The case of 5 police officers beating a person to death needs to be overturned, investigated, and retried.

The first instance verdict of the Tuy Hoa City People's Court (Phu Yen) sentencing five defendants, former police officers, for the crime of using torture and causing the death of suspect Ngo Thanh Kieu has caused a stir in public opinion, saying it is illegal.

Defendants at the first instance trial

After consideration, President Truong Tan Sang, who is also Head of the Central Steering Committee for Judicial Reform, requested the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to direct the settlement in accordance with the provisions of law and report the results to the President.

Tien Phong recorded more opinions about this sensational trial:

Lawyer Nguyen Kha Thanh, Deputy Head of Phu Yen Bar Association:Welcome the President's spirit of judicial reform

As the Vice Chairman of the Provincial Bar Association, I welcome the President’s special attention and direction on this case. This demonstrates the spirit of strong and decisive judicial reform. This “torture” case has caused a stir not only because of its serious nature.

As an audience member of the trial, I found this case extremely contradictory in the decision to prosecute and the trial. Because the process of questioning suspect Ngo Thanh Kieu is not considered the investigation stage of the case, because there has not been a decision to prosecute the case, prosecute the accused..., but this is only the investigation stage. The law has stipulated that torture is strictly prohibited under any circumstances.

However, this case is not only about torture but also has serious consequences such as death. But the Procuracy did not prosecute for illegal detention, lack of responsibility causing serious consequences, but only prosecuted for "torture", and did not prosecute for "murder" or "intentional injury", so it is very strange.

Lawyer Vo An Don (Phu Yen Bar Association, defending the family of victim Kieu):Will recommend to return the investigation file again

The President's timely direction helps people have more confidence in the law. In the appeal hearing, I will continue to petition to return the investigation file and retry, clarifying the actions of Tuy Hoa City Deputy Police Chief Nguyen Duc Hoan, head of the investigation team on the crimes of illegal arrest and detention, torture, and lack of responsibility causing serious consequences. It cannot be as the first instance panel of judges determined that there is no evidence showing that Mr. Hoan directed the use of torture, so there is no basis to accept our lawyer's request.

At the same time, the court also held that Mr. Hoan and other police officers had signs of illegal arrest and detention, but not to the extent of criminal prosecution and the Institute did not prosecute, so the panel of judges did not consider it.

Lawyer Nguyen Van Thang (Hanoi Bar Association, defending the first defendant Nguyen Than Thao Thanh):Need to investigate from the beginning

As a lawyer, I was very surprised when the jury said they were applying the law, but I didn’t understand what “law” it was. I think Vietnamese law does not tolerate such a prosecution and trial.

A series of issues in the case were clear as day but the verdict deliberately ignored them, which were a series of violations in all stages from investigation, prosecution to trial. Therefore, if the case is not overturned for re-investigation, it will not be able to convince the victim's family, the role of each defendant and public opinion.

Chief Justice of Provincial People's Court Le Van Phuoc:We will review

I have just been informed that President Truong Tan Sang has directed the serious handling of the case of the police officers who “used torture” to kill Mr. Ngo Thanh Kieu. I am currently on a business trip so I cannot give a specific answer. However, if there is an appeal or protest in this case, the People’s Court of Phu Yen province will hear the appeal. We will carefully and thoroughly review the entire case file to try the right person, the right crime, and the right provisions of the law in the spirit of “rule of law”.

Chairman of Phu Yen Provincial People's Committee, Pham Dinh Cu:Must be dealt with seriously and legally

The provincial leadership's viewpoint in this case is consistent, that is, it must be handled seriously and in accordance with the law. We absolutely do not interfere in the trial. Because each case has its own merits, whoever commits a crime, to what extent, must be dealt with according to the law, not severely but also not lightly.

Since the President has given his opinion, I believe that law enforcement agencies will seriously implement the President's direction.

"Murder is the only appropriate crime"

Lawyer Ha Dang (Hanoi Bar Association) commented: “Through monitoring the case, I have noticed that there are many irregularities that have not been clarified by the prosecution agencies, especially signs of wrongful conviction, as well as omission of criminals. Documents examining the cause of the victim's death show that he suffered more than 70 injuries on his body, including many brain injuries due to repeated strong impacts with batons. This means that, regardless of whether it was intentional or unintentional, with brain injuries, it is certain that when torturing the victim, the investigators fully understood the danger to his life. Moreover, the fatal consequences have clearly shown the "group beatings" inflicted on the victim by former police officers.

Thus, the trial of the defendants on the charge of Torture (Article 298 of the Penal Code) is not satisfactory. Here, it clearly shows the subjective consciousness of the former police officers, aiming to take away life, or at least, they understand that if external force is applied to a dangerous area of ​​the body, it is completely possible to cause the death of the victim, therefore, the charge of Murder is correct.

According to Tien Phong Online