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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.

Press Release

The Vietnamese: Call for Pitches

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Dear Readers and Writers:

For the last five months, The Vietnamese has not been publishing regularly, something that you may have noticed. Our magazine was short on staff and it affected our publication. We are very sorry about any inconvenience it may have caused you. But here comes the good news. 

Starting in September 2019, we have been back and starting to use a new working scheme for our publication. Now we are reaching out to freelancers to submit pitches and work on articles to be published on our platform. 

As we have written in our mission statement for The Vietnamese, this magazine will be “a platform for each and every Vietnamese individual – who shares our dreams, our visions, and our daily struggles for a democratic country where the rule of law and human rights are respected – to raise their voice and bring their issues to the world stage.” 

We have probably also noticed some of the same issues as many of you, that Vietnam’s human rights situation and political scene were not being demonstrated as clearly as we want them to be on the world stage. Many of the critical issues that Vietnamese people care and are concerned about were not discussed in English writings. And now, this is the time that you can submit your pitches and start writing about what concerns Vietnamese people the most in terms of human rights, democracy, and political concerns.

Please be aware that as a magazine, The Vietnamese quite often does not publish very time-sensitive or breaking news. We decide on pitches at our weekly editorial meetings, and so it may take up to at least one week to respond to your pitch. Once we accept a pitch, it typically takes two weeks to one month before it is published as our editorial team is also made up of freelance and part-time staff, which may delay our response time. 

A few times a year, we will also be considering a specific call for pitches for certain themes and we will send out updates when there are such calls.

OUR RATES:

– US$200 for text (approximately 1,500 words for written pieces)

– US$200 for 7-10 minute (edited) video clips with English subtitles, US$150 for a recorded op-ed or interview. 

Invoices should be submitted after the article has been published on our website. We are committed to paying timely and promptly.

PITCH FORMAT:

Please answer all of these questions in an email to be sent to editor@thevietnamese.org or vi.tran@thevietnames.org. 

– What is your name?
– What section are you pitch to, is it written form  or video?
– What’s your idea? (Please be as specific as you can.)
– Who could you talk to or have access to?
– What makes this story interesting or insightful?
– When can you submit the first draft?
– Will you submit photographs with the article that you or another person has taken?
– Please provide any links to your previous published articles or videos.

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Press Release

Pham Doan Trang Received Prize for Impact from Reporters Without Borders’ 2019 Press Freedom Awards

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Photo credits: RSF

On September 12, 2019, our editor Pham Doan Trang had received the Prize for Impact from Reporters Without Borders’ Press Freedom Awards 2019 in Berlin, Germany.

Trang was not able to travel and received her award in person. Instead, our editor Trinh Huu Long and also the editor-in-chief for Luat Khoa magazine was representing Trang to accept it.

Being her colleagues, The Vietnamese magazine’s staff is delighted and honored that Doan Trang received the Impact award. We have all been inspired and moved by her tireless efforts – as she stated – to make sure that “journalism is not a crime anywhere in the world.” Together with her, we all work for Vietnam to soon be a democratic country.

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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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