Legal aid does not meet practical requirements

(Baonghean) - Nghe An is a locality with a large concentration of ethnic minorities, limited education, and backward culture and customs. Therefore, the task of legal aid activities in the area is even more difficult and has a very great social significance.In fact, this work still does not meet current requirements.

Legal aid activities of Nghe An Bar Association in Hung Nguyen district.

Ensuring rights for the disadvantaged

Not long ago, the unjust HIV infection case of Mr. Hoang Khac Suu (Cua Lo town) for more than a decade attracted special attention from the public. Finally, he regained his justice thanks to the legal assistance of Trong Hai Law Office and associates.

In 2003, while serving his sentence at Prison No. 3 (Ministry of Public Security), Mr. Suu was taken for a blood test at the Nghe An Preventive Medicine Center and was found to be HIV positive. In 2013, after completing his sentence, he returned to his hometown and was under the management and care of the Nghi Thu Ward Health Station as an HIV-positive person. At the end of 2014, Mr. Hoang Khac Suu went to the HIV/AIDS Prevention Center for a test and was found to be “HIV negative”. The test results at Nghe An General Hospital later showed similar results.

Believing that the mistake in the conclusion of the relevant agency had affected his spirit, health, and honor and that of his family, Mr. Suu filed a complaint to the Nghe An Department of Health. Trong Hai Law Office and associates provided free legal assistance to Mr. Hoang Khac Suu during the process of suing the Nghe An Preventive Medicine Center.

After more than half a year and 9 working sessions, the Nghe An Provincial Preventive Medicine Center agreed to support Mr. Hoang Khac Suu with 50 million VND. The Nghe An Department of Health removed his name from the list of HIV-infected subjects in the locality, and at the same time sent a notice of the incident to the residential area to "clear his name".

The case of Mr. Hoang Khac Suu is an example among many cases that received legal assistance to reclaim their legal rights and interests. Not only do people who need assistance come to legal assistance centers, but also the facilitators and collaborator lawyers come to the place to provide legal support to the people.

In addition, Nghe An Bar Association also actively participated in this activity. In 2015, Nghe An Bar Association provided 6 assistance sessions: in Hung Tay commune, Hung Tan commune (Hung Nguyen district) with 45 assistance sessions, Hung Hoa commune, Vinh Tan ward, Dong Vinh ward (Vinh city) with 56 assistance sessions, Dien Thai commune (Dien Chau district) with 25 assistance sessions.

To help people grasp information about legal aid, the headquarters of the prosecution agencies, detention camps, and temporary detention centers have installed information boards and information boxes about legal aid. Up to now, in addition to the Legal Aid Center with its headquarters, the province has opened 3 more branches of the Legal Aid Office in Dien Chau district, Thai Hoa town, and Tuong Duong district.

The Center also coordinates with the People's Committees of districts and the Justice Departments of districts in the process of implementing mobile legal aid. The effectiveness of mobile legal aid has partly met the needs of people to enjoy free legal aid services. Thereby, it actively contributes to protecting the legitimate rights and interests of people; helps to resolve problems and disputes right at the grassroots level, reduces people's travel, and contributes to reducing petitions and complaints that go beyond the level and drag on.

Inadequacies and "hot" stories in the parliament

Dr., Lawyer Nguyen Trong Hai - Head of Trong Hai & Associates Law Office (right cover) provides free legal advice to people at Nghe An Newspaper. (Photo courtesy)

It can be seen that TGPL is a form of providing free legal services, but the quality of this type of service is not really guaranteed and has not achieved good results. In cases of representing and defending litigants who are beneficiaries of TGPL, there is no representation and defense by experienced lawyers or defenders. This limits the ability to access justice and the right to access justice of TGPL beneficiaries.

In addition, legal aid activities for the poor and policy beneficiaries have been implemented for nearly 18 years, but many people who are eligible for legal aid still do not know their rights to legal aid, especially people in rural, remote and isolated areas. Along with that, mobile legal aid activities - a method considered the focus of legal aid organizations - are still formal, mainly propagating and disseminating the law, not paying attention to quality, and people participate little.

According to Dr. and Lawyer Nguyen Trong Hai, the fact that legal aid is free of charge does not mean that the quality is not guaranteed. When working with citizens, legal aid workers and collaborator lawyers must understand their psychology to encourage, reassure them, or share their thoughts and feelings. Those receiving assistance must be consulted directly and specifically on all legal issues that concern them; that is the top principle of those who work in legal aid.

However, the provision of legal aid to the subjects currently also faces many difficulties such as funding sources not meeting the need for assistance while Nghe An has many remote areas, far from the center; legal aid activities for the subjects still have to be integrated with other legal aid activities and programs; the majority of the subjects receiving assistance have poor awareness of the law, so it is difficult to convey assistance information, etc.

Expressing concerns about the existing problems in the current legal aid work, Mr. Nguyen Ngoc Thanh - Director of the Legal Aid Center (Department of Justice) said: The Center is a public service unit but has no source of revenue, the local budget is still low, so the organization of legal aid for people has not yet met the current requirements, when the number of people needing legal aid in the province is quite large.

Delegate Hoang Thi Thu Trang speaks at the discussion hall. (Photo courtesy)

At the National Assembly session, talking about the ineffective operation of the legal aid branches, delegate Hoang Thi Thu Trang - Director of the Civil Judgment Enforcement Department of Nghe An province expressed her opinion: Reducing the scope of legal aid, reducing collaborators and especially cutting the legal aid branches which have long been considered as the legs of the legal aid center is really a very bold idea, like a "surgery". Because from the perspective of the common interest, the interests of the State and the people, it is very beneficial. The delegate suggested that the Government should build a streamlined, professional and high-quality legal aid model.

The more society develops, the higher the demand for legal aid of the people, especially those who are supported by the State. How can legal aid activities truly be a "bridge" between local authorities and people in resolving concerns and problems in social life and legal aid workers become trustworthy companions of people on the path to protecting justice? This issue is still a "hot" topic in both the parliament and in life.

Phuong Thao