Crime of torture proposed for Criminal Code

Torture as a crime should be included in the Criminal Code in order to prevent and address all forms of torture, a number of legal experts proposed.
Torture as a crime should be included in the Criminal Code in orderto prevent and address all forms of torture, a number of legal expertsproposed.

The recommendation was made during aninternational conference held by the Ho Chi Minh City University of Lawand the Vietnam Lawyers’ Association on November 7, with a focus on theUN Convention against Torture and Other Cruel Inhumane or DegradingTreatment or Punishment (UNCAT).

The convention wassubmitted to the National Assembly and will be debated during theongoing eighth session of the 13 th NA.

Participants highlighted the importance of UNCAT, Vietnam ’sobligations to issue regulations in accordance with the convention, andcriminal liability of torture as well as the prevention of torture inthe first place.

According to Prof. Dr Dao Tri Ucfrom the Hanoi National University , in order to prevent torture,it is necessary to strengthen the legal rights of prisoners anddefendants, including the right to remain silent.

Atthe same time, it is important to improve the supervisory role of theNational Assembly’s Justice Committee and NA deputies in the field,whilst also completing the Law on State Compensation, he said.

Sharing Uc’s opinions, Dr Dao Thi Le Thu from the Ho Chi Minh CityUniversity of Lasw suggested acts of torture be criminalised byincluding it as a crime with punishments similar to those stipulated forcrimes in Chapter XXIV of the Criminal Code, which range from 10 yearsin prison to the death penalty.

Meanwhile,Associate Prof. Dr Tran Do, Deputy Chief Judge of the Supreme People’sCourt, highlighted the need to specify measures to prevent torture andcomplete regulations on the legal status of detainees to safeguardrespect for human rights and rights to legal support.

During the conference, participants said it is necessary to clarify anumber of regulations, including those on cases interrogated at night,the observation of defendants and prisoners’ rights to remain silent,and regulations on professional measures applied during interrogationprocess.-VNA

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