According to Article 2, Clause 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), “No exceptional circumstances whatsoever, including war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” In recent times, Vietnam has issued many legal documents to specify this provision of the Convention, including some of the following main contents. Based on the nature of our State, from the theory and practice of national development in recent years, our Party and State have become more aware of the importance of human rights and the relationship between people and politics, between citizens and the State, between individual freedom and national law. [caption id="attachment_605041" align="alignnone" width="768"]
Detainees and prisoners are allowed to meet their relatives at the prescribed time and number of times. (Photo: Communist Party of Vietnam Newspaper)[/caption] In that relationship, it must be affirmed that: Individuals make up society; state power originates from citizens and is limited by the will of the people. The freedom and dignity of each individual must be respected and protected by society and the State. The 1946 Constitution for the first time defined a principle against arbitrary acts in judicial activities in Vietnam, according to which "Vietnamese citizens cannot be arrested and imprisoned without the decision of the judiciary. The residence and correspondence of Vietnamese citizens must not be illegally violated by anyone" (Article 11). Although this provision does not specifically mention the issue of torture, it is important to protect people from human rights violations in judicial activities, including acts of torture, inhumane treatment and humiliation. The above principle continued to be inherited and developed by later Constitutions into a full constitutional principle on the inviolability of the body, honor and dignity of citizens, which is applied in all circumstances, including in litigation activities (Articles 27 and 28 of the 1959 Constitution; Articles 69, 70 and 71 of the 1980 Constitution; Article 71 of the 1992 Constitution). Specifically, Article 71 of the 1992 Constitution (amended and supplemented in 2001) stipulates: “Citizens have the right to inviolability of the body, and are protected by law in terms of life, health, honor and dignity. No one shall be arrested without a decision of the people's court, a decision or approval of the people's procuracy, except in cases of flagrante delicto. Arrest and detention must comply with the law. All forms of coercion, torture, and insult to the honor and dignity of citizens are strictly prohibited”. The above provisions of the 1992 Constitution continue to be inherited and supplemented, perfected in Clause 1, Article 20 of the 2013 Constitution. Accordingly: Everyone has the right to inviolability of the body, to be protected by law in terms of health, honor and dignity; not to be tortured, subjected to violence, persecution, corporal punishment or any other form of treatment that violates the body, health, or offends honor, dignity... Compared with the provisions of Article 71 of the 1992 Constitution (amended and supplemented in 2001), Clause 1, Article 20 of the 2013 Constitution has had very fundamental changes as follows:
First, in terms of subjects, the 2013 Constitution protects all individuals, or in other words, protects the right to inviolability of the body for humans while the 1992 Constitution (amended and supplemented in 2001) only recognizes this right for citizens. [caption id="attachment_605047" align="alignnone" width="768"]
The program "Lighting up the dreams of reformed youth" in 2023 at Suoi Hai Prison, Ba Vi (Hanoi). (Photo: Vietnam Youth Union)[/caption]
Second, the content of the right to inviolability, protection measures and forms of violation of the right to inviolability of the body of an individual according to the 2013 Constitution has been regulated more generally and clearly. Specifically as follows: Compared to the 1992 Constitution, the 2013 Constitution has additional provisions on two acts of "torture and violence" which are prohibited acts in the field of criminal justice to ensure human rights. According to this provision of the 2013 Constitution, specific acts such as insulting, threatening, beating people who are arrested, detained, imprisoned or serving a prison sentence, causing them serious physical and mental pain and suffering are acts that violate human rights. Other acts such as: forcing people to fast, abstain from drinking, eating bland food, not allowing them to sleep, confining them to dark rooms, interrogating them day and night, causing them to be extremely stressed, forcing them to stand or kneel during interrogation are all acts that offend their honor and dignity, and violate human rights. This provision of the 2013 Constitution protects all individuals in all different conditions and circumstances (for example, including Vietnamese citizens, foreigners living in Vietnam, or people being detained, imprisoned, etc.). That also means that it is the responsibility of the State not to infringe upon this right of an individual or set limits on this right, even in a state of emergency. The State has the responsibility to prevent and handle all acts that violate the body, health, honor, and dignity of individuals. In addition to the provisions of the Constitution, the right not to be tortured, forced to confess, or subjected to corporal punishment and the prohibition of torture, forced to confess, or subjected to corporal punishment are also recognized in many legal documents, including: the 2015 Criminal Procedure Code, the 2010 Law on Enforcement of Criminal Judgments, the 2015 Law on Enforcement of Detention and Temporary Imprisonment, and the 2015 Law on Organization of Criminal Investigation Agencies.
Tra Khanh
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