Recording sound and image to prevent extortion and torture

15/04/2015

To prevent extortion and torture among investigations, which could lead to unjustly judgement, Draft of Criminal Procedure Code proposed that interrogation of the accused must be compulsorily recorded sounds or images and the accused has the right not to testify against himself or forced to identify himself on guilty ...
Regarding views of the Judicial Committee about the above provisions, Ms. Le Thi Nga, Vice Chairman of the Judiciary Committee said, according to current regulations, declaration or not declaration and how they declare are considered a right, not the obligation of the arrested and the accused. Therefore, they can follow or not to exercise this right.
However, in order to enhance transparency, making it easy to understand and creating consistent awareness in testimony activities, contributing to anti-extortion-and-torture, many lawmakers proposed to the provisions in the direction of arrested and accused people have the right freely to present testimony, opinion, not be compelled to testify against himself or be forced to accept his guilt.
Shareing the same opinion with the lawmakers, Deputy Minister of Public Security Le Quy Vuong said he was concerned about the “right to silence”. “We face a criminal incident, we detect crime but also to protect the victim”.
Despite the fact that he has the right but we should not say “right to silent”, he said. He did the crime and was found guilty with violations of the law, he must present instead. We defend the rights for him, he have to respect thw law.
 However, Mr. Le Thuc Anh, Chairman of the Vietnam Bar Federation, said that law does not define “right to silence” but it should define “the accused has the right not to declare their disadvantage”.
A solution against extortion and torture raised by Mr. Le Huu The as prescribed that mandatory recording of sound or images on interrogation operation to the accused. However, some argued that the economic conditions are more difficult to ensure.
After all, it should be inheritted the current regulations in recording when it deems necessary. The occurrence of a number recent wrongfully judgements due to the lack of responsibility of the investigators, prosecutors. We can not take them as examples to adjust policies especially when it will spend much state budget.
Some lawmakers agreed with the provisions to mandatorily record interrogation operations of the accused. However, many ideas considered that above regulation in all cases is not necessary and feasible. It is enough for all interrogations of the accused to be recorded in the minutes of the interrogation and all included in the case file.
Besides, in case of necessity as defendants claim innocence, denouncing extortion, torture or under sentence of death, it may be required to record sound and images.


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All comments [ 3 ]


Tứ Long 17/4/15 23:49

extortion and torture during investigations have happened quite popularly, so it's important that related agencies realize their mistakes to change and avoid repeating again

Rực Rỡ 19/4/15 08:58

reccently the authority 's admitting mistakes in investigations and judgements as well as publiclly apologizing show more democracy in Vietnam.

Phu Chem 19/4/15 09:06

promulgating Criminal Procedure Code is good way to limit mistakes in investigations and judgements

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