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Image source, STR / Getty
Hanoi government police officers on their release day in Dong Tam, Hanoi, 2017
The defendant’s lawyer requested the collection of the 419A plan related to the campaign carried out by the police in Dong Tam, which killed three policemen and Mr. Le Dinh Kinh.
Faced with this request, lawyer Nguyen Hong Bach, defender of the rights and interests of the victim, objected, arguing that the plan to guarantee security and order is a top secret document.
So the absence of the court to not compile this document to clarify the campaign and the circumstances that led to the death of three policemen, while proposing two death sentences, is fair to the accused. ?
The deciding factor of the trial
Plan 419A is believed to be a plan to attack Hoanh Village, Dong Tam Commune on the morning of January 9, 2020, drawn up by the Hanoi Police and approved by the Ministry of Public Security.
During the attack, three policemen and soldiers were killed along with Le Dinh Kinh, a resident of Dong Tam commune. The trial of first instance is being carried out in Hanoi to hear 29 defendants related to this fact on charges of murder and executor of public service.
In this regard, lawyer Le Van Luan said on his personal page:
Returning to the issue of public function. This is a mandatory basis for prosecuting the crime Against the executor of the public service under article 330 of the Penal Code. And this law establishes that public service must be legal. In that case, the case file clearly contained Plan No. 419a / KH-PV01-PV02-MP, which was planned by the Hanoi Police and approved by the Ministry of Public Security, and this document is a particularly important document for confirm. What is the correct definition of public service?
“Even so, the Hanoi police representative who appeared at the trial as another participant in the process was not questioned and was deemed the unit invited to attend the trial. And of course, Ke This 419th plan will remain on record. of many different levels and branches, but it will not be present in the case file. The document is a written response to the Hanoi police plan is only a document Therefore, it is not valuable to compare it with the original plan containing your content, “wrote Mr. Luan.
When it comes to the 419A plan in court, the defendant’s attorney “accidentally” revealed that it was a “top secret” document.
Ho Chi Minh City lawyer Dinh Hong Hanh also shared with Vietnamese BBC News that if he is faithful to the revelations in court, this is a project under the state plan. Ms. Hanh said:
“I need to clarify, the request to disclose the content of the 419A plan that the victim’s lawyer accidentally disclosed in court is a top secret document, because if the agency, the police regiment implements the plan. Secrecy is at a higher level than the Hanoi CSDT, the Hanoi CSDT is in a lower position in a project carried out by a superior force in the industry, which has caused inequality of power. and violating the execution order. “
“Second, if the public plan will be carried out directly by the Hanoi security and counterintelligence agencies, then this is the agency that caused the incident, but also the investigative police agency. It will create ambiguity and conflict of interest. “said Ms. Hanh.
Image source, Reuters
In this regard, lawyer Phung Thanh Son, director of Law World Limited Company, Ho Chi Minh City Bar Association, told Vietnamese BBC News:
“Document 419A is an important document because it affects the charges of the defendants. If it is issued against the law or is actually carrying out unplanned operations, then clearly it cannot be said to be enforceable.” public service “.
Why is this an important point? According to lawyer Son, if the attack on the morning of January 9 was not on duty, it is impossible to say that the defendants were against the person on duty.
“At that time, either the conduct of the accused could be justified in the defense or exceed the justifiable defense or be assassinated in a state of great agitation. In this case, the punishment is given to the accused. Le Dinh Cong and Le Dinh Chuc do not exceed 7 years in prison, if they actually commit the acts and consequences indicated in the accusation “, analyzed Mr. Son.
Needs to be public
The reason the “top secret documents” do not make the 419A plan public is a bottleneck to the case. In the opinion of the experts, this creates the risk that the sentence will be judged unfairly and transparently; create injustice, false convictions for the accused.
One of the things that can be clarified if the content of the 419A plan is published is the relationship between the unit that deployed the attack in Hoanh village and the Hanoi Investigative Police, where the investigation of the case is being carried out. .
“First of all, it is necessary to clarify whether in the original plan, there are tools that allow attacking people at times other than office hours, not in a particularly dangerous situation that could threaten the security of the commune. National order or association. You must review the origin of the case is document 419A “.
Image source, STR / Getty Images
Police officers emerged from the longhouse in Dong Tam Commune, My Duc District, Hanoi on April 22, 2017, after villagers took them hostage in a land dispute with the government.
Facebooker Hai Bui Hong commented on his personal page:
“Although we have not read the specific content of the plan 419A / KH – PV01 – PV02 – MP, but what is revealed in court and the documents in the indictment show, which allows the use of the special army regiment. Night assault to people’s homes without a court order, or any criminal act.
” A black and white paper model will not disappear at all. It has been an ongoing legal challenge for the people who signed and organized it. “
On his personal Facebook page, Dr. Ho Hai asked:
“Lawyers defending Dong Tam’s defendants asked the court to mention the top-secret 419A plan, but they disagreed. So what is the 419A plan, who owns the case, who signs the warrant? top secret?”.
Image source, The screenshot
Speaking to the BBC, lawyer Phung Thanh Son assessed:
“Depending on what is in the 419a document, whether professional content is mentioned or not. Otherwise, it should not be considered confidential. Even if the 419A document is a written document. It doesn’t matter what the confidentiality is, but it is a document important that determines the nature of the case, is considered evidence of the case, the court must collect and put in the case file.
Once there is evidence, the attorney has access. By accessing document 419A, attorneys are required to maintain the confidentiality of this document in accordance with the law, ”Son said.
Discussing with the BBC, attorney Hanh added:
“As such, the key is to clarify the 419A plan to identify the scope, the subject and under what circumstances they are attacked when determining a terrorist act. Leaving at 3 a.m., not at the time of the dispute, cannot be considered a terrorist act. And you must consider whether the 3 policemen died as an act of murder and against the person on duty or not. “
“The documents, each step related to this case that are considered state secrets do not guarantee transparency in the trial. Because the parties involved and the people cannot access and this is beneficial. I think it is important in this case to make the 419 A plan public. Second, the court must accept additional experimental research and return the research records. right from the start, “suggested Ms. Hanh.
Legal experts also said that if the documents and every step related to this case are considered state secrets, it does not guarantee transparency in the trial. Because it cannot be accessed by the parties involved and the public, this is a great advantage of police investigation and prosecutors.
