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.
After Decade of Petitions, Vietnam to Re-consider Case of Death Row Inmate Ho Duy Hai
After more than 10 years of petitioning the Vietnamese government, Nguyen Thi Loan (pictured above) says a huge weight has been lifted off her shoulders. Her son, Ho Duy Hai, who had been found guilty of murder in 2008 and was sitting on Vietnam’s death row for eleven years, now has another chance at life.
On November 30, 2019, the country’s highest prosecutor’s office (the Supreme People’s Procuracy, or SPP) announced that “Ho Duy Hai’s case suffered from serious procedural shortcomings that affected the quality of evidence gathered” to prosecute him.
As such, the SPP has requested that Vietnam’s Supreme Court toss out all previous rulings, including the original 2008 conviction by a Long An provincial court, as well as a 2009 appellate judgment by the Ho Chi Minh City Supreme Court of Appeals which upheld the death sentence. The SPP’s latest request also supersedes its own October 2011 refusal to halt the sentence after repeated petitions from Loan.
Ho Duy Hai’s 2008 case involves the murder of two sisters, Nguyen Thi Thu Van, 22, and Nguyen Thi Anh Hong, 24, who were killed at Cau Voi Post Office in Long An province, which borders Ho Chi Minh City to the southwest. The women, who both lived and worked at the post office, were found at the foot of a set of stairs, two meters apart, with their necks slit and their heads showing signs of blunt force trauma. The robbery and double murders occurred on the evening of January 14, 2008, about 4.5 kilometers from Hai’s house. It was not until two months later that Hai was implicated. He had known the two employees and could not provide an alibi the night of the murders. Police subsequently arrested him and charged him with murder on March 21, 2008.
Hai was only 23 when he was sentenced to death on December 1, 2008, but both he and his mother have consistently proclaimed his innocence. Though Hai could not remember clearly what he was doing the night of the murders, he claimed police beat and tortured him into falsely confessing.
Other cited shortcomings in the investigation included a lack of fingerprints at the scene of the crime to corroborate Hai’s “confession”, an inability to confirm the murder weapon(s), purchased items used to replace “lost” evidence at the scene of the crime, inconsistent witness testimonies, and a lack of time of death for the two victims to corroborate Hai being at the scene, among others.
For more than a decade, Hai’s mother petitioned all levels of government to intercede in her son’s case, even holding banners in front of the General Secretary, Prime Minister, and the President’s offices. She also enlisted the help of activists, dissidents, and human rights groups on social media to spread awareness. In December 2014, when Hai was only a day away from lethal injection, the Long An provincial court decided to temporarily suspend his sentence due to uproar over the nagging inconsistences in Hai’s case.
The case became so high-profile that National Assembly (NA) representative Le Thi Nga, who was the deputy head of the NA’s Judicial Committee at the time, became involved. She personally investigated the case’s inconsistencies, confirming that “there were serious violations committed by the police and prosecution in Hai’s case.” Her tenacity, attention to detail, and personal care for Hai’s mother has earned her praise on social media, who have held her up as a model NA representative.
If the Vietnamese Supreme Court accepts this latest SPP request, then there are two possible outcomes for Hai: his case will either be suspended and all charges dropped or he will be re-investigated and re-tried.
If the Supreme Court decides the former, then Hai will walk away from death row a free man. If it decides the latter, then Hai’s case is essentially back to square-one, as if he had just been arrested. Hai would remain in police custody (i.e. virtually imprisoned, as is Vietnamese custom for those who have been arrested but not yet charged with a crime). The murders for which he was convicted would be re-investigated by police, after which the Long An prosecutor’s office would decide whether to charge Hai with a crime. If they do, then the trial, sentencing, and appeals process would repeat itself. If they don’t, then Hai has yet another path to freedom.
Regardless of the outcome, Hai’s mother is all gratitude for what has been achieved so far: “I want to thank every soul, both inside and outside the country, for caring so deeply for Hai. I will be grateful to you all for the rest of my life, for supporting my family and walking together with us on this long path.”
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