17 years of wrongful murder conviction of the century-long prisoner Huynh Van Nen

The Head of the Investigation Police Agency, Binh Thuan Provincial Police, has given Mr. Huynh Van Nen the decision to suspend the investigation of the suspect.

The Investigation Police Agency of Binh Thuan Province Police has issued a decision to suspend the investigation of the accused Mr. Huynh Van Nen (residing in Tan Minh Commune, now Tan Minh Town). This agency determined that Mr. Nen's actions "do not constitute the crime of "Murder and Robbery".

On the morning of November 28, at the People's Committee of Tan Minh town, Ham Tan, Binh Thuan, Colonel Pham That, Deputy Director of Binh Thuan Provincial Police, Head of the Investigation Police Agency, Binh Thuan Provincial Police, presented Mr. Huynh Van Nen with a decision to suspend the investigation of the accused.

Mr. Nen signed the decision to suspend the defendant on the morning of November 28.

According to the Decision dated November 27 of the Investigation Police Agency, Binh Thuan Provincial Police, there is no basis to convict Mr. Nen of killing Ms. Le Thi Bong on April 23, 1998.

On the night of April 23, 1998, Ms. Le Thi Bong was murdered at her home in Hamlet 2, Tan Minh Commune (now Tan Minh Town, Ham Tan, Binh Thuan). At that time, Mr. Huynh Van Nen did not have a stable job, committed a number of thefts, and burned down shacks in the village, so he was suspected of killing Ms. Bong. On May 17, 1998, Mr. Huynh Van Nen was arrested by the Investigation Police Agency, Binh Thuan Provincial Police. Mr. Nen confessed to killing Ms. Bong to steal a 1-tael gold ring.

In October 1998, Mr. Nen confessed that he and many members of his wife's family killed Mrs. Duong Thi My in a cashew garden in village 2, on the night of May 18, 1993, to the morning of May 19, 1993. After 4 months of investigation, on September 22, 1993, the Investigation Police Agency of Binh Thuan Province Police had to issue a decision to suspend the investigation. Based on Mr. Nen's testimony, on December 2, 1998, Binh Thuan Province Police resumed the investigation of Mrs. My's murder, prosecuting Mr. Huynh Van Nen, Mr. Nen's wife, Mrs. Nguyen Thi Cam, Mr. Nen's mother-in-law, 4 biological sisters and 2 biological grandchildren of Mrs. Cam, and Mr. Tran Van Sang, Mrs. Cam's brother-in-law, a total of 10 people. That case, later became a famous wrongful conviction, known as the "cashew garden case".

On August 26, 2000, an inmate at Song Cai Prison (Ninh Thuan), Nguyen Phuc Thanh, filed a complaint accusing Nguyen Tho and Ho Van Viet, both from Tan Minh commune, of killing Ms. Bong, and Mr. Nen was not the perpetrator. However, at the first instance trial of Ms. Bong's case on August 31, 2000, the People's Court of Binh Thuan province still determined that defendant Huynh Van Nen was the perpetrator of Ms. Bong's murder, a danger to the people, and should be sentenced to the highest penalty of death. However, because Mr. Nen had reported the murder of Ms. Duong Thi My, the Court allowed Mr. Nen to enjoy mitigating circumstances and sentenced him to life in prison for murder. Combined with the 5-year prison sentence for "robbery of citizens' property" and "intentional destruction of citizens' property", Mr. Nen must serve a life sentence.

At the end of September 2000, Mr. Nguyen Than, Chairman of Tan Minh Commune People's Committee, made a report on Mr. Nguyen Phuc Thanh's accusation, requesting that law enforcement agencies urgently clarify. On October 20, 2000, Lawyer Nguyen Hong Ha, Khanh Hoa Province Bar Association, who was defending the defendants in the "cashew garden case", filed a petition stating that Mr. Nguyen Phuc Thanh accused Nguyen Tho and Ho Van Viet of killing Mrs. Bong, requesting the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to appeal the final judgment of Mrs. Bong's case, to cancel the case and reinvestigate from the beginning. The requests of Mr. Nguyen Than and Lawyer Nguyen Hong Ha were not accepted.

Decision to suspend the defendant Huynh Van Nen.

On October 23, 2000, Mr. Nen filed an appeal, requesting a reduction in his sentence. The Court of Appeal, the Supreme People's Court in Ho Chi Minh City did not accept Mr. Nen's late appeal. On March 7, 2001, the People's Court of Binh Thuan Province held the first instance trial of the "Cashew Garden Case". Previously, defendant Nguyen Thi Nhung, Mr. Nen's wife's sister, died on the night of February 24, 2001, due to a serious illness. The court sentenced 5 defendants to between 2 and 10 years in prison for "murder", of which Huynh Van Nen was sentenced to 6 years in prison.

On June 14, 2001, the Court of Appeal, the Supreme People's Court in Ho Chi Minh City held the first appeal hearing of the "Cashew Garden Case". Here, Mr. Nen changed his testimony, saying that the defendant's confessions and statements about the crimes of others were due to being beaten and forced to confess, and that in fact, the defendant knew absolutely nothing about the murder of Mrs. My. The first appeal hearing had to be adjourned after 1 working day. On April 5, 2002, the second appeal hearing of the cashew garden case was opened, the Court of Appeal of the Supreme People's Court in Ho Chi Minh City announced the cancellation of the first instance judgment for reinvestigation. In prison, Mr. Nen again confessed his guilt in the cashew garden case. During the last 7 days of July and the beginning of August 2002, the People's Court of Binh Thuan province held the first instance trial (second time) of the cashew garden case, concluding that the defendants had committed the crime of murdering Ms. Duong Thi My, and reduced Mr. Nen's sentence from 6 years to 5 years in prison in this case.

From March 9, 2005 to March 11, 2005, the Court of Appeal, Supreme People's Court in Ho Chi Minh City heard the appeal (third time) of the "Cashew Garden Case". Here, Mr. Nen again stated that he knew nothing about the murder of Mrs. My, and he also stated that he was wronged in the case of Mrs. Bong. The Court annulled the entire first instance judgment (second time), handed over the entire file to the first instance court to reinvestigate from the beginning, and recommended that the Ministry of Public Security's Investigation Agency take over the investigation.

On December 26, 2005, the Investigation Police Agency, Ministry of Public Security issued decisions to suspend the investigation of the defendants in the “cashew garden case” due to insufficient evidence to prove their criminal acts. Afterwards, the defendants in this case were suspended from investigation, released, publicly apologized by law enforcement agencies and compensated for wrongful convictions according to Resolution No. 388/2003/NQ-UBTVQH11 of the National Assembly Standing Committee. Mr. Nen alone was not compensated for wrongful convictions in the “cashew garden case” and continued to serve a life sentence in the case of Ms. Bong.

Realizing that there were many shortcomings and serious violations in all stages of the investigation and trial of Huynh Van Nen's case, on November 12, 2014, the Supreme People's Court issued a final decision, annulling the charges and punishment against Mr. Huynh Van Nen in the first instance criminal judgment dated August 31, 2000 of the People's Court of Binh Thuan province, and transferring the case file to the first instance court for reinvestigation.

On January 6, 2015, the Investigation Police Agency, Binh Thuan Province Police received the case file for re-investigation and issued a 4-month detention order for the defendant Huynh Van Nen. After that, the People's Procuracy of Binh Thuan Province extended Mr. Nen's detention twice, until January 8, 2016./.

According to Tien Phong