In the afternoon of July 2, 2018, a man committed self-immolation in the center of Hanoi, Vietnam’s capital city, a few steps away from the Central Citizen Reception Committee’s office on Ngô Thì Nhậm Street.
He was later identified as 58-year-old Bùi Hữu Tuân, former village chief of Đạo Ngạn Village, Hợp Đồng Ward, Chương Mỹ District, Hanoi.
The victim is now in critical conditions with severe burns to the whole body.
Mr. Tuân was charged with Article 356 of Vietnam’s Penal Code for “abusing official position, power in the performance of official duties.”
He was supposed to begin his sentence of 3-year-imprisonment today, July 3, 2018. In the last act of defiance, one day before its commencement, he desperately protested the injustice of the trial and his conviction.
He was charged, tried, and convicted with not only insufficient evidence, but the evidence at trial showed that the prosecution did not even have any evidence for one element of the crime they had charged him with.
His son told VOA Vietnamese in an interview on July 2, 2018, that after Tuân failed to get the Central Citizen Reception Committee’s office agreed to halt his sentencing while reviewing his complaint to the Government Inspectorate, he went outside and committed the self-immolation.
|Article 356 prescribes: “Any person who, for personal gain or other self-seeking purposes, abuses his/her power or position in performance of official duties to act against his/her official duties and as a result causes property damage of from VND 10,000,000 to under VND 200,000,000 or infringes upon state interests, lawful rights and interests of another organization or individual shall face a penalty of up to 03 years’ community sentence or 01 – 05 years’ imprisonment.”|
From Pháp luật Thành phố Hồ Chí Minh (The Law – Hochiminh City) newspaper, the most damning evidence against Tuân was that he – as the village chief – allegedly accepted money, along with the requests of some 23 families in the village, to ask the local government to give them lands to build their ancestors’ shrines and worship places. Yet, none of this money went to Tuân or any of his two co-defendants, as it was donated to the village.
The local procuracy’s office (the prosecution in Vietnam) and the court further alleged that he had overstepped his authorities in giving out land slots to the villagers, and thus had committed a crime under the above penal code.
According to them, he had abused his “official duties” even though some people questioned whether the village chief position could be considered an “office”.
At the trial court level, Tuân was convicted and sentenced to the maximum term prescribed by law: 5-year-imprisonment. The appeal trial upheld his conviction but reduced the sentence to 3 years.
The appellate court’s decision in upholding his conviction with actual imprisonment was the last straw for Bùi Hữu Tuân, and he committed the unimaginable act of setting himself on fire.
From a legal standpoint, Tuân was correct in protesting his conviction and his sentence because the first element of the crime “abusing official position, power in the performance of official duties” seemed to have been conveniently ignored throughout his criminal proceedings.
In the same article published back in November 2017, Pháp Luật newspaper reported that it was established at trial that all of the money which Tuân and his co-defendants received from the villagers, was donated to various community services projects in the village.
Neither Tuân or any of his co-defendants had used any portion of the money for personal gains.
In other words, it is almost certain that the prosecution would not be able to prove the first element of the crime alleged against him, that he did commit an act for personal gain or other self-seeking purposes.
Worse, the evidence further showed that Tuân did submit the villagers’ requests to the ward’s officials, asking them to give out the land to people for burial and worship purposes. Pháp Luật newspaper also wrote, back in November 2017, that they had interviewed the villagers independently and were told that the local officials were present, at all times, to survey the land with the defendants.
And while Tuân and two of his deputy chiefs were tried and convicted, none of the ward’s officials had to face criminal charges even though the same evidence could be used against them.
By the same token, it could be argued that if the evidence were not enough to file charges against the local officials, then it certainly would not be enough to convict Tuân and the co-defendants.
Undeniably, Tuân’s trial and conviction again delineate the inefficient and broken legal system in Vietnam where people can be charged, tried, and convicted with no evidence to prove the required elements of the crime.
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