[ad_1]
Image copyright
Nguyen Thi Loan
Ho Duy Hai on trial
The deputies of the National Assembly proposed the Standing Committee of the National Assembly of Vietnam “in” to the supreme supervision of the Ho Duy Hai case, according to official media on 11/5/2020.
The Council of Judges rejected the investigation of the Ho Duy Hai case
President Nguyen Phu Trong and the possibility of reducing the death penalty for Ho Duy Hai
Le Thanh Van, a member of the National Assembly of Ca Mau province, made a direct request to the President of the National Assembly, Nguyen Thi Kim Ngan, as indicated above, the Dan Tri newspaper reported Monday.
“When the case has so many violated procedures, it is very necessary to be investigated again,” Dan Tri quoted Mr. Van as saying.
The deputy of the National Assembly proposed considering and applying the provisions of Article 404 of the Code of Criminal Procedure on requests, petitions and proposals to review the decisions of the Council of Judges of the Supreme People’s Court.
‘There is no wrong nature’
On May 12, a member of senior management of the Supreme People’s Court was quoted by the state press at a press conference the same day, further confirming the Court’s position on the decision of the Supreme People’s Court. Cassation, saying that despite the “error”, the “nature” of the crime in the relevant case, the defendant Ho Duy Hai has not changed.
“We all see that prosecuting agencies have mistakes. For example, not timely retrieving cutting boards, knives as evidence is a mistake,” said Vice President of the Supreme People’s Court, Mr. Nguyen. Tri Tue, told by the online newspaper VietnamNet.
However, in considering and comparing with other testimonies and evidence to consolidate, the Council of Judges found that the nature of the matter here is the crime of murder and robbery of Ho Duy Hai. It does not change. Therefore, there is a mistake, but this error does not change the nature of the case. “
Regarding the composition of the Presiding Judge in a cassation case and the role of the President after the cassation review, the Vice President of the Supreme People’s Court said:
“This is a very serious case, because protests by the Prosecutor’s Office for many years, naturally, public opinion must be judged by the plenary council, which presides over the President of the Supreme Court as prescribed by law.
“… The President’s decision is the final decision in the process of the process. After the President’s decision, the procedural bodies are not allowed to carry out any act other than execution. That is the rule of law.
“In this case, the opinion of the President of the State is required to change that decision before other legal procedures can be taken.”
Image copyright
Thang The Le
Ms. Nguyen Thi Loan, mother of Ho Duy Hai, was not allowed to attend the cassation session on 6/5. She has been seeking justice for her son for the past 12 years.
The bottom line?
The Ho Duy Hai case and the cassation session attracted the attention of many sexes, including lawyers and MPs from the National Assembly.
On May 7, the Thanh inspection newspaper reported the views of the Vietnamese National Assembly deputy, lawyer Truong Trong Nghia on the case:
“There are mistakes that need to be corrected, because if they are wrong but not corrected, it is the distortion of the judiciary … the most critical issue in the Ho Duy Hai case is evidence.”
“A very basic principle of the criminal law of every civilized nation is to have sufficient evidence to charge him. Our Constitution, our Penal Code, too.
The newspaper quoted deputies from the National Assembly, Deputy Head of the Popular Committee of the National Assembly, Luu Binh Pyong, said there were cases of “coverage” that the court could not detect.
“The research process, the process of making records, people have also done” round “, even finding ways to” cover “already …
“When I was a lawyer, I defended, I wrote sentences like a broken heart, very sad. Interests were violated, crimes were abandoned, of course, people still have to complain,” Mr. Pyong said: “The Thanh inspection newspaper quoted Mr. Luu Binh Pyong.
On May 12, the Vietnamese press also reported to Truong Trong Nghia, a member of the Vietnamese National Assembly, saying that “he will bring the Ho Duy Hai case to the Standing Committee of the National Assembly.”
“By law, the Standing Committee of the National Assembly can have opinions with the Supreme People’s Court or can propose to the National Assembly to oversee the supreme trial of the Ho Duy Hai case trial. The matter will be decided by the National Assembly,” said the delegate of the National Assembly, Truong Trong Nghia, quoted by Tien Phong Online.
‘Historical’
Recently, from the Institute of Policy, Law and Development, under the Vietnam Union of Science and Technology Associations (Vusta), lawyer and lawyer Hoang Ngoc Giao, the Director told the BBC about the case. Sentences after cassation decisions:
“Not to mention that it is international, but in the heart of the Vietnamese people, the Vietnamese public will be very disappointed and will no longer believe in this Vietnam judicial justice.
“That increases the level of people’s trust, but so far, in my opinion, the belief of the Vietnamese people in justice, justice has also been greatly reduced due to the phenomenon of wrongful conviction. A lot of.
“And many cases on the judicial side, the court, and even the prosecution have to stand out to apologize to those wrongfully wrong.”
“So it can be said that this is a historical case about the seriousness and irregularity of judicial justice has been violated.”
“I believe that this Ho Duy Hai case will go down in history with very negative consequences and a very negative impression on the history of the judicial future.”
“As for the international, this is even more. For the world, like this, Vietnam always says that it builds a rule of law state, adding the word ‘The rule of law is the socialist owner. Middle’.
“So this time the superiority of this ‘socialist rule of law’ is questioned. Why and how superior is a case, a life, unknown for reasons What, that such a severe death sentence was imposed on such a young man , without any convincing evidence, as well as fair, as well as satisfactory and objectionable investigation. Correct the true nature of objective truth?
“So this is clearly very influential, I can say it as a ‘stain’ in the history of the Vietnamese judicial system,” lawyer and attorney Hoang Ngoc Giao told the BBC on the corner. Your personal opinions.
In a related development, on May 10, Tuoi Tre Online reported that the mother of the accused, the death row inmate Ho Duy Hai, Ms. Nguyen Thi Loan, submitted a request to the Chairman of the Judicial Committee of the National Assembly .
“In the recently filed request, the mother of the convicted Ho Duy Hai urged the Chairman of the Judicial Committee to report to the Standing Committee of the National Assembly in the hope that the decision of the Council of Judges of the Supreme People’s Court will be revised,” said a newspaper belonging to Ho Chi Minh City Youth Union.
