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Human Rights

A Prisoner’s Dilemma: The State Of Human Rights Defenders In Vietnam

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Photo: The 88 Project.

Since the United Nations released the first World Report on the Situation of Human Rights Defenders in 2018, the many human rights violations committed by the Vietnamese Communist Party (VCP) have slowly come under international scrutiny. 

Many of the same issues presented in the report mentioned above, such as the VCP’s active restriction of the rights to freedom of expression, freedom of assembly and association, or a fair trial with due process, continue to persist three years down the line. Even though fewer Vietnamese citizens were convicted in 2020 than in 2019, more were persecuted through other means for simply exercising their supposedly protected rights. 

The 88 Project’s 2020 Human Rights Report on Vietnam explores, details, and highlights the many struggles that Vietnamese activists faced that year. And much to everyone’s expectations and disappointment, Vietnam continues to fail in its international obligations to protect the right of free speech and the well-being of its human rights defenders.

People at Risk

Sharing similarities with the data presented by the Human Rights Measurement Initiative, the report states that, “[o]f the 35 people arrested in 2020, nine were women…. The top areas of activism of those arrested in 2020 were democracy activists (16), land rights (11), human rights (9), and freedom of expression (8) [and] [t]he most common occupations of those arrested in 2020 were farmers (8), journalists (4), and teachers (3).”

Of those arrested, eight were denied legal representation for the charges filed against them, four were not allowed to be visited by friends or family, six were part of small religious sects, and nine came from ethnic minority groups.

Several high-profile activists were also jailed, such as Pham Doan Trang, a writer and co-founder of the Luat Khoa and The Vietnamese online magazines, and Pham Chi Dung, president of the Independent Journalists Association of Vietnam (IJAVN). 

Eleven online commentators were also taken into custody in 2020, and their number makes up roughly 31 percent of all arrests made that year. The most shocking thing is that these people were brought to jail even though they were not members of any specific civil society group; they were arrested for the sole reason that they chose to air  their grievances against the Vietnamese government.

In summation, it is clear that no one is safe from the VCP. It hardly matters to them if you are an activist fighting tooth and nail for your principles and beliefs or an average citizen trying to be as discreet as possible. If you publicly express any discontent or disapproval with the government’s actions you run the genuine risk of being put under the spotlight and you will not be safe from the Communist Party’s malicious retribution. 

The Injustice of the Law

The charges facing those arrested are based on specific provisions in the 2015 Vietnamese Penal Code. 

To be specific:

  1. Article 118: disrupting security
  2. Article 331: abusing democratic freedoms 
  3. Article 117: conducting propaganda against the state 
  4. Article 330: resisting officers in the performance of their official duties

These statutes, according to Brad Adams, executive director of Human Rights Watch’s Asia Division, involve national security in Vietnam laws which “are vaguely defined and often used arbitrarily to punish critics, activists, and bloggers.”

He adds, “it’s even more outrageous to lock up someone for five years just because the government arbitrarily decides that they are preparing to criticize the government.”

Yet, this is far from the only maltreatment faced by those arrested.

Several detained individuals have also been denied access to legal representation, meaning that they were sent directly to trial without consulting with a lawyer. And even if they were allowed to meet an attorney, the lawyers were often not given all of the relevant material they might have needed to help defend their client in court.

Additionally, the appeals of political prisoners for reduced sentences or a retrial are often ignored by the judiciary or are not granted. In 2020, only two who appealed their case, Dang Thi Hue and Bui Manh Tien, successfully had their pleas heard. Yet, the sentences of each one were only reduced by three months. 

It is apparent that the Vietnamese legal system is skewed against human rights defenders and activists. They are not afforded the legal remedies that they are entitled to by law, and they are also not given proper and impartial trials or allowed to use arbitration to plead their cases. 

The Vietnamese government actively refuses to abide by the due process standards that it has codified into law. In any other democratic country, this kind of behavior would not be acceptable. But in a one-party state run by strongmen, this is sadly the norm. 

Life Behind Bars

For those already incarcerated, their situation is far from ideal. According to The 88 Project’s report, political prisoners are often “forced into severe physical and psychological conditions” such as the “denial of family communications, denial of adequate healthcare, forced mental health treatment, solitary confinement, and punitive prison transfers.” 

The COVID-19 pandemic has only served as further justification for the Vietnamese government to deny people proper and humane treatment. 

The report also details the situations of several imprisoned activists in 2020, such as Hoang Duc Binh, Chau Van Kham, and Nguyen Van Tuc, who are not only barred from meeting or even speaking with their family but are also denied medical care for their severe and underlying health conditions. 

Le Anh Hung and Pham Chi Thanh are the names of other political prisoners made to undergo mental health treatments despite being perfectly sane and normal; they, and others like them,  are forced to take anti-psychotic medication and are made to undergo ethically questionable psychiatric therapies which border on torture. 

The appalling conditions that political prisoners face in Vietnam are vicious, nasty, and inhumane. They are treated even worse than livestock; they are seen as pariahs, not deserving of even the slightest modicum of respect. 

The prison situation reflects what the VCP thinks about the citizens of the country. The moment you become inconvenient, detrimental, or even a minor nuisance to their unchecked power and greed, they will not hesitate to use force, torture, or even to threaten you with the possibility of death to crush your body and spirit. 

***

The tactics used by the Vietnamese government and its state agents against activists and human rights defenders are nothing new; these actions are what they’ve been doing for decades now.

However, due to the ongoing global pandemic, the VCP feels emboldened to further step on the necks of the people it thinks are a danger to its position in society. The Party is willing to toss away the humanity and decency of its citizens just to sate their never-ending lust for riches and power. 

The authorities use force and fear in tandem to scare the populace into silence and compliance. 

Yet, as imposing and threatening the VCP wants itself to appear, it has failed to acknowledge one simple fact: these acts of oppression against Vietnamese citizens betray the Party’s fear and paranoia.

In reality, the authorities are the ones who are scared. They live in fear that one day, the people may grow wise to the truth: that real power lies not in the state or its corrupt institutions but within the farmer, the student, the teacher, the journalist, and the worker. It is found in the breasts of mothers, fathers, and their children, and in the hearts of all those who desire a better future for themselves and those they love. 

The Vietnamese government continues to act with impunity, not because of its abundance of strength but because of its lack of strength. 

Human Trafficking

Toward Greener Pastures: A Reflection On Human Trafficking In Vietnam

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The 39 Vietnamese victims in the Essex Lorry Deaths. Photo: Essex Police/The Guardian

In October 2019, 39 people were found dead inside a sealed refrigeration trailer in Grays, Essex, in the United Kingdom. Initially thought to be Chinese, these people were, in fact, Vietnamese, mostly from Nghe An and Ha Tinh provinces in the north-central region of Vietnam, who had left their families and their homeland for a minuscule chance at a better life. 

“They were treated worse than cattle,” DCI Daniel Stoten, the lead investigator, told The Guardian.  This tragic event is now commonly known as the Essex Lorry Deaths. 

In response to this tragedy, Nguyen Xuan Phuc, who was the prime minister of Vietnam at that time, ordered an investigation into the incident. He ordered the Ministry of Public Security, the Foreign Ministry, and the two central provinces of Nghe An and Ha Tinh to investigate and find out cases of Vietnamese citizens being brought illegally to foreign countries and strictly handle the violations.

Yet, after almost two years, despite the sentencing and imprisonment of the people involved with the trafficking crimes and the investigations by Vietnam and other foreign governments, human trafficking in Vietnam continues to thrive.

Deutsche Welle, a media organization based in Germany, reports that the ongoing surge of COVID-19 cases in the country is pushing more and more Vietnamese citizens to turn towards smuggling and human trafficking to make ends meet. Despite the country’s closed borders, people are still able to move in and out of the country through routes passing through neighboring Myanmar and China. 

Michael Brosowski, the co-founder of the Hanoi-based Blue Dragon Foundation, a charity organization that deals with child rescue and human trafficking, mentions in the article that most of the cases he’s been handling involve women and girls from ethnic minorities. He also adds that there have been reports of girls being forced to work in karaoke bars, which are likely fronts for brothels. 

Human trafficking is a messy, disturbing, and heartbreaking issue. Yet, the fact that it continues to this day and that some people willingly choose to engage in it, or are left with no other choice but to resort to it, only underscores the importance and necessity of open dialogue and addressing it in the public sphere. In the context of Vietnam, it is essential to reflect on why it continues to be so prevalent and on why it has remained cancer growing seemingly unchallenged in Vietnamese society.

Human Trafficking in Vietnam

The United Nations defines human trafficking as “the recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.” They add that “men, women, and children of all ages and from all backgrounds can become victims of this crime” and that the people who operate such practices often use “violence, fraudulent employment agencies, or fake promises of education and job opportunities to trick and coerce their victims.” 

The U.S. Department of State’s global report on human trafficking provides several facts and statistics regarding the troubled state of this issue in Vietnam and lays out several recommendations that the country should take in order to better improve this situation. Likewise, our own Jason Nguyen, in his piece regarding human trafficking, summarizes many of the key points and features of this aforementioned report.

To put it simply, The U.S. Department of State classifies Vietnam under its Tier 2 watchlist; this means that the country has not met its minimum standards in terms of eliminating human trafficking but is at least trying to do so. Continued failure to act and a lack of concrete action may lead Vietnam to be reclassified as Tier 3; countries that fall under this bracket will be barred from getting any financial assistance from the United States. Vietnamese citizens will also face heightened immigration restrictions and the assets of Vietnamese officials in the United States will be frozen as well. 

Regarding the actions Vietnam is currently undertaking to address human trafficking, Nguyen writes that the country has ramped up prosecution against human traffickers and has passed legal revisions to terminate ludicrous brokerage fees; these fees, if too steep, cannot be realistically paid. In effect, workers end up indebted to their employers

With regards to specific legislation, Nguyen notes that Articles 150 and 151 of the Penal Code are specific anti-trafficking provisions that aim to dissuade would-be traffickers; both carry hefty prison sentences and associated fines. Yet, despite being called “sufficiently stringent” in the U.S. Department of State’s report, the implementation of these laws is not ideal. Despite having more charges filed against human traffickers, the number of investigations and convictions has actually decreased. Poor data collection, inadequate monitoring, and problematic evidence collection continue to hinder Vietnam’s fight against human trafficking, despite the government providing personnel and state forces anti-trafficking training. 

The U.S. Department of State report also alleges that some Vietnamese government officials, at the commune and village levels, were complicit in the practice of trafficking itself. They allegedly accepted bribes from traffickers, overlooked trafficking indicators, and even demanded large sums of money from the victims prior to reuniting them with their families. 

As for the victims and perpetrators of human trafficking themselves, Nguyen writes that “over 60 percent of victims come from ethnic minority groups” and that both traffickers and their victims “share poor economic and educational backgrounds.” He also notes that most traffickers are also illiterate and have not finished high school. 

The Borgen Project, a non-profit organization that aims to make fighting poverty part and parcel of the U.S foreign policy, also notes several facts that highlight the plight of Vietnamese human trafficking victims; men, women, and children are all fair game in this industry and their servitude ranges from forced labor in various physically intensive industries, such as manufacturing or agriculture, to prostitution and sex work in brothels.

Addressing the Issue

The U.S. Department of State’s global report does an exceptional job in presenting the current state of human trafficking in Vietnam. Likewise, it also provides several suggestions and recommendations that the country should prioritize to improve the situation as soon as possible. Nguyen condenses these as follows:

  1. Bolstering collaboration with NGOs and civil society;
  2. Amending existing loopholes;
  3. Training law enforcement officials in domestic trafficking cases;
  4. Implementing policies;
  5. Increasing national funding for provincial-level authorities to assist victims of trafficking; and
  6. Inviting independent bodies to verify that the government has terminated forced labor in rehabilitation centers.

These suggestions are all well and good but they mostly seem to deal with the effects and the aftermath of human trafficking itself; even preventative measures such as information campaigns and policy formation skirt the root of the problem. They fail to get to the heart of the issue and sadly this almost guarantees that human trafficking in Vietnam will continue to exist and grow.

How then should we approach Vietnam’s human trafficking problem?

As mentioned earlier, the victims and perpetrators of human trafficking in the country do not come from privilege nor wealth. They are not from the upper or middle classes of society, nor have they completed their formal education; some cannot even read. They come from ethnic minorities and face daily challenges that would seem alien to those blessed with the sanctity of comfort. They constantly live in extreme poverty, and due to their actual and perceived lack of choice, are forced to latch onto any opportunity that comes their way just to be able to bring home food for themselves and for their families. Necessity and despair force both traffickers and their victims to do what they think they need to do, even if it means resorting to illegal and dehumanizing means. 

The hopeless deceive the hopeless with promises of greener pastures and a better life while concealing the risks, dangers, and reality.

Inequality, poverty, and social disparity are at the center of this issue and if Vietnam desires long-lasting permanent change regarding human trafficking, these need to be rightfully addressed and resolved. 

Granted, non-governmental organizations and volunteer groups, such as the Blue Dragon Children’s Foundation, exist and are already doing their part to help alleviate this situation. However, they lack the funds, manpower, and machinery to continuously push forward to bring about definite progress; only the Vietnamese government has an abundance of all three. And yet, the government seems content with keeping the status quo and staying at Tier 2. 

Hence, unless some form of change occurs within the government, or the human trafficking trade suddenly becomes less lucrative for those corrupt and morally bankrupt officials involved in it, more Vietnamese people face the risk of suffocating to death in a cramped enclosed space, thousands of miles away from their homes and loved ones.

Bibliography:

  1. BBC News. (2021, January 22). Essex lorry deaths: Men jailed for killing 39 migrants in trailer. BBC News. https://www.bbc.com/news/uk-england-essex-55765213.
  2. Gentleman, A. (2020, December 21). Essex lorry deaths: two found guilty over manslaughter of 39 Vietnamese people. The Guardian. https://www.theguardian.com/uk-news/2020/dec/21/essex-lorry-trial-two-found-guilty-over-deaths-of-39-vietnamese-people.
  3. Thuy, H. (2019, October 27). PM orders investigation into overseas trafficking of Vietnamese citizens – VnExpress International. VnExpress International – Latest news, business, travel, and analysis from Vietnam. https://e.vnexpress.net/news/news/pm-orders-investigation-into-overseas-trafficking-of-vietnamese-citizens-4002921.html.
  4. Bohane, H. (2021, June 11). Vietnam: Human trafficking on the rise amid COVID: DW: 11.06.2021. DW Made for Minds. https://www.dw.com/en/vietnam-human-trafficking-on-the-rise-amid-covid/a-57853994
  5. The United Nations: Office on Drugs and Crime. (n.d.). Human-Trafficking. United Nations : Office on Drugs and Crime. https://www.unodc.org/unodc/en/human-trafficking/human-trafficking.html.
  6. Office To Monitor And Combat Trafficking In Persons. (2021, July 1). 2021 Trafficking in Persons Report: Vietnam. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/vietnam/
  7. Nguyen, J. (2021, July 17). Q&A: What You Should Know About The Human Trafficking Situation In Vietnam. The Vietnamese. https://www.thevietnamese.org/2021/07/qa-what-you-should-know-about-the-human-trafficking-situation-in-vietnam/.
  8. Minh, H. L. (2020, January 18). 10 Facts About Human Trafficking in Vietnam. The Borgen Project. https://borgenproject.org/10-facts-about-human-trafficking-in-vietnam/. 

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Human Trafficking

Q&A: What You Should Know About The Human Trafficking Situation In Vietnam

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Photo credit: VnExpress/Nguyen Phuoc Vu (background photo), U.S. Department of State (screenshot photo). Graphic: The Vietnamese Magazine.

On July 1, 2021, the U.S. Department of State released its annual global report on human trafficking. The 2021 Trafficking in Persons report ranked Vietnam as a “Tier 2 Watch List” [1] for the third consecutive year.

According to the placement guiding [2], governments that fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards to eliminate human trafficking are placed on “Tier 1.” In contrast, countries that fail to meet minimum standards but make a significant effort to comply are ranked as “Tier 2.” 

However, these Tier 2 countries also risk being placed on a “Tier 3 Watch List” if they do not take “concrete actions” to combat the increasing number of human trafficking victims or if they fail “to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year.” 

Without a further genuine effort to improve the current situation, Vietnam could be downgraded to “Tier 3,” which might lead [3] to restrictions on financial assistance from the United States, the freezing of officials’ assets, and restrictions on immigration.

Human trafficking map, East Asia & Pacific region. Source: U.S. Department of State.

What is Vietnam’s current situation?

In Vietnam’s case, the State Department declares that the Vietnamese government “does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.”

The report acknowledges considerable efforts taken by Vietnam to eliminate human trafficking, including ramping up prosecutions against human traffickers, passing legal revisions to terminate hefty brokerage fees. Brokerage fees will make workers fall victim to debt bondage, and later they would be susceptible to forced labor. 

It also notices that Vietnam has enhanced worker protections, strengthened law enforcement, increased financial budgets to assist victims of trafficking, provided protection services for identified victims, and implemented extensive awareness programs in vulnerable ethnic communities.

Nevertheless, the country has not demonstrated sufficient effort regarding its anti-trafficking protocols, given the impact of Covid-19 on the overall capacity to combat illegal human trading activities, compared to the previous period. Furthermore, the report states that Vietnam has also fallen short on systematically identifying victims of trafficking, which results in “some victims [being] penalized for unlawful acts [that] traffickers [compel] them to commit.”

Who are the primary victims and offenders of trafficking activities?

The Blue Dragon Children’s Foundation, a non-profit charity that rescues and helps the victims of human trafficking in Vietnam, stated in a study [4] that over 60 percent of victims and traffickers come from ethnic minority groups, such as Hmong or Thai. Some of Vietnam’s northern border provinces, in which diverse groups of ethnic people dominate, witness the highest rates of illegal trafficking and border crossings.

According to the charity’s latest analysis [5], between 2012 and 2020, Hmong people accounted for over 32 percent of the total victims and 33 percent of the total traffickers, while only making up 1.4 percent of the country’s population.

Also, the traffickers, as well as their victims, share poor economic and educational backgrounds. Most of the prosecuted traffickers, around 80 percent, are illiterate or did not finish high school.

The lack of general knowledge about laws and human rights, coupled with grinding poverty, proves to be the main reason these people take up [6] trafficking or recruitment to generate extra income and “escaping” poverty.

At the same time, people between 19 to 25 years old are the most vulnerable to these illicit activities, while children under 16 account for 42 percent of the total number of trafficked victims. Based on gender, all of the 199 trafficked victims recorded by Blue Dragon were females. Meanwhile, male traffickers comprise nearly 60 percent of total prosecuted offenders.

In a majority of cases, the traffickers have close relationships with the victims. They could be their friends, family members, relatives, neighbors, or acquaintances.

Source: Blue Dragon Children’s Foundation. Graphic by South China Morning Post.

What are the common forms of trafficking?

Following the data compiled by the Blue Dragon Foundation, forced marriage and domestic servitude accounted for the majority of all prosecuted cases. The victims, mostly women, are often lured and misled by false promises of well-paid job opportunities in foreign countries, but they are eventually forced into marriage with Chinese men.

Other forms of human trafficking, which include [7] forced labor and commercial sex, are also ubiquitous.

Vietnamese workers, especially under labor export programs, are subject to forced labor when they cannot pay off their debts to their recruitment company. Meanwhile, some Vietnamese female workers travel to other Asian countries for brokered jobs [8] as hostesses in massage parlors, karaoke bars, or restaurants.

What are Vietnam’s prosecution laws against trafficking?

Overall, the Vietnamese government has displayed visible efforts in reinforcing its existing legal framework against human trafficking. The current anti-trafficking legislation [9] of Vietnam includes:

  • Article 150 of the Penal Code, which criminalizes labor trafficking and sex trafficking of adults. Offenders face up to 10 years of imprisonment and up to 100 million dong (US$4,330) in fines.
  • Article 151 of the Penal Code, which criminalizes labor trafficking and sex trafficking of children under 16. Offenders face up to 12 years of imprisonment and up to 200 million dong fines.

Despite being regarded as “sufficiently stringent” in the State Department’s report, current prosecution laws against trafficking in Vietnam still contain certain loopholes.

For example, the application of Article 150 to cases involving children between the ages of 16 and 17 remains ambiguous, leading them to be treated as adults. Therefore, the article does not fully constitute all forms of child trafficking.

Other notable shortcomings include the lack of law enforcement regarding domestic trafficking and forced labor, especially with male victims, and the insufficient training of law enforcement officers in handling such cases. These are some limitations that could hinder the country’s progress towards eliminating labor exploitation and the illegal activities of human trafficking.

What improvements could be made by Vietnam?

The State Department’s report proposed prioritized recommendations that the Vietnamese government could implement to improve the situation. 

These recommendations focus on:

  1. Bolstering collaboration with NGOs and civil society;
  2. Amending existing loopholes;
  3. Training law enforcement officials in domestic trafficking cases;
  4. Implementing policies;
  5. Increasing national funding for provincial-level authorities to assist victims of trafficking; and
  6. Inviting independent bodies to verify the government has terminated forced labor in rehabilitation centers.

Bibliography:

  1. Office To Monitor And Combat Trafficking In Persons. (2021, July 1). 2021 Trafficking in Persons Report: Vietnam. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/vietnam/
  2. Office To Monitor And Combat Trafficking In Persons. (2021a, July 1). 2021 Trafficking in Persons Report. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/
  3. Nguyen Dinh Thang. (2021, July 4). Buôn người: Việt Nam ở sát bờ vực chế tài theo luật Hoa Kỳ. Mach Song Media. https://machsongmedia.org/vietnam/chong-buon-nguoi/1727-buon-nguoi-viet-nam-o-sat-bo-vuc-che-tai-theo-luat-hoa-ky.html
  4. Sen, N. (2021, July 8). Young members of ethnic minority groups most at risk in Vietnam-China human trafficking trade: report. SCMP. https://www.scmp.com/week-asia/politics/article/3140227/young-members-ethnic-minority-groups-most-risk-vietnam-china
  5. Blue Dragon Children’s Foundation. (2021, July). Human Trafficking & Traffickers in Vietnam. Blue Dragon Children’s Foundation. https://www.bluedragon.org/wp-content/uploads/2021/07/Profile-of-trafficking-in-Vietnam.pdf
  6. Ibid., [4]
  7. Ibid., [1]
  8. RFA. (2021b, July 1). Việt Nam tiếp tục nằm trong danh sách cần phải theo dõi về tình trạng buôn người trong báo cáo của Bộ Ngoại giao Mỹ. Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/news/vietnamnews/human-trafficking-report-vn-stay-in-watch-list-tier-2-07012021203901.html
  9. Ibid., [1]

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Death Penalty

A Spark Of Hope For Ho Duy Hai’s Family As New Alibi Emerges

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Photo credit (background): Canva. Photo credit (from left to right): Ho Duy Hai’s family, Nguyen Lan Thang. Graphic design: The Vietnamese Magazine

On June 24, 2021, Attorney Tran Hong Phong, the lawyer for Ho Duy Hai and his family in their petition for his wrongful death penalty case, published a letter on his Facebook account, providing a new alibi regarding the case. Five lawyers (including Phong), two journalists working for a law newspaper, and Ho Duy Hai’s family jointly signed the letter.

The letter, which had been previously sent to the Procurator of Supreme People’s Procuracy of Vietnam and the Vietnamese authorities, provides convincing proof [1] to demonstrate that Ho Duy Hai was not the murderer of two post office workers in Long An Province in 2008.

Alternatively, the new evidence shows that on the evening of January 13, 2008, Ho Duy Hai actually did not go to Cau Voi Post Office, where the murder took place, but rather attended the funeral of Ho Chi, also known as Tu Lan, a neighbor who lived just 500 meters from Hai’s house.

Furthermore, the new evidence also shows that Ho Duy Hai was at the funeral from 7:50 pm until 9 pm, which coincides with the time the Long An Police investigative agency alleged he had entered the Cau Voi Post Office, at around 7:30 pm, to murder the two victims at around 8:30 pm allegedly. Seven witnesses, who also attended the funeral, including the deceased’s wife, have confirmed this fact.[2]

Ho Duy Hai received a death penalty for his convictions of homicide and robbery, despite “serious procedural shortcomings”[3] and violations of the defendant’s right to a fair trial. 

This controversial and invalid case has set his family and their attorney on a decade-long journey [4] of calling for the suspension of his execution. They finally reached a cassation trial [5] in 2020, but Ho Duy Hai was once again declared guilty of the crimes and sentenced to death.[6]

Although the presumption of innocence has been recognized [7] in its 2015 Criminal Procedures Code, Vietnam has fallen short of actually practicing this principle in its criminal proceedings. Quite commonly, the number of cases and the speed at which a case must be solved dwarf the importance of proper due process to uphold a fair and just trial. 

A local lawyer explained [8] that investigative agencies could deploy “professional” methods to extract forced confessions from people since these agencies “often hold prejudices” against the accused. Also, earlier this month, the People’s Court of Dak Song District, in Dak Nong Province, held [9] nearly 60 “pretend” trials, to meet its quota for a local judge to be reappointed, without any real defendants or victims.

However, the new evidence provided by his attorney might prove that Ho Duy Hai was wrongfully convicted, which would be a spark of hope for both the defendant and his family as the possibility of retrial could be high.

To strengthen the validity of the new proof, Attorney Phong confirmed that all seven witnesses “voluntarily provided the information and confirmation letters to affirm that their testimonies are true and vowed to take full responsibility under the law […].” 

In their letter, the attorney and the signees demanded Vietnamese government officials expeditiously verify the evidence, review the cassation decision, release defendant Ho Duy Hai on bail while awaiting verification; and review and resolve their previous petitions and demands.

The case of Ho Duy Hai has drawn wide attention from both national and international audiences, as he was convicted of murder and later sentenced to death via an opaque and unfair trial.

Bibliography:

[1] RFA. (2021, June 25). Vụ án Hồ Duy Hải: Luật sư cung cấp bằng chứng ngoại phạm mới. Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/news/vietnamnews/ho-duy-hai-case-lawyer-provides-new-proof-06252021081856.html

[2] HCMC Reporters. (2021, June 25). Vụ án tử tù Hồ Duy Hải: Luật sư cung cấp tình tiết bất ngờ. Dân Việt. https://danviet.vn/vu-an-tu-tu-ho-duy-hai-luat-su-cung-cap-tinh-tiet-bat-ngo-2021062515064789.htm

[3] Will, N. (2019, December 3). After Decade of Petitions, Vietnam to Re-consider Case of Death Row Inmate Ho Duy Hai. The Vietnamese Magazine. https://www.thevietnamese.org/2019/12/after-decade-of-petitions/

[4] Vi, T. Q. (2019, September 29). Wrongful Death Penalty Cases And The Families That The Inmates Left Behind. The Vietnamese Magazine. https://www.thevietnamese.org/2019/09/wrongful-death-penalty-cases-and-the-families-that-the-inmates-left-behind/

[5] Thereporter. (2020a, May 7). Ho Duy Hai’s Cassation Trial. The Vietnamese Magazine. https://www.thevietnamese.org/2020/05/ho-duy-hais-cassation-trial/

[6] Thereporter. (2020b, May 9). Ho Duy Hai’s Case Reaffirmed, Sentenced to Death Again. The Vietnamese Magazine. https://www.thevietnamese.org/2020/05/ho-duy-hais-case-reaffirmed-sentenced-to-death-again/

[7] V.L.L.F. (2018, June 1). Legal experts discuss presumption of innocence, due process principles in criminal proceedings. Vietnam Law and Legal Forum. https://vietnamlawmagazine.vn/legal-experts-discuss-presumption-of-innocence-due-process-principles-in-criminal-proceedings-6244.html

[8] Thi, D. (2021, June 25). Liệu có tái thẩm vụ án Hồ Duy Hải với chứng cứ ngoại phạm mới? Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/in_depth/will-the-ho-duy-hai-case-be-retrial-with-new-alibi-dt-06252021114054.html

[9] Duong, D. (2021, June 6). Tòa huyện lập gần 60 vụ án “ảo” để. . . một thẩm phán được bổ nhiệm lại? Dan Tri. https://dantri.com.vn/xa-hoi/toa-huyen-lap-gan-60-vu-an-ao-de-mot-tham-phan-duoc-bo-nhiem-lai-20210606162322706.htm

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