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Le The Thang
Nguyen Thi Loan, Ho Duy Hai’s mother, cried after the May 8 court ruling
The decision of the council of judges at Judge Ho Duy Hai’s trial session on the afternoon of 8/5 has raised many objections in the online community.
After three business days, the council of judges rejected the new investigation by the Supreme People’s Procuratorate, claiming that Ho Duy Hai was the only murderer who killed and stole the property of two employees of the Cau Voi post office. 12 years ago And that Ho Duy Hai’s death sentence is “founded, legal, unjust”.
On the other hand, public opinion said that the ruling came from the vote of the 17 judges who raised their hands against the people’s expectations, based on an erroneous procedure. The investigators of the investigation admitted.
In addition to the discussion of procedures, the question here is whether Ho Huy Hai’s destination has been completely closed.
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Speaking to the BBC News Vietnamese on this subject on May 9, Ho Chi Minh City attorney Dang Dinh Manh said:
“I think the decision of the Council of Judges of the Supreme People’s Court yesterday was completely unfair and unfair.”
“The case is presented with very unreasonable and overwhelming evidence of conviction that the council still uses to condemn, even, declare the maximum death penalty.”
I sincerely advise the Ho Duy Hai family to remain calm and hopeful, because according to the rules of criminal procedure, there are still doors that must be knocked on. Now is not the time for despair. “And the water still hits.”
BBC:Under the provisions of the law, is there any possibility to appeal against the cassation decision?
Lawyer Dang Dinh Manh: The Code of Criminal Procedure has an article in section 404 that establishes that it is necessary to review the decision of the Council of Judges of the Supreme People’s Court.
The jurisdiction is as follows: the Standing Committee of the National Assembly requests, the Justice Committee of the National Assembly and the Chief of the Supreme People’s Procuratorate to propose to the President of the Supreme Court of the People’s Court.
Consequently, in this case, I believe that the aforementioned authorities should activate article 404 to request the judges of the Supreme People’s Court to reconsider their decision.
BBC: How do you see the possibility of reducing the death penalty for Mr. Nguyen Phu Trong’s Ho Duy Hai?
Lawyer Dang Dinh Manh: As President, Mr. Nguyen Phu Trong has the power to forgive the death penalty and change it to life in prison for Ho Duy Hai.
But in the current form, before deciding on amnesty, the President has often consulted in writing with the Chief of the Supreme People’s Procuratorate and the Chief Justice of the People’s Supreme Court.
Given the current correlation, I think the amnesty is 50/50.
BBC: Even when reduced, this is said to be extremely different from being found innocent or being investigated again. Could you tell me more about this? What does this say about the state of the Vietnamese judiciary?
It is true that asking for help is radically different from being declared innocent. Because being declared innocent means that Ho Duy Hai is not guilty, Hai is released and compensated for the losses.
President Nguyen Phu Trong and the possibility of reducing the death penalty for Ho Duy Hai
The Council of Judges rejected the investigation of the Ho Duy Hai case
Doing so will result in having to consider and prosecute a variety of legal agencies, as well as officials involved in the case so far.
Meanwhile, forgiveness is understood that Ho Duy Hai has admitted that his crimes are unfair and has asked to reduce the punishment.
BBC:After the May 8 trial, what advice would you give the Ho Duy Hai family?
Lawyer Dang Dinh Manh: With the Ho Duy Hai family, I was surprised by the extraordinary struggle of my mother, Ms. Nguyen Thi Loan.
I sincerely advise you to remain calm and hope, because according to the rules of criminal procedure, there are still doors to knock. Now is not the time to despair, “There is still water slapping.”
BBC: Do you have any advice or counsel for the Vietnamese judiciary after this decision?
Lawyer Dang Dinh Manh: With the Vietnamese judiciary, I can only say that: The decision of the council of judges failed to convince the public of legitimacy and legitimacy.
It seems that they have easily reached a death sentence, but they will never consider the total loss of society and the judiciary as a total loss of humanity.
BBC:This case, which public opinion considers that 17 people from the jury determine the fate of a person based on a faulty procedure, says something about the current political and social situation in Vietnam. now? How can it affect public confidence in Vietnam’s government and global assessment?
Lawyer Dang Dinh Manh: I suppose that if the Chief Justice of the Supreme People’s Court does not hold the position of chief party member, and the remaining 16 judges on the council of judges are not party members, the court operates in principle. Regardless, we won’t have a sad decision like the one we made on May 8.
The ambiguity between political and professional roles limits the judge’s independence in making his decisions. The consequences were foreseeable, they were dragging public confidence to the judicial system to the limit.
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Congly.vn
17 judges raised their hands to vote against the investigation by the Supreme People’s Procuratorate on May 8, 2020.
