vietnam death penalty

One foreign tourist witnessed the execution of Phan Huu Ha in the province of Lao Cai, and reported that a crowd of over 100 people had been brought in to watch the execution. In 2001, drug trafficking alone prompted 55 death sentences. Source: The Vietnamese. The comparative study of death penalty policy is a relatively new and unpracticed discipline, and few of the existing studies concentrate on regional rather than global comparisons. Official figures from Vietnam's Ministry of Public Security showed that 429 prisoners were executed between August 2013 and June 2016. The Head of the Supreme People’s Procuracy of Vietnam petitioned, or the Chief Justice of the Supreme People’s Court requested the Judicial Committee to review their decision in the cassation trial. The ministry also recommended that firing squads be replaced by lethal injection because it was a "more humane" method of execution, and also because of the adverse psychological effect on the executioners, especially when the condemned was a female. After reforms during the 2000s, "the death penalty was effectively abolished on certain crimes, such as robbery, disobeying orders or surrendering to the enemy. [5], The death penalty cannot be applied to juvenile offenders, pregnant women, and women nursing children under 36 months old at the time the crime was committed or being tried. The court will continue the case with discussions of the court and the other governmental entities. She is alleged to have lost $5.4m (£2.36m) in a series of speculative currency deals with at least three foreign banks based in Vietnam - in particular the Dutch bank ABN Amro, one of . Experts on both side of the issue speak out both for and against capital punishment and the rationale behind their individual beliefs. 3-4 prisoners are detained in each cell. 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). The firing squad was replaced by lethal injection in November 2011 after the Law on Execution of Criminal Judgments (in article 59(1)) was passed by the National Assembly of Vietnam. Found insideIt is easy to forget that the death penalty was an accepted aspect of Canadian culture and criminal justice until 1976. The Practice of Execution in Canada is not about what led some to the gallows and others to escape it. Mr. Found insideAs a pioneer of the modern legal novel and a criminal lawyer, Scott Turow has been involved with the death penalty for more than a decade, including successfully representing two different men convicted in death-penalty prosecutions. There were so many accused that the proceedings, which lasted 17 days, had to be held . Vietnam: Death Penalty For Drug Smugglers. The U.S. Embassy in Hanoi was unable to provide immediate comment. Found inside – Page 256death. penalty. cannot. be. a. remedy. for. corruption. As legislators in Hanoi consider removing “war crimes” and “surrendering to the enemy” from Vietnam's list of capital offenses, ongoing debates at the National Assembly suggest ... The method of execution in the country was changed from the firing squad to lethal injection in September 2011 when the government issued Decree 82/2011/NĐ-CP (link in Vietnamese). một thẩm phán được bổ nhiệm lại? 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. The former chairman of the state-run PetroVietnam has been handed a death sentence after being found guilty of embezzlement, intentionally breaking state rules on economic management and abusing his position and power. Capital punishment — the death penalty — is the most serious punishment society can impose on someone for committing a crime. Yet, if we look at them from an international law perspective, they might have violated the defendant’s right to a fair trial. "-.W,"," VIETNAM LA\VYERS ASSOCIATION THE XVII'"ADI. However, according to the country's Ministry of Public Security, 429 people were executed between August 2013 and June 2016 at a rate of 140 executions a year. Vietnam's penal code allows the death penalty for 29 crimes, from murder and terrorism to receiving bribes of 300 million dong (US$14,300) or more, but the vast majority of those on death row are there for drug offenses. In Vietnam, the death penalty pronounced against two villagers. The death penalty in Vietnam is classified as “state secret.” But from time to time, bits and pieces of information from the government do surface, giving the public some glimpses on the statistics and the details of the practice in the country. Capital punishment is a legal penalty in Vietnam for a variety of crimes. Women's rights. There is considerable secrecy around the death penalty in Vietnam. A general view of the Vietnam National Assembly (Parliament) is seen during the opening ceremony of its 2015 spring session in Hanoi May 20, 2015. Capital punishment is most frequently used to sanction drug-related offences, followed by corruption, black-market and violent crimes. [1] RFA. No murder weapons. Therefore, they affirmed the lower courts’ decisions, effectively sentenced Hai to death again. A revision to the penal code eliminates the death penalty for crimes such as drug possession, fraud and corruption. These reforms reportedly arose from an ambition to advance human rights. Death Penalty The use of the death penalty is frequent in the Socialist Republic of Vietnam. However, the Vietnamese government admitted in a 2003 submission to the UN Human Rights Committee that "over the last years, the . However, the Vietnamese government admitted in a 2003 submission to the UN Human Rights Committee that "over the last years, the . What are the critical factors that determine whether a country replaces, retains or restores the death penalty? Why do some countries maintain the death penalty in theory but in reality rarely invoke it? This proceeding does not review the facts of the case. If this trial exonerates my older brother Hai, then I will believe justice is still present in Vietnam. Photo credit: Reuters On January 19, a day after saying it had tried in vain to stop Indonesia from executing a Vietnamese drug convict, Vietnam, where heroin trafficking is rampant, sentenced eight drug mules to death. Topics: International Human Rights Vietnam Death Penalty Executions were once carried out by a firing squad of seven police officers, where the prisoners were blindfolded and tied to stakes. Wrongful Death Penalty Cases And The Families That The Inmates Left Behind. Found inside – Page 187Vietnamese Catholics praised a milestone meeting between the communist nation's premier and Pope Benedict XVI for ... having published articles relating to politics and human rights in Vietnam Death penalty Vietnam is thought to have ... Hanoi: Vietnamese prosecutors recommended on Friday (Dec 20) that the country's former information minister be handed a death sentence for bribery and corruption crimes, state media reported. Found inside – Page 169THE DEATH PENALTY IN NUMBERS IN DEATH PENALTY ASIA-PACIFIC RETENTIONIST STATES2 Thousands of persons are sentenced to face the ... In 2019, reports suggest that States including Bangladesh, Pakistan, China, North Korea, Japan, Vietnam, ... In one of our previous articles, we detailed the facts of his wrongful conviction in 2008. It is led by Mr. Nguyen Hoa Binh, the current Chief Justice of Vietnam. However, from Tuoi Tre newspaper, the highest court has made an exception in this case to invite Ho Duy Hai’s attorney to attend. Photo: Reuters. In Drugs and Drug Policy: What Everyone Needs to Know Mark A. R. Kleiman, Jonathan P. Caulkins, and Angela Hawken will provide a comprehensive introduction to domestic drug policy. Execution is by firing squad. For twelve years Robert Blecker, a criminal law professor, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder. On May 8, 2020, around 15:30 Hanoi’s time, the 17 members-committee of the Supreme People’s Court of Vietnam reaffirmed Ho Duy Hai’s lower courts’ decisions and again sentenced him to death. According to the Penal Code, the following chapters contain the relevant articles that apply to capital punishment. Crime and Capital Punishment Death Penalty Discussion and Debate Vietnam Briefing: Vietnam Records New COVID-19 Milestones; Human Rights And Regional Cooperation Become Key Issues During U.S. Vice President Kamala Harris’ Visit To Vietnam, LIV’s Petitions The Aid Of U.S Vice President Kamala Harris In The Release of Pham Doan Trang, Your email address will not be published. https://www.rfa.org/vietnamese/news/vietnamnews/ho-duy-hai-case-lawyer-provides-new-proof-06252021081856.html, [2] HCMC Reporters. The name of the lethal drugs used for executions in Vietnam is still UNKNOWN. Vietnam abolishes death penalty for 7 crimes. Save my name, email, and website in this browser for the next time I comment. Over the past few years, the authorities have increasingly encouraged the practice of public executions, ostensibly to discourage crime. Le said that he would do all that he could to push for Vietnam’s Congress to intervene with this case. The alleged “weapons” were purchased at a market by the police. These proposals were never adopted. Even though there is a death penalty for drug trafficking in Qatar, executions are relatively rare. Vietnam. The June 29, 1972 Furman v.Georgia Supreme Court ruling placed a de facto moratorium on the death penalty in the United States.Many states amended their laws to comply with the mandates of the Furman decision and reinstate capital punishment after the 1972 ruling. In Vietnam’s one-Party state, the judiciary is not independent, and the influence of the Communist Party is pervasive. 3. Vụ án Hồ Duy Hải: Luật sư cung cấp bằng chứng ngoại phạm mới. The High People's Court in Ho Chi Minh City on Friday rejected an appeal and upheld the death penalty against a 29-year-old woman for having illegally transported narcotics from Cambodia into Vietnam for 19 times. The eyewitness did not know Ho Duy Hai at the time and he did not recognize the person he saw was Hai. 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. "-.W,"," VIETNAM LA\VYERS ASSOCIATION THE XVII'"ADI. This book offers the first major English language empirical investigation and comparative analysis of regulation, jurisprudence, court procedure, and practices relating to drugs law enforcement in these three states. Found inside – Page 4Clemency in Southeast Asian Death Penalty Cases Daniel Pascoe. Vietnam)," in a search for patterns which explain why some countries in the region make use of capital clemency far more often than do others. Southeast Asia is an excellent ... November 27, 2015 8:11AM ET. The proposal must be approved by the National Assembly to become law. 1 This article makes the case for a regional approach by summarizing some of the most . The cassation trial is the highest court’s proceeding in a case in Vietnam. 2006 100 Thanh Nien, February 3, 2006 reported that "around 100 people are executed by firing squad each year." According to the Vietnamese and international press, at least 100 people are executed each year in Vietnam. 2004 70 International Federation for Human Rights, "The Death Penalty in the Socialist Republic of Vietnam," October 9,2008. Former information minister Nguyen Bac Son was accused of receiving $3m in bribes to help a deal with a mobile company. Vietnam applies the death penalty is cases of trafficking of 100 grams of heroin or 300g of other illegal narcotics, replacing firing squads with lethal injection three years ago. [1] Vietnam is one of the countries listed by the US Administration as a "major illicit drug-producing or drug-transit countries". David T. Johnson and Franklin E. Zimring. The definition of "national security" crimes is extremely broad, and the United Nations has frequently expressed concern that critics in Vietnam may be sentenced to death under these provisions simply for the peaceful exercise of the right to free expression. Sex All Around The House - Spice Up Lovemaking With Household Items - http://goo.gl/MRzZyfGet Paid To Take Photos! FIDH and VCHR are deeply disturbed by the use of the death penalty to sanction vaguely-defined "national security" crimes in Chapter XI of the Vietnamese Criminal Code. Ho Duy Hai’s Case Reaffirmed, Sentenced to Death Again. This book includes perspectives from a broad range of victims. including family members of the crime victims; convicted persons whose rights are violated by the justice system through wrongful convictions, unequal and discriminatory ... [3] The first execution conducted by lethal injection was of Nguyen Anh Tuan, convicted of murdering gas station employee Bui Thi Nguyet on August 6 2013. At the cassation trial on May 6, 2020, the Supreme People’s Procuracy of Vietnam stated its decision to request this trial as follows: Accordingly, as reported by Justice newspaper in Vietnam, the decisions from both the trial court and appellate court in Ho Duy Hai’s case were inconsistent with the objectivity of the case; the gathering and examining of evidence and data were not completed, and the case contained a lot of conflicting issues but was not clarified. On February 27 last year, border guard officers at My Quy Tay Border Gate in Duc Hue District, Long An Province detected a bag . People have discussed the case because many of them saw the injustice of Ho Duy Hai’s judgment during the last twelve years. (2020b, May 9). In this engaging work, experienced journalist Bill Hayton looks at the costs of change in Vietnam and questions whether this rising Asian power is really heading toward capitalism and democracy. Vietnam, A Step Closer to Democracy With The Latest Nationwide Protests? During 2016 little or no information was available on some 20 Vulnerable groups in Vietnam, such as juveniles and women are excluded from the death penalty (Amnesty International 2013; World Coalition against the Death Penalty 2013). Five lawyers (including Phong), two journalists working for a law newspaper, and Ho Duy Hai’s family jointly signed the letter. In June last year, Thai design student Preeyanooch Phuttharaksa, 23, was handed the death penalty for trafficking 3kg of methamphetamine by the Ho Chi Minh City court, while in October, a 61-year . The lethal injection room at San Quentin State Prison in California. Since established in 1961, Amnesty International has been calling on countries around the world to abolish the death penalty. Work a. Photo credit (background): Canva. Journalist Pham Doan Trang Can Still Be Freed In Vietnam. 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). 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]. Would Hai’s life be saved under Vietnam’s laws? The UN Committee Against Torture (UN-CAT) raised concerns over the mistreatment of prisoners on death row in its initial report on Vietnam in 2018, In particular, the CAT Committee is concerned about the “reports of the physical and psychological suffering of persons sentenced to the death penalty as a result of their particularly harsh conditions of detention that may amount to torture or ill-treatment, including solitary confinement in unventilated cells; inadequate food and drink; being shackled round-the-clock; being subjected to physical abuse; and who often commit suicide and develop psychological disorders as a result.”. Found inside – Page 378Vietnam rarely applies the death penalty 23 6.61 in practice 5. Other opinion, or those without an expressed reason 15 4.31 Totals 348 100 Source: School of Law, Vietnam National University Hanoi, Survey Project on Death Penalty: Report ... Vietnam orders execution of former oil exec in massive corruption purge. Ho Duy Hai’s Cassation Trial. However, in September 2008, law experts at a criminal-law drafting session of Ho Chi Minh City’s Bar Association strongly opposed the proposal to remove capital punishment for crimes of corruption and bribery because of the climate of endemic official corruption in Vietnam (Thanh Nien, Youth, 6 September 2008). One of them was Huy Duc, the author of the book The Winning Side (Ben Thang Cuoc). In many countries governments do not publish information on their use of the death penalty. Found insideNEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes ... This trial is expected to last for three days at the Supreme People’s Court of Vietnam in Hanoi which is the highest court of the country. The cassation trial is a special court proceeding in Vietnam to review the lower court’s decisions. The 34 chapters in this book are largely composed of interviews--with the men on death row, with individuals fighting the death penalty, and with the families of the condemned. materials which are not State secrets) for use by foreign countries against the Socialist Republic of Vietnam". (Reporting by James Pearson; Editing by Ed Davies and Nick Macfie) 4. On May 6, 2020, a cassation trial started for Ho Duy Hai – a death-row inmate in Vietnam. September 15, 2020 by archyde. Globally, of the 195 independent states that are UN members or have UN observer status, 108 countries have completely abolished it de jure for all crimes, 7 have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes) and 27 are abolitionist in practice, while 53 countries . 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 […].”. Ho Duy Hai’s family believes justice will come when Hai is exonerated, Hai’s younger sister, Ho Thi Thu Thuy, stated: “I desperately hope that this trial will happen in a transparent, equal manner and that it will practice justice. Found inside – Page 133Vietnam In Vietnam , the death penalty is provided for 34 offences , ranging from rape and murder to different crimes against national security , drug trafficking and financial crimes . According to the official daily Vietnam News ... Using a set of typical legal research methods, in particular, legal history, doctrinal research, philosophy of law and, sociology of law, the article analyzes the change and reform of capital offences in Vietnamese laws. 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