers think of the “People’s Courts” of the Stalin era.

It should also be noted that when the land dispute in Dong Tam reached its climax, the culmination of the villagers in Dong Tam took dozens of policemen hostage on April 16, 2017, Chairman of the People’s Committee of the City. Hanoi Nguyen Duc Chung went directly to Dong Tam to talk to people. In a direct conversation on April 22, Mr. Chung handed over a handwritten document, promising not to prosecute Dong Tam people for criminal responsibility. The prosecution also clearly stated that the plan to attack Dong Tam was presented by the Hanoi police, proposed, the Hanoi People’s Committee approved the policy, approved the Ministry of Public Security. Clearly, the government did not respect the state’s commitment.

BBC: After this trial, can the public, individuals, officials, party members and other stakeholders ask questions or ask what problems? If so, what?

Mr. Ha Hoang Hop: This is a judgment that defies public opinion and common sense. All people of conscience demand justice, the rule of law and equity.

Mr. Mac Van Trang: After the trial, the people dispersed. Many people are pessimistic, sad, stagnant. But many people believe that the trial speaks to the nature of the socialist justice system in Vietnam. And that is the basis of change. The main problem after the trial in the first instance was to re-investigate with sufficient evidence and prove the scene of the burning of three policemen refueling. If the scene is not proven, it is impossible to accuse the villagers of pouring gasoline to kill the policemen in the well.

Mr. Bui Kien Thanh: People who are watching will wonder where justice will go to Vietnam. How will Vietnam’s human rights develop? Will the people, cadres and party members follow like “the boat council, share rice and clothes” or will they become rivals, who have the right to continue to persecute people? If the situation is not corrected, starting from individual cases, it will turn into a conflict between the people and the state, with unpredictable consequences.

BBC: What major psychological, social, legal, political and even external impact can this judgment create or cause for the government and state of Vietnam?

Mr. Ha Hoang Hop: In my opinion, the verdict on the afternoon of September 14, 2020, of Dong Tam’s trial trial, left a deep sharing in Vietnamese society, further emphasizing the need for comprehensive social reform in Vietnam.

Mr. Mac Van Trang: I believe that this trial strongly influenced people’s trust in justice and the regime in general. International is also looking at this trial to see what government is.

Mr. Bui Kien Thanh: Through this session of the Court, people feel that the state and the government do not protect for justice, legal and civil rights, but are only concerned with strengthening the power of state organizations, even disguising evidence to conclude. Innocent people, because they are too upset, take actions that the state considers against, “reactionary.” Observers of politics and human rights will have more “evidence” to assess the “authoritarian” nature of the Vietnamese state, which has not yet emerged from the “dictatorship of the proletariat” thinking of building a “House”. France “.

BBC: How is this audience in the panorama of the internal political situation of the government, the state and the ruling party today, especially while the Communist Party intends to hold the XIII Congress?

Mr. Ha Hoang Hop: The arbitrary repression of violence is the mistake of any government that uses this arbitrary tool of repression. A nation can only be strong when there is little or no internal division.

Mr. Mac Van Trang: From the land policy of having “all people” owned by the “unified” state, then the no-deception interest groups that led to the brutal bloody raid on Dong Tam was a huge mistake. serious government of the ruling world. Clarifying this case, in my opinion, will confuse, will affect many members of the 13th congress of the party.

Mr. Bui Kien Thanh: In my opinion, this will be an alarming wake-up call that will awaken the righteous and progressive leaders of the Vietnamese state to reflect on themselves, with a firm stance and the will to serve the people. country. Also at that time, the leaders of the Communist Party of Vietnam asserted themselves as pioneers, reinforcing the spirit of “just will and free will”, eliminating “plagues” and resolutely discarding the fruits of the “apple”. rotten “outside the ranks of Party members, preserving reputation, not letting” the worm tip over the pot of soup “to the point of being abandoned by the people.

BBC: Finally, through this case, the party and the state, should the government reform or reform something in terms of lines, policies, laws, judiciary, rule of law and institutions, diplomatic?

Mr. Mac Van Trang: I think the government will definitely have to be more cautious in other cases. But there is no hope that they will change the judiciary while they remain totalitarian, not isolationist, freedom of the press and civil society.

Mr. Ha Hoang Hop: Sooner or later, a comprehensive reform of Vietnam must also occur, bringing this country to justice, democracy and civilization. This is a statement, not advice to the authorities!

Mr. Bui Kien Thanh: The policy of the Communist Party of Vietnam is to build “The Rule of Law of the people, by the people and for the people.” A regime of “Democracy, Justice, Van Minh”. In my opinion, the necessary steps would have to go to a state of “Three Separation Rights”, the Legislative Branch not interfering with the Executive Branch, and the Judicial Branch not being “led” by the other two branches. The country belongs to the people, not to a party, no party has the right to “direct” the Constitution or state bodies. That is the basic principle of a democratic regime, of a state of “rule of law”.