Dong Tam Department: Why not investigate?

Dong Tam’s 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.

At the hearing on the morning of September 10, lawyer Nguyen Hong Bach was assassinated, who defended the rights and interests of the three policemen, opposing the proposal of an experimental investigation of the case because it will bring pain and loss for the family. family damage.

This opinion from Attorney Bach faced many objections from defense attorneys in the Dong Tam case, attorneys who observed the case, and public opinion.

Dr Nguyen Thanh Binh, former head of the Judicial Academy’s Department of Judges, Lawyers and Titles, told BBC News Vietnamese that field experiments are of utmost importance. .

“This activity helps to clarify the truth objectively details, documents, evidence … as a basis for solving the case with the right person, the correct crime according to the law,” Mr. speak.

Okay, Ho Chi Minh City lawyer Dinh Hong Hanh shared with Vietnamese BBC News:

“The experimental investigation also helps to clarify the mechanism of wound formation. In the Dong Tam case, the prosecution recorded that the defendants first used a knife to throw pigs and then poured gas. The experimental investigation will help clarify the issues. “. subject, for example, when autopsy was performed, was the stab wound punctured or just burned? Does the formation of the wound coincide with the testimony of the accused or the accused? “.

In response to the BBC, lawyer Phung Thanh Son said that, in accordance with Article 204 of the Annual Criminal Procedure Code (CPC), in order to verify and verify documents and details that are significant for the resolution of the case, the agencies Investigators may experiment with investigations by reconstructing the scene, recreating the behavior, situation, or other circumstances of a given event, and carrying out the necessary experimental activities.

“Therefore, whether to carry out an experimental investigation or not is due to the subjective decision of the investigating agency. The investigating agency has the absolute right to reject the investigation, unless that request comes from the Prosecutor’s Office or court,” the lawyer analyzed They are.

However, Mr. Son emphasized: “Although experimental research is not specified as a mandatory procedure, once legalized in the CPC, it must have an important meaning in determining the crime. If the experimental investigation procedure is not important and does not make sense to prove a crime, the CPC does not prescribe what to do. “

The Dong Tam case is highly controversial about the circumstances that led to the deaths of four people, including Mr. Le Dinh Kinh and three policemen. The conditions of the burning of gasoline, the burning power of the fire for the human body and the objects in the sky where the victims died … also had controversial details. Therefore, it is required to investigate the investigation as judged by the lawyers as reasonable, legitimate and necessary.

Consequently, lawyer Son said: “If it is possible to reproduce the facts described in the indictment and its results are the same as the conclusion of the investigation, the prosecution establishes the cause of death of the three wars.” If the accusation cannot be replicated or the experimental results are not as accurate as the investigation findings, it is clear that the investigation conclusion and the indictment are problematic. “

However, the request of the defendants’ lawyers regarding the experimental investigation has so far not been approved.

One thing that can be seen is that the research experiment is quite common in Vietnam. For example, in the case of the murder of a student who delivered chickens last year, the Dien Bien Province Investigative Police cooperated with the Prosecutor’s Office to organize an experimental investigation on July 16, 2019. In this way, the points in question in the case have further grounds for clarification.

The Nguoi Lao newspaper quoted lawyer Bach speaking at the trial on September 10 that the fact that some of the defendants’ lawyers raised experimental investigative problems caused him to feel pain.

“Can we reconstruct the scene of such a brutal murder? Who dares to enter that hole, let someone else refuel?” Stated lawyer Bach.

Speaking to the BBC on September 10, defense attorney Le Van Hoa said:

“When we proposed the experimental research, attorney Bach said that he dared to lead people to experiment with the research. In fact, one can bring animals or do simulations, it does not force to bring people to reality. experience in hazardous conditions “.

Lawyer Dinh Hong Hanh shared: “Experimental research is a measure that is carried out through experiments, special experiments under the same conditions in which the behavior occurred. That is, experiments are included. Not just recreating, re- At trial, the defense attorney said it was completely wrong to put someone in the hole and burn gasoline when the experimental investigation was completely wrong.

Attorney Phung Thanh Son also said that the experimental investigation in this case is not too difficult. “Live animals weighing the equivalent of the weight of dead mobile police soldiers can be put into the well, put on a fire protection vest, or use a robot to pour the correct amount of gasoline into the skylight. With the movements and times described in the accusation … and comparing the experimental results of the investigation with the consequences indicated in the accusation ”, he added.

In fact, one can investigate experimentally with mannequins or simulated methods on a computer, not necessarily with “real people.”

Another controversial point is the argument of the defendant’s lawyer that the experimental investigation “will cause pain.”

On his personal Facebook, attorney Ha Huy Son, advocate for Ms. Bui Thi Noi and Mr. Bui Viet Hieu, commented:

“If the experimental investigation increases the pain of the relatives of the victims, then an unjust, incorrect sentence will have 2 death sentences and dozens of people will be sentenced to a total of 100 years in prison. Which is not? Justice, here’s the conscience. “

Lawyer Dinh Hong Hanh also shared: “The experimental investigation generally takes place before the trial session. During this period, lawyers have the right and obligation to engage in activities to clarify the case and do not have the right to reject the investigation in accordance with due process to clarify the objective truth. ”

“The allegation of the experimental investigation is that an act of a barbaric nature is not reasonable, it does not fall within the rights and obligations of the lawyer. The lawyer does not have the right to reject a request for a field experiment or to propose. It is recommended not to test the field for no reason, “he added.

According to attorney Hanh, an experimental investigation will take place when 1) this is an incident that requires an empirical investigation of the scene and 2) when there is no consensus at the resolution hearing. the case between the investigative police agency and the prosecution of the same level.

Ms. Hanh said, “In Dong Tam’s case, the case was probably settled early on between the investigating police agency and the prosecution. In the industry, the case is called too light, although there are no regulations. how is it too obvious. “

In addition, in the detention and detention process, the accused are not allowed access to lawyers, including interrogation sessions, so if the accused do not request an experimental investigation, it is not valid and transparent. Because clearly, they do not know the rights and obligations to protect their interests, ”added Ms. Hanh.

In particular, lawyer Hanh said that during the trial in the trial court, the defendant’s lawyer revealed that the 419A plan was top secret. According to her, this may affect experimental research.

“If it belongs to state secrets or other related parties, perhaps the state does not want to reveal information and does not want to experiment with the investigation,” Hanh added.

Dr. Nguyen Thanh Binh explained that the failure to carry out an experimental investigation is due to the fact that the authorities “affirm that the details, documents and evidence are sufficiently substantiated and substantiated for the conviction, therefore they did not carry out the investigation. field trial “.

Binh added: “Personally, if the authorities carry out an experimental investigation to clarify more about the acts of murder of the accused, clarify the impact of tools and tools, weapons … lead to the death of the police, the level of persuasion will be greater, making people more trustworthy ”.