Source: MSN (4 August 2022)
https://www.msn.com/en-gb/news/uknews/vietnamese-justice-sentences-seven-people-to-death-penalty-for-drug-trafficking/ar-AA10h7Xg
The judiciary in Dong Thap province in southern Vietnam has sentenced seven people to death, while two others have been sentenced to life imprisonment and 20 years in prison, respectively, in a drug trafficking case.
The judicial authorities have found them guilty of the crimes of "illegally storing, transporting and organizing drug consumption", according to the verdict released by the Dong Thap People's Court.
Provincial police intercepted one of the defendants in August 2020 while driving a car loaded with nearly 46 kilograms of drugs, including heroin, methamphetamine and keratin.
Already during the trial, the defendants admitted to transporting drugs from Cambodia to Vietnam on as many as thirteen occasions with goods ranging from 20 to 45 kilos.
Thus, the Dong Thap People's Court ruled that the activities carried out by the group were harmful to society, which was the reason for the death penalty.
Vietnamese law is particularly harsh on drug trafficking, since the production or sale of 100 grams of heroin or cocaine, or 300 grams of methamphetamine, is punishable by death.
Human rights organizations have repeatedly urged the Vietnamese authorities to abolish capital punishment. This is the highest number of executions handed down in a single case so far this year.
Showing posts with label Viet Nam. Show all posts
Showing posts with label Viet Nam. Show all posts
Saturday, 6 August 2022
Wednesday, 17 April 2019
Death penalty: as world executes fewer prisoners, Singapore, Vietnam and Thailand are killing more
Source: South China Morning Post
https://www.scmp.com/week-asia/politics/article/3005583/death-penalty-world-executes-fewer-prisoners-singapore-vietnam
The world may be turning its back on the death penalty, according to report by Amnesty International, but Singapore, Vietnam and Thailand are going in the other direction.
Globally, the number of executions has hit its lowest level in a decade, having fallen to 690 last year from 993 in 2017, according to the human rights watchdog’s 2018 death penalty report. While Southeast Asia as a region is broadly in line with that trend – with seven of the 10 Asean (Association of Southeast Asian Nations) members carrying out no executions last year – the other three states are carrying out more.
Vietnam is the region’s most prolific executioner. It executed 85 people in 2018, more than any other Asean member. It also handed down 122 death sentences, meaning it now has more than 600 prisoners on death row. Meanwhile, Thailand carried out its first hanging since 2009 and Singapore hanged 13 people – its most since 2003. The Thailand execution was of a murderer; in Singapore most of the executions were of drug offenders. Vietnam, which uses lethal injections, executed people for a variety of offences, including murder, drug crimes and national security violations.
Amnesty International’s secretary general Kumi Naidoo said despite the fall in executions worldwide some states were “shamefully determined to buck the trend”.
Singaporean anti-death penalty activist Kirsten Han said the global trend made it even “more disappointing” that Singapore, Thailand and Vietnam were “still clinging on to this archaic, cruel punishment”.
“In 2018 we have seen more executions in Singapore than for a long time, even though there is a lack of evidence that it’s more effective at deterring crime than any other punishment,” she said.
And Amnesty International Malaysia’s executive director Shamini Darshni Kaliemuthu said that despite the global trend, campaigners still had their work cut out. She pointed out that the
Philippines, which abolished the death penalty in 2006, was now looking to restore it.
“Efforts should be intensified, not lessened. Countries that are pushing for the death penalty are using political populism to retain or reintroduce it, despite research proving that it is not an effective deterrent. Politicians and leaders use the death penalty to show they want to be tough on crime, despite it not impacting the crime rate.”
Her view was echoed by legal adviser and human rights activist Michelle Yesudas, who said that despite the progress it was disheartening to see some nations “taking a hardline stance on retribution and executions”. “As Singapore chalks up increased executions, Brunei, an abolitionist country in practice for more than 20 years has now included stoning to death as punishment and the Philippines is considering the reinstatement of the death penalty. These moves ride on a wave of anti-crime rhetoric and the false idea that the death penalty is a deterrent and these narratives must be countered.”
For anti-death penalty campaigners, one of the highlights of last year was a commitment by
Malaysia to do away with capital punishment.
However, the former Malaysian representative to the Asean Intergovernmental Commission on Human Rights, Edmund Bon, noted that so far no other Asean nation had shown signs of following its lead.
Last May, Malaysian voters unseated the ruling Barisan Nasional coalition in favour of the more progressive Pakatan Harapan, which set about a series of legal reforms including a moratorium on the death penalty. The government, however, has not yet decided what will happen to the 1,275 prisoners already on death row.
Globally, China remains the world’s most prolific executioner. Amnesty International’s report said it believed the number of executions to be in the thousands, but it could not give an exact figure as the data was a classified state secret. Iran, Saudi Arabia, Vietnam, and Iraq accounted for 78 per cent of the 690 executions in 2018. At least 98 of the executions were for drug-related offences.
There were 136 executions in the Asia-Pacific, up from 93 in 2017, although this increase was attributed mainly to Vietnam disclosing a figure – something it rarely does.
By the end of 2018, 106 countries had abolished the death penalty in law for all crimes and 142 countries had abolished the death penalty in law or practice.
In October last year, Singapore hanged Prabu Pathmanathan, who was convicted of drug trafficking despite appeals from the Malaysian government.
Human rights groups claimed that sentence was carried out in breach of due process.
In 2016, Singapore executed another Malaysian, Kho Jabing, for killing a construction worker. In the same year, law and home affairs minister K. Shanmugam slammed activists for “romanticising individuals involved in the drug trade”.
The minister said capital punishment would remain part of Singapore’s comprehensive anti-drug framework that includes rehabilitating users.
More recently, Singapore hanged Malaysian Michael anak Garing, who was convicted of murder in 2015.
https://www.scmp.com/week-asia/politics/article/3005583/death-penalty-world-executes-fewer-prisoners-singapore-vietnam
The world may be turning its back on the death penalty, according to report by Amnesty International, but Singapore, Vietnam and Thailand are going in the other direction.
Globally, the number of executions has hit its lowest level in a decade, having fallen to 690 last year from 993 in 2017, according to the human rights watchdog’s 2018 death penalty report. While Southeast Asia as a region is broadly in line with that trend – with seven of the 10 Asean (Association of Southeast Asian Nations) members carrying out no executions last year – the other three states are carrying out more.
Vietnam is the region’s most prolific executioner. It executed 85 people in 2018, more than any other Asean member. It also handed down 122 death sentences, meaning it now has more than 600 prisoners on death row. Meanwhile, Thailand carried out its first hanging since 2009 and Singapore hanged 13 people – its most since 2003. The Thailand execution was of a murderer; in Singapore most of the executions were of drug offenders. Vietnam, which uses lethal injections, executed people for a variety of offences, including murder, drug crimes and national security violations.
Amnesty International’s secretary general Kumi Naidoo said despite the fall in executions worldwide some states were “shamefully determined to buck the trend”.
Singaporean anti-death penalty activist Kirsten Han said the global trend made it even “more disappointing” that Singapore, Thailand and Vietnam were “still clinging on to this archaic, cruel punishment”.
“In 2018 we have seen more executions in Singapore than for a long time, even though there is a lack of evidence that it’s more effective at deterring crime than any other punishment,” she said.
And Amnesty International Malaysia’s executive director Shamini Darshni Kaliemuthu said that despite the global trend, campaigners still had their work cut out. She pointed out that the
Philippines, which abolished the death penalty in 2006, was now looking to restore it.
“Efforts should be intensified, not lessened. Countries that are pushing for the death penalty are using political populism to retain or reintroduce it, despite research proving that it is not an effective deterrent. Politicians and leaders use the death penalty to show they want to be tough on crime, despite it not impacting the crime rate.”
Her view was echoed by legal adviser and human rights activist Michelle Yesudas, who said that despite the progress it was disheartening to see some nations “taking a hardline stance on retribution and executions”. “As Singapore chalks up increased executions, Brunei, an abolitionist country in practice for more than 20 years has now included stoning to death as punishment and the Philippines is considering the reinstatement of the death penalty. These moves ride on a wave of anti-crime rhetoric and the false idea that the death penalty is a deterrent and these narratives must be countered.”
For anti-death penalty campaigners, one of the highlights of last year was a commitment by
Malaysia to do away with capital punishment.
However, the former Malaysian representative to the Asean Intergovernmental Commission on Human Rights, Edmund Bon, noted that so far no other Asean nation had shown signs of following its lead.
Last May, Malaysian voters unseated the ruling Barisan Nasional coalition in favour of the more progressive Pakatan Harapan, which set about a series of legal reforms including a moratorium on the death penalty. The government, however, has not yet decided what will happen to the 1,275 prisoners already on death row.
Globally, China remains the world’s most prolific executioner. Amnesty International’s report said it believed the number of executions to be in the thousands, but it could not give an exact figure as the data was a classified state secret. Iran, Saudi Arabia, Vietnam, and Iraq accounted for 78 per cent of the 690 executions in 2018. At least 98 of the executions were for drug-related offences.
There were 136 executions in the Asia-Pacific, up from 93 in 2017, although this increase was attributed mainly to Vietnam disclosing a figure – something it rarely does.
By the end of 2018, 106 countries had abolished the death penalty in law for all crimes and 142 countries had abolished the death penalty in law or practice.
In October last year, Singapore hanged Prabu Pathmanathan, who was convicted of drug trafficking despite appeals from the Malaysian government.
Human rights groups claimed that sentence was carried out in breach of due process.
In 2016, Singapore executed another Malaysian, Kho Jabing, for killing a construction worker. In the same year, law and home affairs minister K. Shanmugam slammed activists for “romanticising individuals involved in the drug trade”.
The minister said capital punishment would remain part of Singapore’s comprehensive anti-drug framework that includes rehabilitating users.
More recently, Singapore hanged Malaysian Michael anak Garing, who was convicted of murder in 2015.
Tuesday, 11 April 2017
'Alarming' executions in Vietnam: Amnesty
Source: The Australian (11 April 2017)
http://www.theaustralian.com.au/news/latest-news/alarming-executions-in-vietnam-amnesty/news-story/12cd7b02b61d356865c56651e4b90ad4
Secrecy around executions continues to plague some Southeast Asian countries, with newly released figures showing the "disturbing" use of the death penalty in Vietnam, Amnesty International says.
At least 1032 people were executed worldwide in 2016, while at least 3117 were sentenced to death, according to Amnesty International's global report released on Tuesday.
The figures, while alarming, are considerably less than the reality because they exclude the thousands of executions believed to have taken place in China.
This secrecy continues to plague some countries in Southeast Asia.
Like China, Amnesty says Vietnam continues to classify figures on the death penalty as state secrets.
However, according to the report, new information obtained this year reveal executions have been carried out at a higher rate than previously understood.
In February 2017, Vietnam media reported statistics by the ministry of public security showing 429 people had been executed between August 2013 and June 2016, at an average rate of 147 executions a year.
"(This) placed Vietnam over a three-year period as effectively the third-biggest executioner in the world," Amnesty International's deputy director of global issues, James Lynch, told AAP, putting it behind China and Iran.
The figures raise as many questions as they answer - with no context provided as to what people were executed for, when they took place or the details of their cases' legal proceedings.
"Secrecy is a huge concern, not only Vietnam but also Malaysia ... when new information comes to light it is disturbing, the number of executions were higher again than people had expected. The size of death row was higher than expected," Mr Lynch said.
"There needs to be a much more structured program of transparency about the imposition of the death penalty to allow for a more informed debate."
Also of concern in the region were calls by the Philippines government to reintroduce the death penalty as a measure to tackle crime and threats to national security.
It's a step backward for Southeast Asia, where the Philippines has been a key abolitionist.
http://www.theaustralian.com.au/news/latest-news/alarming-executions-in-vietnam-amnesty/news-story/12cd7b02b61d356865c56651e4b90ad4
Secrecy around executions continues to plague some Southeast Asian countries, with newly released figures showing the "disturbing" use of the death penalty in Vietnam, Amnesty International says.
At least 1032 people were executed worldwide in 2016, while at least 3117 were sentenced to death, according to Amnesty International's global report released on Tuesday.
The figures, while alarming, are considerably less than the reality because they exclude the thousands of executions believed to have taken place in China.
This secrecy continues to plague some countries in Southeast Asia.
Like China, Amnesty says Vietnam continues to classify figures on the death penalty as state secrets.
However, according to the report, new information obtained this year reveal executions have been carried out at a higher rate than previously understood.
In February 2017, Vietnam media reported statistics by the ministry of public security showing 429 people had been executed between August 2013 and June 2016, at an average rate of 147 executions a year.
"(This) placed Vietnam over a three-year period as effectively the third-biggest executioner in the world," Amnesty International's deputy director of global issues, James Lynch, told AAP, putting it behind China and Iran.
The figures raise as many questions as they answer - with no context provided as to what people were executed for, when they took place or the details of their cases' legal proceedings.
"Secrecy is a huge concern, not only Vietnam but also Malaysia ... when new information comes to light it is disturbing, the number of executions were higher again than people had expected. The size of death row was higher than expected," Mr Lynch said.
"There needs to be a much more structured program of transparency about the imposition of the death penalty to allow for a more informed debate."
Also of concern in the region were calls by the Philippines government to reintroduce the death penalty as a measure to tackle crime and threats to national security.
It's a step backward for Southeast Asia, where the Philippines has been a key abolitionist.
Sunday, 6 December 2015
Vietnam passes law abolishing death penalty for 7 crimes
Source: Herald & Review (27 Nov 2015)
http://herald-review.com/news/world/asia/vietnam-passes-law-abolishing-death-penalty-for-crimes/article_1e1ce2c5-adeb-5ab4-a4ee-7885ecccb1ae.html
HANOI, Vietnam (AP) ― Death sentences imposed on corrupt Vietnamese officials will now be commuted to life in prison if they pay back at least 75 percent of the illegal money they made.
The online newspaper VnExpress said the new regulation was part of the revised Penal Code that an overwhelmingly majority passed in the National Assembly on Friday.
Under the revision, which takes effect July 1, 2016, the country also will abolish the death penalty for seven crimes: surrendering to the enemy, opposing order, destruction of projects of national security importance, robbery, drug possession, drug appropriation, and the production and trade of fake food.
The revised law will also spare the lives of those who are 75 years old or older.
The ruling Communist Party has made fighting corruption one of its top priorities.
However, some lawmakers had voiced opposition to the changes when they were debated in the assembly in June, arguing that they would weaken the fight against corruption.
"This would create a loophole for corrupt officials to use money to trade for their life," state media quoted deputy Do Ngoc Nien as saying at the time.
International human rights groups and some Western countries have been urging Vietnam to abolish its death penalty.
受 Avast 保护的无病毒计算机已发送该电子邮件。
www.avast.com
http://herald-review.com/news/world/asia/vietnam-passes-law-abolishing-death-penalty-for-crimes/article_1e1ce2c5-adeb-5ab4-a4ee-7885ecccb1ae.html
HANOI, Vietnam (AP) ― Death sentences imposed on corrupt Vietnamese officials will now be commuted to life in prison if they pay back at least 75 percent of the illegal money they made.
The online newspaper VnExpress said the new regulation was part of the revised Penal Code that an overwhelmingly majority passed in the National Assembly on Friday.
Under the revision, which takes effect July 1, 2016, the country also will abolish the death penalty for seven crimes: surrendering to the enemy, opposing order, destruction of projects of national security importance, robbery, drug possession, drug appropriation, and the production and trade of fake food.
The revised law will also spare the lives of those who are 75 years old or older.
The ruling Communist Party has made fighting corruption one of its top priorities.
However, some lawmakers had voiced opposition to the changes when they were debated in the assembly in June, arguing that they would weaken the fight against corruption.
"This would create a loophole for corrupt officials to use money to trade for their life," state media quoted deputy Do Ngoc Nien as saying at the time.
International human rights groups and some Western countries have been urging Vietnam to abolish its death penalty.
受 Avast 保护的无病毒计算机已发送该电子邮件。
www.avast.com
Saturday, 20 November 2010
Appeal: End death penalty in East Asia
The Centre for Prisoners' Rights and Amnesty International Japan continue to appeal for people to sign their petition and distribute it widely, calling for the abolition of the death penalty in East Asia.
Please print and sign the petition available here. The text of the petition is copied below.
Citizens’ Appeal for an Abolition of the Death Penalty in East Asia
December 2009
To:
People’s Republic of China, Japan, Democratic People’s Republic of Korea, Socialist Republic of Vietnam, State of Mongolia, Taiwan
(CC: Republic of Korea, Republic of the Philippines, Hong Kong Special Administrative Region of the People’s Republic of China)
In 2008, most of the executions in the world were carried out in Asia. 11 countries in Asia as a whole, and five countries in East Asia, namely, China, Japan, Democratic People’s Republic of Korea, Mongolia, and Vietnam, continue to have the death penalty.
China alone accounts for about three quarters of the executions in the world and at least 1,718 death sentences were carried out.
In China, statistics on the death penalty and executions are a state secret, so the actual number is considered to be significantly higher than that.
In Vietnam, the death penalty is stipulated as the maximum sentence for a total of 29 offences defined in the criminal code, including illicit drug trafficking. Executions are by firing squad.
In Japan, there are currently more than 100 death-row inmates awaiting their executions. Executions by hanging in Japan are carried out secretively and the death-row inmates are notified of their execution only immediately before they take place.
In the Democratic Peoples’ Republic of Korea, executions are either by firing squad or by hanging. Executions are conducted secretively but there is an indication that public executions are conducted for the purpose of making an example to the people.
In Mongolia, executions are a state secret and official statistics, such as the numbers of death sentences, executions, and death-row inmates, are not disclosed. Executions are conducted secretively. The family members of the death-row inmate are not notified of the execution beforehand. After the execution, the body is not returned to the family.
On the other hand, as of 2009, 139 states in the world have abolished the death penalty. In Asia as a whole, 27 states, such as the Philippines and Cambodia, have abolished the death penalty either de jure or de facto.
In the 20th century, many lives were taken in East Asia by the state or because of ideology. The death penalty has been used to impose the will of the state and as a tool of political repression. The state is still taking away the lives of the citizens by way of the death penalty. To put an end to this situation, East Asian states should renounce the state-sponsored violence known as the death penalty.
There are no empirical data verifying that the death penalty has a deterrent effect on heinous crimes. On the contrary, it is pointed out that the death penalty promotes violence.
In any country, those that are sentenced to death are skewed to vulnerable groups in the society, such as those in poverty and minorities. What gives rise to crimes in many cases is often poverty and social discrimination. Removing offenders from society by the death penalty does not solve the problem.
Having recognized the issues inherent in the death penalty system, we the signers below are petitioning for the realization of an East Asia without the death penalty.
We hereby request that:
* the taking of lives not be used as a means of punishment;
* the innocent not be killed;
* information be disclosed so that we can think for ourselves whether the death penalty is necessary;
* those that have erred not be cast away; and
* a society with few crimes be created without relying on the death penalty.
We the citizens hope for a truly peaceful society. We the citizens hope for a society without the death penalty. We the citizens hope for a tolerant society. Please heed our voices, the voices of the citizens.
This year marks the 20th anniversary of the adoption by the United Nations of the Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty. Taking note of the significance of the 20th anniversary, we call on the East Asian states that retain capital punishment to abolish the death penalty system.
Signature:
Message:
The petition organized and collected by:
The "We Can Do Without the Death Penalty" Campaign
Joint Secretariat:
Center for Prisoners' Rights Japan and Amnesty International Japan
Kyodo Bldg. 4F, 2-2 Kandanishiki-cho, chiyoda-ku, Tokyo, Japan 101-0054
E-mail: petition_adp@amnesty.or.jp
Fax +81-3-3518-6778
HP: http://www.abolish-dp.jca.apc.org/
The “We Can Do Without the Death Penalty” campaign was launched in 2008 in Japan, aiming to raise a voice and to think together about what is wrong with the death penalty, setting aside various differences. The Center for Prisoners’ Rights Japan and Amnesty International Japan serve as the joint secretariat and various other organizations, individuals, and networks participate in this campaign.
Please print and sign the petition available here. The text of the petition is copied below.
Citizens’ Appeal for an Abolition of the Death Penalty in East Asia
December 2009
To:
People’s Republic of China, Japan, Democratic People’s Republic of Korea, Socialist Republic of Vietnam, State of Mongolia, Taiwan
(CC: Republic of Korea, Republic of the Philippines, Hong Kong Special Administrative Region of the People’s Republic of China)
In 2008, most of the executions in the world were carried out in Asia. 11 countries in Asia as a whole, and five countries in East Asia, namely, China, Japan, Democratic People’s Republic of Korea, Mongolia, and Vietnam, continue to have the death penalty.
China alone accounts for about three quarters of the executions in the world and at least 1,718 death sentences were carried out.
In China, statistics on the death penalty and executions are a state secret, so the actual number is considered to be significantly higher than that.
In Vietnam, the death penalty is stipulated as the maximum sentence for a total of 29 offences defined in the criminal code, including illicit drug trafficking. Executions are by firing squad.
In Japan, there are currently more than 100 death-row inmates awaiting their executions. Executions by hanging in Japan are carried out secretively and the death-row inmates are notified of their execution only immediately before they take place.
In the Democratic Peoples’ Republic of Korea, executions are either by firing squad or by hanging. Executions are conducted secretively but there is an indication that public executions are conducted for the purpose of making an example to the people.
In Mongolia, executions are a state secret and official statistics, such as the numbers of death sentences, executions, and death-row inmates, are not disclosed. Executions are conducted secretively. The family members of the death-row inmate are not notified of the execution beforehand. After the execution, the body is not returned to the family.
On the other hand, as of 2009, 139 states in the world have abolished the death penalty. In Asia as a whole, 27 states, such as the Philippines and Cambodia, have abolished the death penalty either de jure or de facto.
In the 20th century, many lives were taken in East Asia by the state or because of ideology. The death penalty has been used to impose the will of the state and as a tool of political repression. The state is still taking away the lives of the citizens by way of the death penalty. To put an end to this situation, East Asian states should renounce the state-sponsored violence known as the death penalty.
There are no empirical data verifying that the death penalty has a deterrent effect on heinous crimes. On the contrary, it is pointed out that the death penalty promotes violence.
In any country, those that are sentenced to death are skewed to vulnerable groups in the society, such as those in poverty and minorities. What gives rise to crimes in many cases is often poverty and social discrimination. Removing offenders from society by the death penalty does not solve the problem.
Having recognized the issues inherent in the death penalty system, we the signers below are petitioning for the realization of an East Asia without the death penalty.
We hereby request that:
* the taking of lives not be used as a means of punishment;
* the innocent not be killed;
* information be disclosed so that we can think for ourselves whether the death penalty is necessary;
* those that have erred not be cast away; and
* a society with few crimes be created without relying on the death penalty.
We the citizens hope for a truly peaceful society. We the citizens hope for a society without the death penalty. We the citizens hope for a tolerant society. Please heed our voices, the voices of the citizens.
This year marks the 20th anniversary of the adoption by the United Nations of the Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty. Taking note of the significance of the 20th anniversary, we call on the East Asian states that retain capital punishment to abolish the death penalty system.
Signature:
Message:
The petition organized and collected by:
The "We Can Do Without the Death Penalty" Campaign
Joint Secretariat:
Center for Prisoners' Rights Japan and Amnesty International Japan
Kyodo Bldg. 4F, 2-2 Kandanishiki-cho, chiyoda-ku, Tokyo, Japan 101-0054
E-mail: petition_adp@amnesty.or.jp
Fax +81-3-3518-6778
HP: http://www.abolish-dp.jca.apc.org/
The “We Can Do Without the Death Penalty” campaign was launched in 2008 in Japan, aiming to raise a voice and to think together about what is wrong with the death penalty, setting aside various differences. The Center for Prisoners’ Rights Japan and Amnesty International Japan serve as the joint secretariat and various other organizations, individuals, and networks participate in this campaign.
Monday, 21 December 2009
Viet Nam: Blogger may face death penalty
Blogger and activist faces possible death penalty
Published on 14 December 2009
Statement from Reporters Without Borders
Reporters Without Borders is deeply concerned about French-educated blogger and pro-democracy activist Nguyen Tien Trung, now facing a possible death penalty under article 79 of the criminal code after the charges against him were changed to "trying to overthrow the people’s government." Arrested more than five months ago, he is due to be tried at the end of the month.
"We call for Nguyen Tien Trung’s immediate and unconditional release as the charges against him are entirely fabricated," Reporters Without Borders said. "Trung is a pacifist who has never endangered the Vietnamese state. He just exercised his right to free expression, a right he learned to use in France."
The press freedom organisation added: "Trung is a scapegoat. The authorities want to make an example of him in order to intimidate other Vietnamese students who want to press for more freedom when they return home after studying abroad."
Trung’s family told Reporters Without Borders that his father was allowed to visit him on 10 December for the second time since his arrest. The authorities are reportedly now going to allow his family to visit him once a month. Trung seemed to be in good physical and psychological condition and did his best to reassure his father. He asked his father to bring him books, especially economics and French books. The authorities are considering the request.
A former student at the National Institute for Applied Sciences (INSA) in the northern French city of Rennes, where he got a masters in information technology, Trung was arrested at his parents’ home in Ho Chi Minh City on 7 July on a charge of propaganda against the state under article 88 of the criminal code. A government TV station broadcast taped footage in which he made a confession.
He seems to have been arrested because of the pro-democracy views he posted online and, in particular, an open letter to the government about education policies.
The Trung support committee website posted an opinion piece by Philippe Echart, who was one of Trung’s teachers at the INSA.
"It is strange for a teacher to realise that one his students, which whom he had a few talks and to whom he paid special attention because he was a foreigner, is now being in prison at the other end of the world, in his own country, on serious charges," Echard writes. "And why is he in prison? For expressing his views freely. For criticising university education in Vietnam. For calling for more freedoms and more democracy, as many other intellectuals in his country have."
The support committee is calling for a determined campaign on his behalf. "The worst that could happen to Trung is that people gradually forget him," the committee’s appeal says. Trung’s friends and family have relaunched the campaign for his release. Sign a petition at the http://freetrung.tk website.
Published on 14 December 2009
Statement from Reporters Without Borders
Reporters Without Borders is deeply concerned about French-educated blogger and pro-democracy activist Nguyen Tien Trung, now facing a possible death penalty under article 79 of the criminal code after the charges against him were changed to "trying to overthrow the people’s government." Arrested more than five months ago, he is due to be tried at the end of the month.
"We call for Nguyen Tien Trung’s immediate and unconditional release as the charges against him are entirely fabricated," Reporters Without Borders said. "Trung is a pacifist who has never endangered the Vietnamese state. He just exercised his right to free expression, a right he learned to use in France."
The press freedom organisation added: "Trung is a scapegoat. The authorities want to make an example of him in order to intimidate other Vietnamese students who want to press for more freedom when they return home after studying abroad."
Trung’s family told Reporters Without Borders that his father was allowed to visit him on 10 December for the second time since his arrest. The authorities are reportedly now going to allow his family to visit him once a month. Trung seemed to be in good physical and psychological condition and did his best to reassure his father. He asked his father to bring him books, especially economics and French books. The authorities are considering the request.
A former student at the National Institute for Applied Sciences (INSA) in the northern French city of Rennes, where he got a masters in information technology, Trung was arrested at his parents’ home in Ho Chi Minh City on 7 July on a charge of propaganda against the state under article 88 of the criminal code. A government TV station broadcast taped footage in which he made a confession.
He seems to have been arrested because of the pro-democracy views he posted online and, in particular, an open letter to the government about education policies.
The Trung support committee website posted an opinion piece by Philippe Echart, who was one of Trung’s teachers at the INSA.
"It is strange for a teacher to realise that one his students, which whom he had a few talks and to whom he paid special attention because he was a foreigner, is now being in prison at the other end of the world, in his own country, on serious charges," Echard writes. "And why is he in prison? For expressing his views freely. For criticising university education in Vietnam. For calling for more freedoms and more democracy, as many other intellectuals in his country have."
The support committee is calling for a determined campaign on his behalf. "The worst that could happen to Trung is that people gradually forget him," the committee’s appeal says. Trung’s friends and family have relaunched the campaign for his release. Sign a petition at the http://freetrung.tk website.
Sunday, 23 November 2008
Viet Nam: Death penalty reduction debated
Deputies in Viet Nam's national assembly (NA) have debated a proposal to reduce the number of capital crimes, including for corruption, bribery and producing fake drugs.
According to Thanh Nien News, the current session of the NA considered an amended draft criminal code, which would see the death sentence removed from 17 of the current 29 capital offences.
NA deputies spoke against removing the death penalty for these offences at sittings on 7 November.
"It is necessary to retain death sentences for embezzlement and bribery to prevent people from engaging in the crimes, as our fight against corruption is now very fierce," said Nguyen Dang Trung, NA deputy and Chairman of the Ho Chi Minh City Bar Association.
Earlier in the week, judicial committee chairwoman Le Thi Thu Ba said the death penalty was necessary for bribery and corruption because they were "a national disaster".
The Thanh Nien report said deputies told the NA the death penalty should not be removed from crimes such as manufacturing counterfeit food and pharmaceutical products, because "it could affect human life on a large scale, hinder smooth economic growth and cause other serious consequences".
Other deputies argued it would not be reasonable to remove the death sentence for crimes against humanity and national security, when an offender could be executed for killing one person.
The reported comments left open the possibility that the death penalty could be removed for other offences on the proposed list, including for rape, fraud, smuggling and organising the illegal use of drugs.
"Developmental" need to kill
Presenters at a seminar in October argued the death penalty was necessary to deal with "extremely dangerous crimes", particularly given the country's current stage of development.
The VNA news service reported the workshop, organised by Vietnam's Institute of State and Law and Germany's KAS Institute, discussed the use of the death penalty and the possibility of abolition.
It reported that unnamed legal experts pointed to "the experiences of some countries at a similar developmental level to Vietnam" to argue the death penalty was needed to deter potential criminals against "certain crimes".
"They agreed that the abolition of the death penalty should follow a road map with specific steps depending on certain social conditions," the report said.
This is similar to the argument used by senior officials in China, who have argued the county needed to achieve a certain level of development before it could abolish the death penalty.
Notwithstanding this argument, the officials have been unable to point to evidence that the death penalty provides a greater degree of deterrence than other, less severe, punishments.
Ministry proposal
Vietnamese media reported in July that the Ministry of Public Security recommended the death penalty be abolished for 12 crimes, including smuggling, trading in false products and hijacking (ADP story here).
VietNamNet reported a recommendation would be made to the National Assembly to amend the Criminal Code to limit the penalty to what the paper described as "only to those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".
"The aim of the amendment is to make the country’s criminal code more compliant with world trends to humanise laws and completely abolish the death penalty," said Nguyen Ngoc Anh, head of the Legal Department of the Ministry of Public Security.
In 1999, the number of offences attracting a death sentence was reduced from 44 to 29 offences.
VietNamNet said 116 people were sentenced to death in 2006 and 95 in 2007, although it did not confirm how many people were actually executed.
The July VietNamNet report said the full list included: appropriating property by fraud; smuggling; producing and trading fake food and medical products; being involved in producing, storing and circulating counterfeit money, bonds and cheques; organising the illegal use of drugs; hijacking aeroplanes or ships; corruption; taking and giving bribes; destroying army weapons or technical equipment; being involved in an invasion; anti-human crimes and those convicted of war crimes.
Human rights call
On 10 November Amnesty International encouraged Vietnamese authorities to "carry out the proposed reforms and introduce a moratorium on executions with a view to abolishing the death penalty".
It said Vietname authorities did not allow international standards for fair trials to be followed in practice.
"Legal counsel is often assigned to defendants at the last minute, allowing little pre-trial preparation," the organisation said.
"The defence is not always allowed to call or question witnesses, and private consultation with counsel may be limited.
"In many cases, all the defence counsel can do is plead for clemency."
Related stories:
Viet Nam: Reduction in death penalty offences? -- 23 July 2008
Viet Nam death penalty "not deterring drugs" -- 25 November 2006
According to Thanh Nien News, the current session of the NA considered an amended draft criminal code, which would see the death sentence removed from 17 of the current 29 capital offences.
NA deputies spoke against removing the death penalty for these offences at sittings on 7 November.
"It is necessary to retain death sentences for embezzlement and bribery to prevent people from engaging in the crimes, as our fight against corruption is now very fierce," said Nguyen Dang Trung, NA deputy and Chairman of the Ho Chi Minh City Bar Association.
Earlier in the week, judicial committee chairwoman Le Thi Thu Ba said the death penalty was necessary for bribery and corruption because they were "a national disaster".
The Thanh Nien report said deputies told the NA the death penalty should not be removed from crimes such as manufacturing counterfeit food and pharmaceutical products, because "it could affect human life on a large scale, hinder smooth economic growth and cause other serious consequences".
Other deputies argued it would not be reasonable to remove the death sentence for crimes against humanity and national security, when an offender could be executed for killing one person.
The reported comments left open the possibility that the death penalty could be removed for other offences on the proposed list, including for rape, fraud, smuggling and organising the illegal use of drugs.
"Developmental" need to kill
Presenters at a seminar in October argued the death penalty was necessary to deal with "extremely dangerous crimes", particularly given the country's current stage of development.
The VNA news service reported the workshop, organised by Vietnam's Institute of State and Law and Germany's KAS Institute, discussed the use of the death penalty and the possibility of abolition.
It reported that unnamed legal experts pointed to "the experiences of some countries at a similar developmental level to Vietnam" to argue the death penalty was needed to deter potential criminals against "certain crimes".
"They agreed that the abolition of the death penalty should follow a road map with specific steps depending on certain social conditions," the report said.
This is similar to the argument used by senior officials in China, who have argued the county needed to achieve a certain level of development before it could abolish the death penalty.
Notwithstanding this argument, the officials have been unable to point to evidence that the death penalty provides a greater degree of deterrence than other, less severe, punishments.
Ministry proposal
Vietnamese media reported in July that the Ministry of Public Security recommended the death penalty be abolished for 12 crimes, including smuggling, trading in false products and hijacking (ADP story here).
VietNamNet reported a recommendation would be made to the National Assembly to amend the Criminal Code to limit the penalty to what the paper described as "only to those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".
"The aim of the amendment is to make the country’s criminal code more compliant with world trends to humanise laws and completely abolish the death penalty," said Nguyen Ngoc Anh, head of the Legal Department of the Ministry of Public Security.
In 1999, the number of offences attracting a death sentence was reduced from 44 to 29 offences.
VietNamNet said 116 people were sentenced to death in 2006 and 95 in 2007, although it did not confirm how many people were actually executed.
The July VietNamNet report said the full list included: appropriating property by fraud; smuggling; producing and trading fake food and medical products; being involved in producing, storing and circulating counterfeit money, bonds and cheques; organising the illegal use of drugs; hijacking aeroplanes or ships; corruption; taking and giving bribes; destroying army weapons or technical equipment; being involved in an invasion; anti-human crimes and those convicted of war crimes.
Human rights call
On 10 November Amnesty International encouraged Vietnamese authorities to "carry out the proposed reforms and introduce a moratorium on executions with a view to abolishing the death penalty".
It said Vietname authorities did not allow international standards for fair trials to be followed in practice.
"Legal counsel is often assigned to defendants at the last minute, allowing little pre-trial preparation," the organisation said.
"The defence is not always allowed to call or question witnesses, and private consultation with counsel may be limited.
"In many cases, all the defence counsel can do is plead for clemency."
Related stories:
Viet Nam: Reduction in death penalty offences? -- 23 July 2008
Viet Nam death penalty "not deterring drugs" -- 25 November 2006
Saturday, 25 October 2008
Two Australians spared in Viet Nam
Viet Nam has granted clemency to two Australian citizens who were sentenced to death for drug offences.
The announcement brings to seven the number of Vietnamese-Australians spared execution since 2003.
Vietnamese prime minister Nguyen Tan Dung announced the decision at a joint media conference with his Australian counterpart Kevin Rudd at Parliament House in Canberra on 13 October.
"[B]uilding upon the excellent friendship between our two countries and on humanitarian grounds, I've informed the Prime Minister, the Vietnamese President has decided to grant clemency to two Vietnamese Australians charged with drug trafficking," he said.
The decision spares the lives of Jasmine Luong and Tony Manh, who now face the prospect of life in Viet Nam's notoriously harsh prison system.
Tony Manh applied for clemency after an appeal court confirmed his death sentence in November 2007 for heroin trafficking.
Jasmine Luong was given a death sentence in March 2008 when prosecutors appealed the original life sentence imposed in December last year.
Luong claimed she only agreed to carry the nearly 1.5 kilograms of heroin that was found hidden in her luggage and shoes in order to pay her estranged husband's gambling debts.
Five other Australian citizens in Viet Nam have had their death sentences commuted to life imprisonment since 2003, all for drug-related offences.
In each case the Australian government has supported applications for clemency and made representations appealing for the sentences to be commuted.
'Close ties'
During the media conference, both leaders paid tribute to the ties between the two countries, saying bilateral trade was now worth about $7 billion per year.
Dung said through an interpreter that the two countries had developed "good cooperation in such areas as politics, diplomacy, economics, trade, investment, tourism, education and training, culture, defence, security and many others".
Related stories:
Viet Nam: Life, and death, sentences for drugs -- 30 April 2008
Drug penalty violates international law -- 6 May, 2007
Viet Nam death penalty "not deterring drugs" -- 25 November, 2006
Another Australian spared in Viet Nam – 19 November 2006
To begin, good news in Viet Nam -- 18 February 2006
The announcement brings to seven the number of Vietnamese-Australians spared execution since 2003.
Vietnamese prime minister Nguyen Tan Dung announced the decision at a joint media conference with his Australian counterpart Kevin Rudd at Parliament House in Canberra on 13 October.
"[B]uilding upon the excellent friendship between our two countries and on humanitarian grounds, I've informed the Prime Minister, the Vietnamese President has decided to grant clemency to two Vietnamese Australians charged with drug trafficking," he said.
The decision spares the lives of Jasmine Luong and Tony Manh, who now face the prospect of life in Viet Nam's notoriously harsh prison system.
Tony Manh applied for clemency after an appeal court confirmed his death sentence in November 2007 for heroin trafficking.
Jasmine Luong was given a death sentence in March 2008 when prosecutors appealed the original life sentence imposed in December last year.
Luong claimed she only agreed to carry the nearly 1.5 kilograms of heroin that was found hidden in her luggage and shoes in order to pay her estranged husband's gambling debts.
Five other Australian citizens in Viet Nam have had their death sentences commuted to life imprisonment since 2003, all for drug-related offences.
In each case the Australian government has supported applications for clemency and made representations appealing for the sentences to be commuted.
'Close ties'
During the media conference, both leaders paid tribute to the ties between the two countries, saying bilateral trade was now worth about $7 billion per year.
Dung said through an interpreter that the two countries had developed "good cooperation in such areas as politics, diplomacy, economics, trade, investment, tourism, education and training, culture, defence, security and many others".
Related stories:
Viet Nam: Life, and death, sentences for drugs -- 30 April 2008
Drug penalty violates international law -- 6 May, 2007
Viet Nam death penalty "not deterring drugs" -- 25 November, 2006
Another Australian spared in Viet Nam – 19 November 2006
To begin, good news in Viet Nam -- 18 February 2006
Tuesday, 7 October 2008
Global focus on Asia's executioners
The sixth World Day Against the Death Penalty, held this Friday 10 October 2008, is focusing on six countries which exemplify important issues in the region:
- Japan - secrecy and a lack of transparency
- Pakistan - unfair trials
- Viet Nam - with a high number of offences punishable by death
- India and Taiwan - encouraging the introduction of a moratorium, and
- South Korea - highlighting calls for abolition.
"In many cases, trials are unfair, the death penalty is used for a wide range of crimes, including non-violent ones (drug trafficking, embezzlement), and the lack of transparency characterizes the legal system in many countries,"it said.
The WCADP said however there were some positive changes in the region that raised hope for a "death penalty-free Asia".
"Over the last few years, the total numbers of death sentences and executions have decreased in Asia," it said in a statement.
"Periods of moratorium (i.e. the temporary suspension of executions) are longer and more frequent.
"Alongside these improvements, there are more and more organized Asian activists in favor of the abolition of the death penalty."
Think regionally, act globally
The campaign is centred on collecting signatures on a series of petitions targeting governments in the six countries.
Campaign events in Asia and around the world will raise awareness of the region's use of the death penalty and encourage the six countries to take specific steps towards abolition.
The 2007 World Day Against the Death Penalty helped build support for the United Nations (UN) resolution calling for a moratorium on executions. The UN General Assembly adopted the resolution by an overwhelming majority on 18 December 2007, with 104 member states voting in favour, 54 countries voting against and 29 abstentions.
Related stories:
Victims opposing the death penalty -- 10 October 2007
Sign the global petition against executions -- 3 September 2007
New voice against Asia's executions -- 10 October 2006
World Day call for Australian leadership -- 10 October 2006
Global protest against failure of justice -- 10 October 2006
Call to action on 10 October -- 4 September 2006
Wednesday, 23 July 2008
Viet Nam: Reduction in death penalty offences?
Viet Nam is considering a further reduction in the number of crimes that attract the death penalty, according to a report last week by China's Xinhua newsagency.
The Vietnam News reportedly said on 15 July that the Ministry of Public Security had proposed the death penalty be removed from 12 offences.
Xinhua's report said the proposal would amend Article 35 of the Criminal Code, which provides for the death penalty.
The changes would limit its use to "only those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".
The 12 offences included:
The Vietnam News reportedly said on 15 July that the Ministry of Public Security had proposed the death penalty be removed from 12 offences.
Xinhua's report said the proposal would amend Article 35 of the Criminal Code, which provides for the death penalty.
The changes would limit its use to "only those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".
The 12 offences included:
- appropriating property by fraud
- smuggling
- producing and trading fake goods and medical products
- being involved in producing, storing and circulating counterfeit money, bonds and checks
- organising the illegal use of drugs
- hijacking planes or ships
- corruption
- taking and giving bribes
- destroying army weapons or technical equipment
- being involved in an invasion
- "anti-human crimes", and
- war crimes.
Gradual reductions
Human rights campaigners have long urged Viet Nam to reduce the scope of the death penalty.
After increasing the number of capital offences to 44 in 1992, Viet Nam reduced it to 29 offences in July 1999.
In April this year, Amnesty International said there were at least 25 known executions in Viet Nam in 2007, which placed it fourth on the list of the top executioners in the world.
Xinhua said Viet Nam sentenced 116 people to death in 2006 and 95 in 2007.
Dramatic increase but positive signs
In June 2006, an Amnesty International alert said there had been a "dramatic increase in Viet Nam's use of the death penalty, especially for drug-related crimes".
"Concern about the use of the death penalty in Viet Nam is compounded by the routine unfairness of trials that do not conform to international standards," the organisation said.
However, it said there were "some positive signs that the death penalty is being discussed within the Vietnamese government".
Related stories:
Drug penalty violates international law -- 06 May, 2007
Viet Nam death penalty "not deterring drugs" -- 25 November, 2006
Asia leads the world's known executions -- 15 April, 2008
20,000 waiting to be killed -- 23 April, 2006
Wednesday, 30 April 2008
Viet Nam: Life, and death, sentences for drugs
In the past month, two Vietnamese-born western citizens have seen very different outcomes in appeals against their sentences for drug offences.
The legal charity Repreive announced in early April that UK citizen Le Manh Luong was granted clemency by President Nguyen Minh Triet.
Repreive led a high-profile campaign on behalf of Mr Luong, who was sentenced to death in November 2006.
He was convicted along with three Vietnamese defendants for trafficking 339 kilograms of heroin through Viet Nam to Hong Kong and China.
In contrast, in mid-March an appeal court increased to death the sentence given to Vietnamese-Australian Jasmine Luong, according to an AFP report.
Ms Luong was arrested in Tan Son Nhat airport in February 2007 with nearly 1.5 kilograms of heroin hidden in her luggage and shoes.
Prosecutors appealed against the original life sentence imposed in December 2007.
Clemency hope
She now has the right to appeal to the president for clemency, and the Sydney Morning Herald reported the Australian Prime Minister and Foreign Minister were expected to support an appeal.
The decision to grant clemency to Mr Luong should raise hopes that she would also be successful in having her death sentence overturned.
Five Australians have had their death sentences commuted in Viet Nam since 2003, in all five cases with the support of strong representations from the Australian government appealing for the sentences to be commuted.
Another Australian citizen, Tony Manh, is waiting for a response to his application for clemency, after an appeal court confirmed his death sentence in November 2007 for heroin trafficking.
'Debt forced decision'
According to the report by the Sydney Morning Herald, Ms Luong was expected to argue in her application for clemency that she agreed to carry the drugs to pay her estranged husband's gambling debts.
The newspaper said she claimed she was offered $US15,000 (AUD$16,620) by an unidentified man to carry the drugs to Sydney, and given $US4700 payment in advance.
Her two children were being cared for by relatives in Sydney.
'What is heroin?'
According to information released by Reprieve, Mr Luong suffered from brain damage after his house was bombed by a US B-52 bomber during the Viet Nam War.
The organisation said he suffered from clinical depression and displayed suicidal tendencies, and his lawyer believed the other defendants used him as a scapegoat, knowing of his mental health issues.
Mr Luong reportedly asked the court during his trial questions such as: "What is heroin?" and "What is a weapon?"
His niece and family spokesperson, Thanh Le, said in a Reprieve statement that "he will [now] have the horrific ankle and wrist shackles removed".
"My uncle’s death sentence has put an incredible strain on the family but we have been overwhelmed by the support for him," she said.
The fate of Mr Luong's Vietnamese co-defendants has not been reported.
Related stories:
Drug penalty violates international law -- 06 May, 2007
Viet Nam death penalty "not deterring drugs" -- 25 November, 2006
Another Australian spared in Viet Nam – 19 November, 2006
Viet Nam: Take action against the death penalty -- 24 June, 2006
To begin, good news in Viet Nam -- 18 February, 2006
The legal charity Repreive announced in early April that UK citizen Le Manh Luong was granted clemency by President Nguyen Minh Triet.
Repreive led a high-profile campaign on behalf of Mr Luong, who was sentenced to death in November 2006.
He was convicted along with three Vietnamese defendants for trafficking 339 kilograms of heroin through Viet Nam to Hong Kong and China.
In contrast, in mid-March an appeal court increased to death the sentence given to Vietnamese-Australian Jasmine Luong, according to an AFP report.
Ms Luong was arrested in Tan Son Nhat airport in February 2007 with nearly 1.5 kilograms of heroin hidden in her luggage and shoes.
Prosecutors appealed against the original life sentence imposed in December 2007.
Clemency hope
She now has the right to appeal to the president for clemency, and the Sydney Morning Herald reported the Australian Prime Minister and Foreign Minister were expected to support an appeal.
The decision to grant clemency to Mr Luong should raise hopes that she would also be successful in having her death sentence overturned.
Five Australians have had their death sentences commuted in Viet Nam since 2003, in all five cases with the support of strong representations from the Australian government appealing for the sentences to be commuted.
Another Australian citizen, Tony Manh, is waiting for a response to his application for clemency, after an appeal court confirmed his death sentence in November 2007 for heroin trafficking.
'Debt forced decision'
According to the report by the Sydney Morning Herald, Ms Luong was expected to argue in her application for clemency that she agreed to carry the drugs to pay her estranged husband's gambling debts.
The newspaper said she claimed she was offered $US15,000 (AUD$16,620) by an unidentified man to carry the drugs to Sydney, and given $US4700 payment in advance.
Her two children were being cared for by relatives in Sydney.
'What is heroin?'
According to information released by Reprieve, Mr Luong suffered from brain damage after his house was bombed by a US B-52 bomber during the Viet Nam War.
The organisation said he suffered from clinical depression and displayed suicidal tendencies, and his lawyer believed the other defendants used him as a scapegoat, knowing of his mental health issues.
Mr Luong reportedly asked the court during his trial questions such as: "What is heroin?" and "What is a weapon?"
His niece and family spokesperson, Thanh Le, said in a Reprieve statement that "he will [now] have the horrific ankle and wrist shackles removed".
"My uncle’s death sentence has put an incredible strain on the family but we have been overwhelmed by the support for him," she said.
The fate of Mr Luong's Vietnamese co-defendants has not been reported.
Related stories:
Drug penalty violates international law -- 06 May, 2007
Viet Nam death penalty "not deterring drugs" -- 25 November, 2006
Another Australian spared in Viet Nam – 19 November, 2006
Viet Nam: Take action against the death penalty -- 24 June, 2006
To begin, good news in Viet Nam -- 18 February, 2006
Saturday, 25 November 2006
Viet Nam death penalty "not deterring drugs"
A Vietnamese parliamentary commission has admitted the death penalty is failing to deter drug crime, despite the large number of people executed for drug-related offences each year.
Thanh Nien News reported on 3 November that the National Assembly's Legal Commission also favoured reducing the number of crimes that attract the death penalty.
Legal Commission vice director Tran The Vuong said it acknowledged the deterrent effect of the death penalty was "not so significant".
"Though there have been a lot of death sentences for drug-related offenses, the number of drug criminals has increased," Tran The Vuong said on the fringes of the assembly's winter session.
"It would be more effective to discover and punish ringleaders," Tran The Vuong said.
According to the report by Thanh Nien News, about 100 people are executed by firing squad each year, most for drug-related offences.
The report said many people executed for drug offences were merely couriers who transported drugs because of their situation or in ignorance of the law.
Tran The Vuong said the commission favoured a reduction in the number of crimes carrying the death penalty, although he would not specify which crimes would remain capital offences.
"It is a major issue that needs thorough study," he said.
Proposed changes
Viet Nam amended its Criminal Code in 2000, reducing the number of capital offences from 44 to 29.
It was reported in February 2006 that the Ministry of Public Security proposed a further reduction from 29 to 20 offences.
A spokesperson for the judicial department of the Ministry of Public Security said a reduction would be "in tune with the general tendency around the world, which Vietnam should follow".
Amnesty International said the proposal, which was submitted to the judicial reform commission for consideration, "reportedly recommends that economic crimes such as fraud and embezzlement, smuggling, counterfeiting and bribery should no longer be capital offences".
Viet Nam has continued to sentence people to death for non-violent economic crimes, despite the view of UN human rights experts that "the death penalty should be eliminated for crimes such as economic crimes and drug-related offences".
In February 2006, state media reported on proposals to change the method of execution, replacing firing squads with lethal injection.
A Police Ministry study reportedly said lethal injection would "minimise the psychological difficulties for executioners".
Related stories:
Another Australian spared in Viet Nam – 19 November, 2006
Viet Nam: Take action against the death penalty -- 24 June, 2006
Viet Nam easing the executioner's burden -- 26 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006
death penalty, deterrence, drug trade, drugs, human rights, Viet Nam, Vietnam
Thanh Nien News reported on 3 November that the National Assembly's Legal Commission also favoured reducing the number of crimes that attract the death penalty.
Legal Commission vice director Tran The Vuong said it acknowledged the deterrent effect of the death penalty was "not so significant".
"Though there have been a lot of death sentences for drug-related offenses, the number of drug criminals has increased," Tran The Vuong said on the fringes of the assembly's winter session.
"It would be more effective to discover and punish ringleaders," Tran The Vuong said.
According to the report by Thanh Nien News, about 100 people are executed by firing squad each year, most for drug-related offences.
The report said many people executed for drug offences were merely couriers who transported drugs because of their situation or in ignorance of the law.
Tran The Vuong said the commission favoured a reduction in the number of crimes carrying the death penalty, although he would not specify which crimes would remain capital offences.
"It is a major issue that needs thorough study," he said.
Proposed changes
Viet Nam amended its Criminal Code in 2000, reducing the number of capital offences from 44 to 29.
It was reported in February 2006 that the Ministry of Public Security proposed a further reduction from 29 to 20 offences.
A spokesperson for the judicial department of the Ministry of Public Security said a reduction would be "in tune with the general tendency around the world, which Vietnam should follow".
Amnesty International said the proposal, which was submitted to the judicial reform commission for consideration, "reportedly recommends that economic crimes such as fraud and embezzlement, smuggling, counterfeiting and bribery should no longer be capital offences".
Viet Nam has continued to sentence people to death for non-violent economic crimes, despite the view of UN human rights experts that "the death penalty should be eliminated for crimes such as economic crimes and drug-related offences".
In February 2006, state media reported on proposals to change the method of execution, replacing firing squads with lethal injection.
A Police Ministry study reportedly said lethal injection would "minimise the psychological difficulties for executioners".
Related stories:
Another Australian spared in Viet Nam – 19 November, 2006
Viet Nam: Take action against the death penalty -- 24 June, 2006
Viet Nam easing the executioner's burden -- 26 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006
death penalty, deterrence, drug trade, drugs, human rights, Viet Nam, Vietnam
Sunday, 19 November 2006
Another Australian spared in Viet Nam
A fifth Australian national has been spared execution in Viet Nam, rewarding Australian government appeals and its co-operation in joint drug operations.
Australian Foreign Minister Alexander Downer announced this week that the death sentence against Trinh Huu, 53, had been commuted to life imprisonment.
He said Vietnamese President Nguyen Minh Triet commuted Trinh's death sentence following diplomatic representations from the Australian government.
As in previous cases, the Vietnamese government cited humanitarian grounds and their country's good relationship with Australia as reasons for the decision.
Trinh was sentenced to death in December last year for trafficking about 2 kilograms of heroin. He was arrested near the Vietnam-Cambodia border in December 2004.
The Age newspaper reported in February this year that Trinh was arrested by Vietnamese police working with the Australian Federal Police (AFP).
A spokesperson for Justice Minister Chris Ellison confirmed that Trinh's arrest "was the result of co-operation between Australian and Vietnamese authorities regarding a large drug syndicate".
The AFP has been criticised for its co-operation with Indonesian police, following the April 2005 arrest of a group of Australian citizens known as the "Bali 9". The AFP provided crucial information that led to the monitoring, arrest and prosecution of the group for trying to smuggle 8.3 kilograms of heroin to Australia.
Six members of the Bali 9 have been sentenced to death for drug smuggling offences.
Clemency for foreign nationals
Five Australians have had their death sentences commuted in Viet Nam since 2003. In all five cases the Australian government made strong representations to the government of Viet Nam appealing for the sentences to be commuted.
In February 2006 President Tran Duc Luong commuted the death sentences of two Australians to life imprisonment, citing "humane tradition" and the good bilateral relationship between Australia and Viet Nam. He spared convicted heroin smugglers Mai Cong Thanh, an Australian citizen, and Nguyen Van Chinh, an Australian permanent resident.
The death sentence against Tran Van Thanh, convicted of heroin trafficking, was commuted to life in prison in August 2005 on the basis of humanitarian grounds and the strong relationship between Viet Nam and Australia.
Le My Linh, a 43-year old Sydney woman, was granted presidential clemency in July 2003 following appeals from the Australian government. The president again cited humanitarian grounds when commuting her sentence to life in prison.
Vietnamese citizens have not been so lucky. According to Amnesty International, there were 21 known executions in 2005 and at least 65 people sentenced to death, but "the real number is believed to be much higher".
Related stories:
World Day call for Australian leadership -- 10 October, 2006
UN: Australia should tackle drugs penalty -- 29 September, 2006
Australia's double standards under pressure -- 13 September, 2006
Firing squad for six of Bali nine -- 10 September, 2006
Australian police & the firing squad -- 19 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006
death penalty, Vietnam, Viet Nam, human rights, drugs, drug trade
Australian Foreign Minister Alexander Downer announced this week that the death sentence against Trinh Huu, 53, had been commuted to life imprisonment.
He said Vietnamese President Nguyen Minh Triet commuted Trinh's death sentence following diplomatic representations from the Australian government.
As in previous cases, the Vietnamese government cited humanitarian grounds and their country's good relationship with Australia as reasons for the decision.
Trinh was sentenced to death in December last year for trafficking about 2 kilograms of heroin. He was arrested near the Vietnam-Cambodia border in December 2004.
The Age newspaper reported in February this year that Trinh was arrested by Vietnamese police working with the Australian Federal Police (AFP).
A spokesperson for Justice Minister Chris Ellison confirmed that Trinh's arrest "was the result of co-operation between Australian and Vietnamese authorities regarding a large drug syndicate".
The AFP has been criticised for its co-operation with Indonesian police, following the April 2005 arrest of a group of Australian citizens known as the "Bali 9". The AFP provided crucial information that led to the monitoring, arrest and prosecution of the group for trying to smuggle 8.3 kilograms of heroin to Australia.
Six members of the Bali 9 have been sentenced to death for drug smuggling offences.
Clemency for foreign nationals
Viet Nam has only executed one foreign national since 1975, when it shot a Canadian woman of Vietnamese origin, Nguyen Thi Hiep, on 25 April 1999.
Five Australians have had their death sentences commuted in Viet Nam since 2003. In all five cases the Australian government made strong representations to the government of Viet Nam appealing for the sentences to be commuted.
In February 2006 President Tran Duc Luong commuted the death sentences of two Australians to life imprisonment, citing "humane tradition" and the good bilateral relationship between Australia and Viet Nam. He spared convicted heroin smugglers Mai Cong Thanh, an Australian citizen, and Nguyen Van Chinh, an Australian permanent resident.
The death sentence against Tran Van Thanh, convicted of heroin trafficking, was commuted to life in prison in August 2005 on the basis of humanitarian grounds and the strong relationship between Viet Nam and Australia.
Le My Linh, a 43-year old Sydney woman, was granted presidential clemency in July 2003 following appeals from the Australian government. The president again cited humanitarian grounds when commuting her sentence to life in prison.
Vietnamese citizens have not been so lucky. According to Amnesty International, there were 21 known executions in 2005 and at least 65 people sentenced to death, but "the real number is believed to be much higher".
Related stories:
World Day call for Australian leadership -- 10 October, 2006
UN: Australia should tackle drugs penalty -- 29 September, 2006
Australia's double standards under pressure -- 13 September, 2006
Firing squad for six of Bali nine -- 10 September, 2006
Australian police & the firing squad -- 19 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006
death penalty, Vietnam, Viet Nam, human rights, drugs, drug trade
Sunday, 26 February 2006
Viet Nam easing the executioner's burden
In the last two years, the Vietnamese government has considered changing the method of execution from the current firing squad to either lethal injection or an automatic firing machine (aimed at the prisoner and then fired with the press of a button).
Recent reports in official state media quoted a Police Ministry study favouring a move to lethal injection.
According to a Reuters story in early February, state media quoted the study’s findings on lethal injection: "The method's advantage is to cause less pain to the death-row inmate, the execution time is short, some parts can be automated so it will minimise the psychological difficulties for executioners."
So, humane all round then.
Recent reports in official state media quoted a Police Ministry study favouring a move to lethal injection.
According to a Reuters story in early February, state media quoted the study’s findings on lethal injection: "The method's advantage is to cause less pain to the death-row inmate, the execution time is short, some parts can be automated so it will minimise the psychological difficulties for executioners."
So, humane all round then.
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