Connect with us

Death Penalty

Wrongfully Convicted Ho Duy Hai Languishes on Death Row

Published

on

Ms. Nguyen Thi Loan, death-row inmate Ho Duy Hai's mother petitioned again for his innocence in December 2017. Photo credits: Unknown social media source.

During these last days of 2017, be it rain or shine, people in Ha Noi, Vietnam, could often spot a frail, weary middle-aged woman holding up a sign “Do Not Kill My Innocent Son, Ho Duy Hai” near the government’s headquarters.

She is death-row inmate Ho Duy Hai’s mother, Nguyen Thi Loan.

Since Hai’s conviction in 2008, Ms. Loan has begun her own crusade to petition for his release. In the past few years, she especially traveled more often to Ha Noi where the central government is located to raise awareness of Hai’s case because time might be running out for him.

Ho Duy Hai’s execution was halted once in December 2014 due to public outcry, but recently, local authorities had expressed their impatience for having to continue keeping him on death row.

On December 7, 2017, at a meeting of the People’s Committee of Long An Province, Dinh Van Sang – Prosecutorial General of the People’s Procuracy of Long An Province had suggested that the execution of Ho Duy Hai should be carried out as soon as possible because “the imprisonment of this kind (of prisoners) would be too burdensome (for the government).”

Ho Duy Hai and his sister in a family picture. Photo credits: Kienthuc.net.

It often goes without exception in the majority of jurisdiction, that one shall not be convicted based solely on his or her confessions.

The criminal law principle of corpus delicti requires a higher burden of evidence from the prosecution and provides that a defendant’s confession – on its own – is not enough for a conviction.

Having credible physical evidence from the prosecution then becomes the determining factor in convincing a jury or a judge, that the government has satisfied the burden of proof and that they have proved the defendant was, in fact, guilty of the crime charged.

Vietnam follows this general rule in prosecuting criminal cases.

Yet, such a rule only exists in law books and legal codes.

In practice, people not only got convicted solely on their confessions but very often, they confessed because they were beaten and tortured by the investigating officers.

Ho Duy Hai was one of them.

In March 2008, Hai – a then 23-year-old recent graduate from Long An Province located in the Mekong Delta south of Sai Gon – was arrested, charged and convicted of double homicide and sentenced to death.

The only evidence used to convict him was practically his confession, which he later recanted and revealed that he was forced to confess by the police during his detention.

The prosecution not only did not offer any credible physical evidence, they even committed basic prosecutorial mistakes.

The time of death was never established for the two victims, making it impossible for the defendant to come up with an alibi.

The murder weapons were “lost” by the forensic team and other items were later “purchased” a local market by witnesses who vouched for their similarities if compared to the real ones.

None of the fingerprints found at the crime scene matched Ho Duy Hai’s.

A special team of legal experts set up by the Vietnamese National Assembly and led by the current Commissioner of the National Assembly’s Judiciary Committee – Le Thi Nga – visited Hai in the end of December 2014 after his family successfully used social media campaign to halt his execution (which was set to be carried out earlier that month).

The report signed by Ms. Le Thi Nga in February 2015, found that Hai’s case was riddled with irregularities and prosecutorial mistakes and that the prosecution did not present sufficient evidence to support a conviction. It also called for a trial of cassation for Hai.

2018 will be three years since the government’s legal experts concluded that Hai’s case deserved a review and ten years since Hai’s life as a free man ceased to exist, yet it seems as if the legal obstacles have stacked even higher against him.

Hai remains in prison, his youthful years waste away with each day spent on death row.

With the assistance of a local artist, Thinh Nguyen, Ms. Loan and other parents of wrongfully convicted death-row inmates appeared in several video clips to raise public awareness on the reality of forced confessions and prosecutorial irregularities in Vietnam’s criminal cases.

And even though the videos are well-received, it seems as if these efforts are to no avail, at least for the time being.

His mother has also written thousands of petitions pleading the government to not kill her innocent son, and she would talk to anyone – be it the personnel from foreign embassies or just about any passerby on the streets – whoever would spare a few minutes listening to her telling the story of Hai’s wrongful conviction.

Her hope is that one day, not only the people will stop and listen to her, but so will government officials and that they will take up Hai’s case and declare him a free man.

Death Penalty

Five Facts About Vietnam’s Death Sentences and Executions in 2018

Published

on

By

The death penalty in Vietnam is classified as “state secret,” but from time to time, bits and pieces of information from the government do surface, giving the public some glimpses on the statistics and the details of the practice in the country. Amnesty International previously reported that Vietnam was among the top Five recorded executors in the world in 2016. The worrying trend continues well into 2018.

1. Vietnam sentenced more people to death in 2018 compares to 2017 and executed people, on average, every week

On November 13, 2018, the government reported to the National Assembly the status of sentence implementation in the year 2018 and stated that there was a “dramatic increase from 2017, with 122 more (cases)”. The government’s report also confirmed that 85 executions took place in the country this year which means that on average, Vietnam executed at least one person per week.

Although Vietnam had reduced the number of offenses subjected to the death penalty in the past decade, eliminating a total of 15 offenses which carry capital punishment, the number of people sentenced to death actually doubled during the same time period. There were 1,134 inmates sentenced to death between July 1, 2011, and June 30, 2016, according to the Ministry of Public Security’s Report on executions carried out in the previous five years dated January 4, 2017.

2. The name of the lethal drugs used for executions in Vietnam is still UNKNOWN

The method of execution in the country was changed from the firing squad to lethal injection in September 2011 when the government issued Decree 82/2011/NĐ-CP (link in Vietnamese). However, in 2013, Decree 47/2013/NĐ-CP (link in Vietnamese) was issued and effectively taking out the names of the lethal drugs previously stated in Decree 82 because Vietnam could not import them from the European Union due to an export ban.

The government, since then, has stopped providing the names of the drugs and how they are being used in executions although Vietnam has accepted the recommendations from New Zealand and Switzerland during its last Universal Periodic Review (UPR) cycle in 2014 to be more transparent on the death penalty issue.

3. The right to a fair trial is severely infringed with no effective legal representation

On August 28, 2018, the People’s Court in Ho Chi Minh City sentenced a 34-year-old South African man to death for drug trafficking. According to the indictment, in early June 2016, Tyron Coetzee was arrested at Tan Son Nhat International Airport in Ho Chi Minh city after the authorities found 1.46 kilogram of cocaine in his bag. The state assigned Coetzee an attorney, but the person did not speak English and could only meet with him once, on the day of his trial.

Testimonies from other families of death row inmates repeatedly stated that their attorneys often faced with obstacles when trying to meet with the prisoners.

In the case of farmer Dang Van Hien, both the trial and appellate courts failed to apply possible mitigating factors for extenuating circumstances, effectively affirming his death sentence in July 2018.

4. The UN Committee Against Torture (UN-CAT) raised concerns over the mistreatment of prisoners on death row in its initial report on Vietnam in 2018

In particular, the CAT Committee is concerned about the “reports of the physical and psychological suffering of persons sentenced to the death penalty as a result of their particularly harsh conditions of detention that may amount to torture or ill-treatment, including solitary confinement in unventilated cells; inadequate food and drink; being shackled round-the-clock; being subjected to physical abuse; and who often commit suicide and develop psychological disorders as a result.”

The Committee recommended that Vietnam allows visits of death-row inmates by international organizations, especially the International Committee of the Red Cross so that conditions of detention centers could be independently observed and monitored.

5. Vietnam continues to violate Article 6 of the International Covenant on Civil and Political Rights (ICCPR)

Vietnam currently imposed the death penalty on 18 offenses with more than half of them being non-violent crimes and drug-related offenses.

Article 6(2) of the ICCPR – which Vietnam has been a party since 1982 – states: “In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes.”

There are, however, at least four offenses in the 2015 amended Penal CodeCode carrying the death penalty in direct violation of Article 6 of the ICCPR:

  • Attempting to overthrow the people’s administration (Article 109)
  • Espionage (Article 110)
  • Embezzling property (Article 353)
  • Receiving bribes (Article 354)

Article 109 is the new version of Article 79 in the 1999 Penal Code, which has often been used against political dissident in the country, including entrepreneur Tran Huynh Duy Thuc and attorney Nguyen Van Dai.

Continue Reading

Trending