The court awarded 7.2 billion VND in compensation to Mr. Nguyen Thanh Chan.
On June 5th, Chief Justice of the Supreme People's Court Truong Hoa Binh announced that an agreement had been reached for 7.2 billion VND in compensation with Mr. Nguyen Thanh Chan, who was wrongfully imprisoned for nearly 10 years.
Reporting to the National Assembly on the situation regarding the resolution of wrongful convictions, Chief Justice Truong Hoa Binh stated that in the three years from 2012 to 2014, courts at all levels received 22 compensation claims, of which one was returned due to being outside their jurisdiction and two were deemed ineligible for processing.
The process of negotiating compensation and apologies for wrongful convictions was carried out seriously. After the compensation decisions were made, the courts prioritized completing the payment procedures.
"Regarding Mr. Nguyen Thanh Chan's case, we have apologized and negotiated compensation. Mr. Chan has agreed to accept 7.2 billion VND, and we are currently processing the paperwork," Chief Justice Truong Hoa Binh said.
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| Deputy Chief Justice of the Appellate Court of the Supreme People's Court Ngo Hong Phuc presents flowers to Mr. Nguyen Thanh Chan after he reads the apology. |
The head of the judicial branch stated that in the case of Mr. Luong Ngoc Phi (Quang Trung ward, Thai Binh city) who sued for 22 billion VND in compensation for wrongful conviction, the first-instance court agreed to the request, but the appellate court found it unsatisfactory and therefore overturned the verdict, ordering a retrial according to procedural rules. Regarding the case of Mr. Phan Van La in Long An, the judicial authorities also apologized and negotiated compensation of 470 million VND for him.
According to Mr. Binh, going forward, the courts will thoroughly apply the principles of adversarial proceedings, presumption of innocence, and the judicial power of the court. If the court finds that the investigation documents are incomplete but the Procuratorate still prosecutes, it will return the case for further investigation.
If the supplementary investigation is still unsuccessful, the court will directly verify the facts in accordance with the Law on the Organization of Courts, to ensure that the prosecution is based on sufficient grounds. When determining guilt, the court will base its decision on the content of the proceedings to clarify the nature of the case.
Mr. Chấn became entangled in legal troubles in August 2003 when the police in Việt Yên district, Bắc Giang province, accused him of murdering his neighbor, Nguyễn Thị Hoan, in Me village, Nghĩa Trung commune, Việt Yên district. Through various levels of court proceedings, he was found guilty of murder and sentenced to life imprisonment. Throughout his arrest, trial, and sentencing, he consistently maintained his innocence. His wife also relentlessly "knocked on the doors" of many government agencies, appealing for her husband's innocence. In July 2013, in a petition sent to the Supreme People's Procuratorate, she stated that she had independently verified that the perpetrator of the crime was Ly Nguyen Chung. Upon reviewing the petition, the Investigation Department of the Supreme People's Procuratorate launched an investigation. On November 4, 2013, Mr. Chấn was temporarily released from custody by the Supreme People's Procuracy after 10 years of imprisonment. Two days later, the Supreme People's Court, in a retrial, overturned the two previous convictions for murder against Mr. Chấn. The case was reopened for investigation. A few days earlier, Lý Nguyễn Chung surrendered, confessing to killing Ms. Hoan to steal two rings and 59,000 dong. Regarding responsibility in this wrongful conviction case, the Supreme People's Procuratorate has initiated legal proceedings and detained Mr. Tran Nhat Luat (former lieutenant colonel, deputy police chief of Viet Yen district, Bac Giang province) and Mr. Dang The Vinh (former head of Department 10, Bac Giang Provincial People's Procuratorate) for investigation into the act of intentionally falsifying case files. Mr. Pham Tuan Chiem (65 years old), former judge of the Appellate Court of the Supreme People's Court, who presided over the appeal hearing rejecting Mr. Chan's appeal, is also being investigated for the crime of negligence causing serious consequences. Mr. Nguyen Thanh Chan is demanding compensation of over 9.3 billion VND for 10 years of wrongful imprisonment and the return of all confiscated property, including an old bicycle, a pair of plastic water containers, and a set of shorts. |
According to VNE
