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Vietnam: Court Sentenced Doctor For Involuntary Manslaughter, Ignited Public Outrage

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Dr. Hoang Cong Luong at his first trial in 2018. Photo courtesy: vietbao.vn

On January 30, 2019, The People’s Court of Hoa Binh Province found Dr. Hoang Cong Luong guilty of involuntary manslaughter and sentenced him to 42-month-imprisonment.

The verdict caused an outcry across different sectors in Vietnam’s society, especially among other doctors who did not agree with the court’s reasoning.

They believed that Dr. Luong did not breach his duty of care as a medical doctor.

Dr. Luong was a former nephrologist at Hoa Binh General Hospital who was charged with involuntary manslaughter for failing to check the RO (reverse osmosis) water before initiating a hemodialysis treatment in May 2017, causing 18 patients to suffer anaphylactic-like symptoms – eight of whom later died as a result.

A total of seven people were put on trial this year for “involuntary manslaughter” under Article 98 and “negligence of responsibility, causing serious consequences” under Article 285 of the 1999 Penal Code.

The case was initially tried in May 2018 where Dr. Luong was charged with Article 285. The court dismissed the case and returned the file to the prosecution for re-investigation in June 2018.

The prosecution came back and formally filed charges against Dr. Luong for involuntary manslaughter in December 2018. The second trial commenced in January 2019.

According to the trial court’s verdict of yesterday, Dr. Luong was guilty because he failed to wait for the documentation confirming the water’s safety before initiating the dialysis. Instead, Dr. Luong relied on the verbal confirmation of the staff in charge.

The court’s reasoning also put Dr. Luong in the position of a gatekeeper, which many doctors disagreed and argued that would have required nephrologists to be more than medical service providers.

According to these Vietnamese doctors, the failure to wait for the appropriate documentation was only an administrative mistake, not enough to constitute his criminal culpability.

They also argued that other doctors would have used the same method as Dr. Luong because having the documentation – in reality – does not make any difference compares to the verbal confirmation of the staff before starting the dialysis. Delaying the dialysis to wait for the documentation could also cost the patients their lives.

According to the community of doctors standing with Dr. Luong, when faced with such circumstances, whether he had waited for the documentation or went ahead with a verbal confirmation, nothing could have changed the fact that the water was contaminated and Luong could never detect such contamination.

The evidence at trial also established that the water in question was contaminated due to improper cleaning performed by the maintenance staff.

One of the witnesses, Nguyen Huu Dung, the Head of the Dialysis Department of Bach Mai Hospital in Hanoi, testified that the responsibility to maintain the water safety was one of the maintenance department, not the treating physician.

Regardless of the testimony from the experts and the doctors’ community standards, the court still decided Dr. Luong had committed involuntary manslaughter.

Throughout the process, not only the public and the doctors’ community stood by Dr. Luong, but all of the victims’ families have also pleaded with the court to exonerate him. Their action constituted one of the conditions under Vietnam’s laws which could exempt Dr. Luong from criminal liability under Article 29, Penal Code of 2015.

While the new penal code only took effect on January 1, 2018, which was after the alleged medical malpractice had happened, Vietnamese laws allowed the retroactive application of any section that could have benefited the accused.

For his defense, Dr. Luong should have been able to use any section involving the extenuating circumstances, and other exemptions from criminal liability under the recently amended 2015 Penal Code, to defend his action. That did not happen.

The public outrage, in this case, started since its commencement where the director of the hospital, Truong Quy Duong, was first exempt from prosecution and was able to leave the country to go abroad to Canada back in 2018.

Due to public pressure and Dr. Luong’s lawyers’ argument, he was later charged with negligence and had to return to stand in the second trial.

Other doctors had pointed out that the absence of a national standard for dialysis procedures should make the Ministry of Health liable in this case as well.

The case also revealed more unanswered questions regarding the maintenance of the RO water system being used in dialysis at Hoa Binh General Hospital.

As the director of that hospital, should the responsibility of overseeing the maintenance and operation of all departments belongs to Truong Quy Duong, and that he should have been ultimately held liable for the death of the patients?

The case of Dr. Hoang Cong Luong has become one of the most controversial criminal cases in recent years, underlining issues that challenge Vietnam’s legal system today and in years to come.

People questioned the neutrality and fairness of the court and the role of the prosecution in this case. Was the prosecution’s decision to file charges against Dr. Luong for involuntary manslaughter done according to laws?

Not only there is a lacking of the standard of care for doctors in medical malpractice cases in the country, but also, there are other criminal procedures’ issues that urgently need reform, such as evidence admissibility and the standard for expert witnesses’ testimony.

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Imprisoned Dissident – Anh Ba Sam – Encountered Odd Events Before Release Date

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Portrait of Anh Ba Sam. Photo credits: Luat Khoa Magazine.

Journalist Nguyen Huu Vinh (whose pen name is Anh Ba Sam) faced quite a few peculiar encounters in Prison Center Number 5, Yen Dinh district, Thanh Hoa province in recent months.

According to Le Thi Minh Ha, his wife, on December 9, 2018, a man in a police uniform came to visit Vinh in his prison cell and spent an hour and a half talking to him. At the end of their conversation, the man left behind an envelope full of money and told Vinh that after his release from prison he should support To Lam, the current minister of public security – the national police force in Vietnam.

Mrs. Ha told Luat Khoa magazine: “My husband recounted the story to me when I visited him. Neither one of us could grasp what was happening. Who was this man and who had directed him to do such a thing? Was he someone who works for To Lam or someone who wanted to harm To Lam? Nevertheless, it could also be intimidation. We think we should publicize this information to protect Vinh.”

Both Ha and Vinh went to college with the current Minister To Lam in the 1970s, where all three were studying at the People’s Security Academy. This school is where the Vietnamese government trains its future secret police force officers.

Vinh was arrested on May 5, 2014, and at the time, To Lam was the vice minister of the Ministry of Public Security (MPS). He was held in pre-trial detention for almost two years before being convicted of “abusing democratic freedoms to infringe upon the interests of the state, the rights and interests of other entities and citizens,” and sentenced to five-year-imprisonment on March 23, 2016. Before his arrest, he was the owner of the blog site Anh Ba Sam – one of the most famous online newspapers in Vietnam during the past few years.

Another event – which also caused Ha to have more concerns over her husband’s safety – happened on January 27, 2019, the day of her monthly visit to Prison Center Number 5.

She stated that one prison guard had requested to meet her in private and told her: “On the release day (which will be May 5, 2019), if there are only family members then the center will process the paperwork and release him at the gate of the prison. If there are other non-family members accompanying (you), carrying banners and posters with them, then the prison center will take Vinh to a remote area and leave him there by himself.”

“On March 4, 2019, my husband called me from the prison center in accordance with the monthly allowance of five-minute-phone calls, where he told me that the same prison guard met with him again in private and told him the same thing,” Ha informed Luat Khoa magazine.

Mrs. Ha had already sent a letter of complaint to Prison Center Number 5 on February 1, 2019, to report the previous incident. She received a response dated February 25, 2019, which insisted that no prison guard had communicated any such content to either her or Vinh at the center.

Luat Khoa indicated that its reporter contacted the prison center with the number Ha had provided in April 2019, but the person who answered the phone refused to acknowledge the name of the alleged prison guard. Instead, he stated that the name belongs to someone who lives near the prison center. When the Luat Khoa reporter pressed for the current condition of Nguyen Huu Vinh, the person then said he did not know.

Mrs. Ha had also lodged complaints regarding the threat to release Vinh in a desolate area with Minister To Lam, Prime Minister Nguyen Xuan Phuc, the National Assembly Judicial Committee and its Chairwoman Nguyen Thi Kim Ngan, as well as Ho Thanh Dinh – The head of the Prison Management Bureau. However, all of her complaints eventually were passed down to Prison Center Number 5 to resolve.

“The person who threatened me and my husband was an officer at Center Number 5, and if all of my complaints were making their way back to this same place, then it would be meaningless. Both of us are feeling anxious and scared now that they (the prison guards) might try to harm Vinh one way or another,” Ha said.

On March 4, 2019, she also sent a letter to an alumni group consisting of her and Vinh’s former classmates at the People’s Security Academy, to suggest that if any one of them is going to accompany her on his release day, then please don’t bring any banner or poster so that they would be “in compliance with” the prison center’s request.

*** This story was first written in Vietnamese by Tran Ha Linh for Luat Khoa magazine on April 12, 2019. The Vietnamese has reviewed all of the complaints and letters which Mrs. Ha submitted and the official reply from the prison center. But because we only received information from Mrs. Ha, we decided at this time not to reveal the names of the prison guard or of the man in police uniform mentioned in this story.

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Exploring Tam Dao National Park, Group Of Vietnamese Youths Robbed And Beaten By Unknown Men

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Pictures recently take by Vietnamese who responded to the call to save Tam Dao rainforest. Photo credits: Save Tam Dao Facebook.

“My body crumbled because of the pain, but this group of strangers continued to beat me while using words to taunt me: ‘Aren’t you scared now, Hung? Don’t you care about your friend, dear?’”

In a Facebook’s post, the victim, Ta Manh Hung, recounted the horrible experience that he and four of his friends encountered on the evening of April 6, 2019, on Tam Dao mountain.

The group was traveling together that weekend, hoping to explore one of Vietnam’s most praised national parks and its rainforest, located in Vinh Phuc province near Hanoi. Prepared to spend the night at a camping grounds inside the forest, yet halfway to the destination, their journey was abruptly cut short when about a dozen strangers, all males, surrounded the group. The men then proceeded to use force to tie each of the youngsters to a tree stump about 20 meters apart and then they assaulted them.

The ordeal lasted for a couple of hours until nightfall, and when the weather began to get cold in the forest, the assailants decided to take off. They left the victims still tied up and took all of their personal property, including their mobile phones, cameras, watches, Kindles, back-up chargers, and the wallets that contained their identification papers.

Cold, scared and beaten, these youngsters, however, were able to use their teeth to slowly untie each other. Afterward, they managed to go to the nearby Tay Thien Pagoda to seek refuge for the night. The next day, local people helped them report the incident to the police of Tam Dao district.

The group’s violent encounter was first reported on Facebook in Vietnam last week. As it went viral, the public started to demand answers from the local authorities, prompting the mainstream media also to cover the story. In an interview with Nation (Tổ Quốc) newspaper, the police of Vinh Phuc province stated that they took the incident seriously and that they would handle it according to the law and regulations.

The public’s anger, however, may also be explained by the fact that Tam Dao national park has attracted the concern of many in recent months. Vietnamese people were wary that an ongoing development project, being constructed in the center of the rainforest might destroy its natural landscape and ecosystem.

A little more than three months ago, there were reports that Tam Dao’s primary rainforest and its diverse fauna and flora were under threat of environmental destruction.

Sun Group – one of Vietnam’s largest real estate developers – together with the government of Vinh Phuc province had initiated the construction of a resort in the middle of the national park. While the developers insisted that they were building an “ecotourism” project, environmentalists in the country decried the idea, stating that it would cause irreversible damages to the hundred-million-year-old rainforest’s ecosystem.

A Facebook group called Save Tam Dao started to document the current stages of theSun Group development project. It also called on others to join in and save the rainforest. Save Tam Dao has received quite a lot of support from Facebook users in Vietnam, especially among the younger generation.

Last month, together with other environmental activists and organizations, this group also initiated an online petition with Avaaz.org, calling on the Ministry of Natural Resources and Environment to publicly reveal the project’s Environmental Impact Assessment.

Groups of youngsters have also started to travel more frequently to Tam Dao to take pictures of nature’s beauty. Some of those pictures, however, also showed the devastating damage that the resort’s development project had created thus far.

Hung’s group attempted to do the same thing during the previous weekend: travel to Tam Dao and explore the rainforest’s beauty. But its members tragically had a terrorizing encounter where they were robbed and assaulted.

It was, however, quite peculiar that the attackers also forced the group to give up the passwords of their phones. Once able to gain access, they then immediately began reviewing all of the stored messages and photos at once.

Hung was the only one that had refused to give up his passwords. As he later stated, he did not want unknown strangers to intrude on his privacy. The moment he did not comply, his suffering increased. These men tied him up, covered his head and beat him for hours, trying to get him to give up the password.

Irritated by his continuing refusal, the assailants threatened to plant drugs on his body and report him to the police. Then, they carried him up, still with his head covered, and told him that they would throw him down the abyss. Seeing Hung did not respond to the threats, they started to put various types of insects inside his clothes to let them bite him. To prevent others from hearing his screams, they stuffed Hung’s mouth with some handkerchief.

What was so important that the assailants were willing to use such tactics to gain access to Hung’s phone and would even use torture to get it? We may have to wait for the police investigation report to find out more.

This latest attack, however, raised many questions about public security and safety in the area. Tam Dao is a national park; it belongs to all of the people, and all of its people should be able to enjoy its beauty safely. But right now, it seems that not only the rainforest at Tam Dao is crying for help but so are the ones who love it.

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Vietnam Accused “Hostile Forces” Of “Abusing” Ba Vang Pagoda Story. What Is Ba Vang?

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Buddhist followers at Ba Vang Pagoda. Photo credits: Ba Vang Pagoda.

A number of Vietnam’s state newspapers simultaneously began reporting on an almost identical story in late March 2019. They all accused “hostile forces” of “abusing” the Ba Vang Pagoda Incident to “promote, incite, and entice the people, monks, and Buddhists to fight against the government, generating divisions of religious unity.”

Such strong words came from an article printed on April 1, 2019, by the VTC News (Vietnam Television Corporation), one of the Vietnamese Communist Party’s largest mouthpieces, which further announced:

“The hostile forces changed information as a plot to distort the freedom of religion situation in Vietnam.”

The Ba Vang Pagoda Incident was just the latest addition to the laundry list of accusations made by the Vietnamese government against “hostile forces” over the years. Often, it would accuse them of taking advantages of social problems in Vietnam to incite the public and created friction between the state and its people.

But what happened at Ba Vang Pagoda? What is this place?

Why do both the Vietnamese government and its people care so much about it recently?

Ba Vang is a Buddhist temple in Quang Ninh Province, and Abbot Thich Truc Thai Minh belongs to the Vietnam Buddhist Sangha (VBS). The VBS is the only Buddhist Sangha recognized by the Vietnamese government, and it is also a member of the Vietnamese Fatherland Front, an umbrella group of mass movements in Vietnam aligned with the Communist Party of Vietnam.

Earlier in March 2019, some video clips of a Buddhist follower named Pham Thi Yen preaching in front of thousands of people in Ba Vang Pagoda spread rapidly on Facebook and other social media platforms.

One clip shows Mrs. Yen discussing the case of a female student who was gang-raped and murdered while on her delivery route earlier this year. Yen explained that the killing was due to the deceased’s evil karma, which she said the deceased had sown in her past life, and for which she must suffer retribution this life. Her speech had angered the entire nation.

Then, on March 20, 2019, an investigative report in the Lao Dong newspaper entitled “Spreading the dead soul’s vengeance, Ba Vang Pagoda earns tens of millions of US dollars every year,” fueled even more public backlash against the pagoda. The article alleged that religious leaders at the pagoda were performing superstitious activities, such as offering to eliminate bad luck for a large sum of money from its followers.

Members of the Ba Vang Pagoda preached that all troubles in life sprang from the ghosts of many previous lives before who follow the people until this life to seek revenge for past misdeeds or grudges. If one “wants to be forgiven,” he or she then must “offer money to the ghosts” which they could do it by donating money to Ba Vang.

On social media, people began to investigate Abbot Thich Truc Thai Minh and his past. In Vietnam, there has always been strong speculation among the public about the entangled, secretive relationship between the Party and the VSB, where high ranking monks and abbots have been elected to the National Assembly, held governmental posts, and have always spoken in support of the VCP.

The social backlash and public anger towards the Ba Vang Incident prompted a quick reaction from both the government and the VSB. Multiple ministries issued urgent orders to investigate the matter, and the VSB announced that it had disciplined Ba Vang’s abbot.

But the people refused to let the story de-escalate. Indeed, more and more netizens dug up past videos and pictures Ba Vang had previously used as infomercials. Photos of past and present leaders, such as Prime Minister Nguyen Xuan Phuc, who was shown walking hand in hand with Abbot Thich Truc Thai Minh spread like wildfire on Facebook.

Facebook users went further and started to suspect openly that the Ba Vang Pagoda Incident was indeed an internal fight between high ranking officials in Vietnam whose business interests had collided. It has been an old rumor among Vietnamese people that some of the large and well-constructed pagodas in the country were places where illegal money laundering activities took place, involving many of the VCP’s officials.

Some well-known Facebook commentators continued to question the incidents at Ba Vang Pagoda, asking: who had approved the construction and operation of the pagoda, whether it was legal to ‘collect money for superstitious activities,’ who was behind all these activities.

And as the people continued to probe, the government turned to an old trick, blaming “hostile forces” for the ongoing controversy.

In the past, the government had accused “hostile forces” of being behind the fight against the operation of illegal BOT toll booths. The protests in June 2018, where thousands of people rallied against the Special Economic Zones and the Cybersecurity law, were also supposedly incited by such forces, according to the state.

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