It is necessary to study and amend the legal system on temporary detention and temporary imprisonment management.

(Baonghean.vn) - In order to collect information for the discussion of the draft Law on Temporary Detention and Temporary Imprisonment to be submitted to the National Assembly for approval at the 10th session taking place in October 2015, on the morning of July 28, the National Assembly Delegation of Nghe An led by Mr. Pham Van Tan - Head of the National Assembly Delegation of the province surveyed the implementation of temporary detention and temporary imprisonment at the Provincial Police Detention Center.

Also participating in the survey delegation were representatives of the Provincial People's Council Standing Committee, the Provincial Fatherland Front Committee, the People's Procuracy, the People's Court and the Provincial Police.

Mr. Pham Van Tan - Head of the National Assembly Delegation of Nghe An province chaired the meeting.

The provincial police detention center receives and detains an average of over 4,000 people each year. Of which, the regular flow is 900 - 1,000 people, including detainees; defendants and accused in detention; prisoners; people sentenced to death; and minors.

At the meeting with the Provincial National Assembly Delegation, the leaders of the Provincial Police Detention Center affirmed that the law enforcement in detention and temporary detention is carried out in accordance with current documents. The Center has also fully ensured the rights and regimes of detainees and temporary prisoners such as education, labor, food, rest, medical examination and treatment according to regulations; at the same time, there are many measures to improve the accommodation and living conditions of detainees and temporary prisoners.

Mr. Pham Van Ha - Chief Justice of the Provincial People's Court, Deputy Head of the Provincial National Assembly Delegation, requested the Detention Center to clarify the model for managing detainees and prisoners in which direction?

Mr. Nguyen Sy Hoi - Deputy Commander of Military Region IV, National Assembly Delegate spoke about some concerns about the shortcomings and difficulties in the management of temporary detention and temporary imprisonment.

However, the practical application of current regulations on temporary detention and temporary detention management is posing a number of shortcomings and difficulties. The reason is that the legal system on temporary detention and temporary detention management is outdated, many shortcomings are not guided and explained in a timely manner. The material facilities are inadequate according to regulations; the police force for protection and supervision has not met the requirements in terms of quantity and high working intensity. The responsibility for coordination of the agencies conducting the proceedings in temporary detention and temporary detention management is not good. Currently, there is no document regulating the relationship between the temporary detention and temporary detention management agency and the agencies conducting the proceedings (investigative agencies, the Procuracy, the Court); with the persons conducting the proceedings (investigators, prosecutors, judges, etc.); with the participants in the proceedings (defendants) to force organizations and individuals to coordinate well. There are no specific regulations on responsibilities and documents that the prosecution agency must provide, edit, and supplement during the process of managing and detaining detainees...

Representative of the Provincial People's Procuracy spoke about the relationship between the Procuracy and the Detention Center.

Mr. Nguyen Sy Phang - Warden of the Detention Camp explained and clarified a number of issues of concern to the survey team.

Through the survey, on behalf of the survey team, Mr. Pham Van Tan - Head of the provincial National Assembly delegation acknowledged that the unit has strictly complied with the provisions of the law on the management of detainees and temporary prisoners. Sharing the difficulties and shortcomings that are arising in the process of implementing legal regulations, Mr. Pham Van Tan fully accepted the recommendations and proposals of the unit to study and report to the National Assembly Standing Committee, to the agency drafting the draft law to revise and supplement so that when the law is promulgated, it meets the requirements set by reality, especially to resolve the shortcomings and problems.

Continuing the program of surveying the implementation of legal policies on detention and temporary imprisonment, on the afternoon of July 28, the National Assembly Delegation of Nghe An led by Mr. Pham Van Tan - Head of the National Assembly Delegation of the province had a working session at the Provincial Police Department.

Mr. Pham Van Tan - Head of the National Assembly Delegation of Nghe An province chaired the meeting.

According to the report of the Provincial Police, the sector is currently managing 1 temporary detention camp and 20 temporary detention houses at the district-level Police (except for Hoang Mai town which does not have a temporary detention house). In general, the management of temporary detention and temporary detention is carried out in accordance with the procedures and regulations of the law and demonstrates high humanity and humanity. The reception and classification of detainees are carried out seriously; there are measures to manage, strengthen inspection and control inside and outside the detention and detention areas, limiting the situation of detainees colluding, escaping, and committing suicide; the regime and policies for officers and prisoners are fully and promptly implemented; the security and safety of temporary detention camps and temporary detention houses are ensured, contributing to serving the investigation, prosecution, trial and execution of criminal sentences.

Deputy Director of the Provincial Police Nguyen Duc Hai clarified a number of issues of concern to the Provincial National Assembly Delegation.

At the meeting, the Provincial Police clarified a number of shortcomings and problems regarding facilities such as rooms, detention cells, and holding cells that are insufficient compared to the scale and flow of detainees; the design of the prison is not suitable, and there is no balance between the anti-overflow factor and the factor of ensuring ventilation and environmental hygiene. Equipment is still lacking and outdated. Currently, there are 69 detention cells and holding cells without surveillance cameras, and many of the equipped rooms are damaged. Technical equipment such as fingerprint scanners, magnetic gates, object scanners, electronic fences, video cameras, etc., have not been equipped. The qualifications of the staff at the detention camps and temporary detention houses are still inadequate, with few having formal university training, mainly intermediate and elementary training. Some professional qualifications are still limited. All of the above factors affect the management of temporary detention and temporary detention.

Deputy Head of PC 18, Provincial Police Phan Huu Chu reported to the Provincial National Assembly Delegation about the shortcomings and difficulties in the process of enforcing the law on temporary detention and temporary custody.

The National Assembly delegation took note of the discussion opinions of many delegates, affirming that the model of managing temporary detention camps and temporary detention houses should be managed by the local police according to the current model, and should not be transferred to the General Department of Police for Criminal Judgment Execution and Judicial Support for vertical management, as was the opinion during the process of collecting opinions to build the draft Law on Temporary Detention and Temporary Detention, which is being built to be submitted to the National Assembly for approval at the upcoming 10th session. What needs to be considered in the draft law is how to improve it to make it more effective.

Mr. Pham Van Tan - Head of the National Assembly delegation of Nghe An province acknowledged the opinions and proposals of the delegates on the draft Law on temporary detention and temporary imprisonment.

Some delegates also said that it is necessary to clearly define the scale, authority, and staffing of detention centers at the district level in the draft law to promote these detention centers, avoiding the situation of constantly pushing them up to provincial detention centers, causing overload. The number of people detained beyond their term is still high but is slow to be resolved...

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