On the morning of January 31, at the People's Committee of Tan Tao A Ward, Binh Tan District (HCMC), the People's Procuracy of HCMC organized a public apology and correction for Mr. Nguyen Van Khan (71 years old, residing at 25, Street 3, KP4, Tan Tao A Ward, Binh Tan District) - who was wrongly prosecuted in 1994.
Representative of Ho Chi Minh City People's Procuracy sent sincere apology for wrongfully prosecuting Mr. Nguyen Van Khan
According to the incident, on November 12, 1991, Mr. Nguyen Van Khan (Director of Thai Duong Joint Stock Company) signed an economic contract with Mr. Dang Kien Cuong to transfer 177,800 m2 of land in Tan Tao commune, Binh Chanh district (HCMC), for 1,019 taels of gold, witnessed by the Binh Chanh District Construction Industry Department.
During the contract implementation, Mr. Cuong gave Mr. Khan 991 taels of gold to buy the above land area from 25 households and Mr. Khan paid the households 800 taels of gold, equivalent to 123,116 m2 . Of which, 22,149 m2 had been transferred to Mr. Cuong , the remaining 100,967 m2 were being transferred when on October 2, 1992, the People's Committee of Binh Chanh District issued Official Letter No. 287 not allowing Mr. Khan and Mr. Cuong to transfer and sell land.
On October 15, 1994, Mr. Cuong filed a complaint against Mr. Nguyen Van Khan to the Binh Chanh District Police.
On November 10, 1994, Binh Chanh District Police issued a decision to prosecute the case, prosecute the accused, and temporarily detain Mr. Nguyen Van Khan for the crime of "fraudulent appropriation of citizens' property". On November 11, 1994, Binh Chanh District People's Procuracy approved the related decisions and orders.
On April 11, 1995, the People's Procuracy of Binh Chanh District signed a decision to transfer the case file to the Ho Chi Minh City Police Department with the assessment: The value of damaged property was large, the case was complicated and under the jurisdiction of the city to investigate and try.
Mr. Nguyen Van Khan happily shook hands with representatives of Ho Chi Minh City Police after the apology.
However, through investigation and prosecution, the Ho Chi Minh City People's Procuracy found that due to the official dispatch of the People's Committee of Binh Chanh District not allowing the land transfer and sale to continue; on the other hand, Mr. Cuong was also partly at fault according to the contract appendix, and has now overcome all the consequences. Because the above economic contract is a civil relationship, Mr. Nguyen Van Khan will not be prosecuted for criminal liability.
Therefore, on November 25, 1995, the Ho Chi Minh City People's Procuracy issued a decision to cancel the temporary detention and issue an order prohibiting Mr. Khan from leaving his place of residence. On November 15, 1997, the Ho Chi Minh City People's Procuracy issued a decision to suspend the investigation of the case and suspend the investigation of the accused against Mr. Khan...
"Sincere apologies to Mr. Nguyen Van Khan"
At the apology, Ms. Vu Thi Xuan Nhue (Head of the Office of Prosecution and Appeals of Criminal Cases, Ho Chi Minh City People's Procuracy) on behalf of the Ho Chi Minh City People's Procuracy and Ho Chi Minh City Police stated that the reason for the wrongful prosecution of Mr. Nguyen Van Khan was that the prosecuting agencies had not fully and comprehensively considered and evaluated the case, leading to violations that caused Mr. Khan to be wrongly convicted.
Mr. Nguyen Van Khan received an apology and flowers from the Ho Chi Minh City People's Procuracy.
“The violations and consequences of the violations caused by the public servants against Mr. Nguyen Van Khan are irreparable losses in terms of honor, spirit and material for Mr. Nguyen Van Khan and his family in the past time. Thereby, the People's Procuracy of Binh Chanh District, the People's Procuracy of Ho Chi Minh City, and the Investigation Police Department of Ho Chi Minh City Police have seen their responsibilities and drawn profound lessons in the process of prosecuting the case,” Ms. Nhue stated.
Ms. Vu Thi Xuan Nhue continued: "On behalf of the prosecution agencies that have wrongfully prosecuted and detained Mr. Nguyen Van Khan, I sincerely apologize to Mr. Nguyen Van Khan, seriously accept responsibility and commit to be more careful and more responsible in the investigation and prosecution of criminal cases in the future so that the same injustice as happened to Mr. Nguyen Van Khan will not happen again."
"Once again, on behalf of the prosecuting agencies - who allowed the wrongful prosecution to occur, I would like to send my sincere apologies to Mr. Nguyen Van Khan and hope that his life will stabilize in the coming time," said Ms. Nhue.
According to Ms. Nhue, after the apology, the Ho Chi Minh City People's Procuracy will carry out compensation procedures for Mr. Khan and will publish an apology in the newspaper according to the law.
"At my old age, I was moved to receive an apology from the Ho Chi Minh City People's Procuracy."
Receiving the apology from the Ho Chi Minh City People's Procuracy, the wrongly prosecuted person - Mr. Nguyen Van Khan was moved: I am very touched that the Ho Chi Minh City People's Procuracy cares and organizes a public apology. I don't know what else to say. What I wanted to say, Ms. Nhue expressed when reading the apology. If the pen is wrong, a person's whole life will be ruined. My life is walking on a carpet, falling down, my life is lost, my family is broken. At my old age, receiving an apology from the Ho Chi Minh City People's Procuracy, I am moved, sincerely thank you. I hope that the officials will look at this, so as not to cause more wrongful convictions."
Mr. Nguyen Van Khan emotionally spoke at the apology ceremony.
"The 51 days of solitary confinement and the time after that were a time of shame for me. But today, when the Ho Chi Minh City People's Procuracy apologized and corrected me, everything seemed to have gone with the wind. Now the officers are like my family," Mr. Nguyen Van Khan shared with Thanh Nien reporters after the apology.
Mr. Nguyen Van Khan added: "After today's apology, if I publish it in the newspaper, I will have to carry the newspaper with me wherever I go to tell people about my life."
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