Hội Nghị Geneva về Nhân Quyền và Dân Chủ 2012
Vietnam: The Forgotten Fight for Freedom
Addressed the backwardness of the judiciary system in Vietnam, as one of the last communist states in the world. The economic growth, compounded by a political system that is serf-serving, has created has fueled economic inequalities. He stated “ In this country where only the communist party has the right to exist repression is relentless.” He spoke of the regimes attempt to gain greater visibility by joining international bodies such as the WTO, presiding over ASEAN and becoming a candidate of the Human Rights Council for the 2014 term. The regime wants to give the appearance of a civilized country. Yet he states “ the authorities twist the law to stop political opposition.” such as by manipulating the constitution. However, he states because the “justice system takes orders from the communist party, it is useless to talk about the independence of a judiciary system.” Authority deliberately maintain ambiguity of articles in the Penal Code, so they can detain anyone at any place, for any reason.
For example, Article 48 stipulates persons placed on pre-trial detention must be informed of their charges. Yet those who drafted this omitted to mention the time limit. He spoke of a case of a personal friend, who only heard charges after having spent several weeks. Lawyers are also not allowed to meet with clients before investigation period is over which can last a year. They are alone with interrogation period, tortured and deprived of food sometimes, so they would confess. When the place is sure that there is not anything else for confession then they have monitored meetings with their lawyer. Meetings sometimes are allowed to take only one week before trial starts which makes it difficult for lawyer to establish his case. In addition trials are usually predetermined, and family members are prevented from being present.“Is this democratic?”
As Vietnam does not allow appeals, this privilege he stated is reserved for the prosecution. There is no way for them to contest the sentence that has been given. In addition, if a lawyer challenges and is not conforming with the judiciaries will, they are expelled from the bar. He spoke of a victim Mr. Van Dong who was expelled in august of 2011, but if he continues to work for democracy then they isolate him and there are financial reprisals, and force of re-education. “Vietnam is trying to show that it is civilized but you can see that the country is one of the most backward regimes in the world, in terms of its judiciary.”
http://www.genevasummit.org/press/52...gle_for_reform
Born in Vietnam, Michel Tran Duc fled the communist regime in 1983 at the age of 11 and settled down with his family in France. He has been a human rights activist for more than 20 years and is a frequent speaker on Vietnam-related issues. He is currently Europe advocacy director for Viet Tan, a pro-democracy party with members in Vietnam and around the world. He is a graduate of Evry Universtity in 1998 and work as Project Manager for a Computer Engineering Company.
http://www.genevasummit.org/speaker/102/michel_tran_duc
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