The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT Convention) was adopted by the United Nations General Assembly on December 10, 1984 by Resolution 39/46. The Convention entered into force on June 26, 1987 after being ratified by 20 countries.
The Convention Against Torture is one of the seven core human rights treaties of the United Nations. As of May 2019, the Convention had 166 member states.
Vietnam is the 158th member of the CAT Convention, joining in 2015. Since then, many provisions on the prevention and punishment of acts related to torture in the CAT Convention have been internalized by Vietnam into the 2015 Penal Code, the 2015 Criminal Procedure Code (amended and supplemented in 2021), the 2015 Law on Organization of Criminal Investigation Agencies, the Law on Temporary Detention and Imprisonment, the Law on Denunciation, the Law on Amnesty, and the Law on Enforcement of Criminal Judgments.
Along with that, hundreds of related guidance documents have standardized procedures, publicized regulations, and supplemented institutions to prevent acts of torture, protect people at risk of torture, and better support victims of torture throughout the process of handling complaints, denunciations, investigations, temporary detention, prosecution, trial, execution of criminal sentences, and compensation for damages.
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The Vietnamese delegation at the presentation of Vietnam's National Report on the implementation of the United Nations Convention against Torture. (Photo: Ministry of Public Security)[/caption]Vietnam's efforts in implementing the Convention
The first national report of Vietnam on the implementation of the CAT Convention was defended in Geneva (Switzerland) in November 2018. At the meeting, Vietnam emphasized its outstanding achievements in preventing and combating torture and updated new information since the submission of the report.
Notably, Vietnam has issued a Project to disseminate the contents of the Convention and Vietnamese laws on anti-torture to officials, civil servants, public employees and the people. The goal is to raise awareness and understanding of officials, civil servants, public employees and the people about the contents of the Convention and related Vietnamese laws on preventing and combating torture; to educate and foster awareness of respecting and complying with the Convention against Torture and Vietnamese laws on preventing and combating torture for officials, civil servants, public employees and the people.
The Ministry of Public Security also piloted the organization of audio and video recording in criminal proceedings at 45 facilities and audio and video recording data is considered part of the criminal case file; enhanced education on public ethics and professional ethics for public service officers, investigators, wardens, prison and detention camp management officers, judicial support officers, prosecutors, and judges; strictly handled violations, especially violations of criminal law related to torture.
In addition, Vietnam has continued to actively cooperate with foreign partners in preventing and combating torture, through the exchange of information and experience in organizing and implementing the Convention as well as practical measures, means and effective use of equipment in preventing and combating torture; participating in and organizing international conferences and seminars related to combating torture, contributing to enhancing the capacity of Vietnamese officials, especially the police force, in implementing the Convention against Torture.
The Vietnamese Government delegation answered questions raised by members of the Committee against Torture during the dialogue and also pointed out difficulties in implementing the Convention; seriously taking note of recommendations for better implementation of the Convention in the coming time.
Vietnam successfully presented and defended the report, which was highly appreciated by the Committee against Torture.
Vietnam is strongly committed to respecting and protecting human rights, taking quality and solid steps in preventing and punishing all violations of human rights in general and those related to torture in particular, contributing to the effective implementation of the Convention against Torture, in accordance with the conditions and actual situation of Vietnam.
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Sports activities at a prison in Lam Dong. (Photo: Lam Dong Newspaper)[/caption]Continue to implement the Convention
The Ministry of Public Security has completed the draft of Vietnam's second national report on the implementation of the CAT Convention.
The draft report indicates that Vietnam has issued a National Action Plan to enhance the effective implementation of the CAT Convention nationwide. Vietnam has issued more than 56 laws and legal documents to better ensure human rights in general and prevent and punish acts related to torture in particular.
To implement the laws, Vietnam continues to issue hundreds of guiding documents to standardize procedures, publicize regulations, supplement institutions to prevent acts of torture, protect people at risk of torture, and better support victims of torture.
In addition, Vietnam has organized hundreds of training courses, conferences, seminars, talks, and competitions to learn about the CAT Convention and Vietnamese laws on preventing and combating torture; opened many columns, published many news, articles, and reports to propagate, disseminate, and answer legal questions related to the content of the CAT Convention and Vietnamese laws on preventing and combating torture on the media, radio and television programs, and social networks...
Along with the results of implementing the CAT Convention that Vietnam has achieved, the report also points out a number of internal issues that need to be addressed; a number of difficulties and challenges in the process of implementing the CAT Convention and appropriate recommendations of the CAT Committee.
Therefore, Vietnam's policy viewpoint and commitment to implementing the Convention is to determine the goal of building and perfecting the socialist rule-of-law state, improving people's lives and enjoyment rights, promoting and protecting human rights in Vietnam.
Vietnam has been and will continue to pay attention to, direct and implement the work of ensuring human rights, especially deploying and seriously implementing the CAT Convention and basic human rights conventions to which Vietnam is a member.
Participating in and effectively implementing the CAT Convention also affirms Vietnam's consistent policy in protecting human rights, creating a basis for enhancing dialogue and exchange with countries and international organizations on human rights.
The draft of Vietnam's second National Report on the implementation of the CAT Convention was discussed and consulted at the Workshop for Public Consultation of Government agencies, local authorities, socio-political organizations, professional organizations, non-governmental organizations and people on the draft CAT 2 Report, which took place on November 20, 2023.
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