Prevent and limit acts of torture
After becoming the 158th State Party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Convention against Torture or CAT Convention) in 2015, Vietnam has actively organized dozens of cooperation activities with foreign partners in disseminating and providing guidance on teaching skills and the content of the Convention.
Colonel, Associate Professor, Dr. Tran Nguyen Quan - Deputy Director, Department of Legislation and Administrative and Judicial Reform, Ministry of Public Security informed that along with international cooperation activities, Vietnam pays special attention to raising awareness of officials and people about human rights and anti-torture.
According to Mr. Tran Nguyen Quan, many regulations on preventing and punishing acts related to torture in the Convention have been internalized in 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 Amnesty Law, the Law on Execution of Criminal Judgments... along with hundreds of related guiding documents to standardize procedures, publicize regulations, supplement institutions to prevent acts of torture, protect people at risk of torture as well as better support victims of torture throughout the process of handling complaints, denunciations, investigation, temporary detention, temporary detention, prosecution, trial, execution of criminal sentences, and compensation for damages.
“Many regulations in these documents have correctly and accurately answered the concerns and questions of the Committee against Torture, international organizations and foreign partners,” said Mr. Tran Nguyen Quan.
Vietnam focuses on raising awareness among officials and people about human rights and anti-torture.
According to Mr. Quan, one of the positive changes in Vietnam in preventing torture is the installation, exploitation and use of audio and video recording during the interrogation of suspects in particular and in criminal proceedings in general.
Regarding temporary detention and temporary imprisonment; execution of criminal sentences; medical examination and treatment in detention facilities; complaints and denunciations; defense and legal aid; disciplinary action against cadres, soldiers, civil servants and public employees; grassroots democracy; professional ethics; judicial reform; administrative reform... Vietnam has issued documents for implementation and enforcement.
Mr. Tran Nguyen Quan commented that, based on changes in legal documents, Vietnamese authorities have promptly organized the implementation of these regulations.
Thereby, contributing to better ensuring the rights of people in general and the rights of those at risk of torture in particular as well as enhancing the responsibility of public officials, contributing to preventing and limiting acts of torture.
Vietnam's efforts in implementing the convention
In implementing the Convention against Torture, Colonel Tran Nguyen Quan said that Vietnam is promoting the development of e-Government, moving towards digital Government for good national governance to improve the management capacity of the Government and government agencies at all levels; providing people and businesses with public services, creating conditions for people to easily access everywhere; implementing a modern, effective and transparent Government.
Basically completed the construction of the National Population Data Center system and the construction of the system for producing, issuing and managing citizen identification cards; completed the collection and supplementation of population information nationwide, cleaned data, synchronized into the system and issued identification codes to citizens nationwide; completed the design and production of new citizen identification cards with electronic chips; successfully deployed the connection of the National Population Database for 13 units, ministries and branches; 4 state-owned enterprises; 63 localities....
Implement the National Public Service Portal at: www.dichvucong.gov.vn to perform administrative procedures, make online payments, reflect recommendations, evaluate the Service Index for People and Businesses of ministries, branches, localities...
In the legal field, Vietnam has built a national database of legal documents. All state agencies from central to local levels must use the agency's website or portal as a unified and centralized information provision channel on the network environment. State agencies must publicly disclose information to organizations and individuals in accordance with the provisions of the Law on Access to Information and the Law on Information Technology.
Vietnam has implemented a one-stop, inter-connected one-stop mechanism at State administrative agencies at 4 levels (ministerial, provincial, district, and communal levels) to receive dossiers, process, and return results of administrative procedure settlement through the one-stop department.
Along with that, Vietnam has implemented democracy at the grassroots level, especially democracy in detention facilities, compulsory education facilities, and reform schools under the Ministry of Public Security; democracy in the temporary detention and temporary imprisonment of the People's Public Security Force; in the investigation activities of the People's Public Security Force; democracy in inspection work, handling of complaints and denunciations, receiving citizens, and preventing and combating corruption of the People's Public Security Force.
Vietnam has also specified information that is made public for the people to know; forms of public disclosure; activities for people to give opinions, forms of giving opinions and forms of supervision; contributing to preventing and limiting negativity, bureaucracy, harassment and better ensuring human rights and people's rights, including the right not to be tortured with the motto "People know, people discuss, people do, people check, people supervise, people benefit".
At the same time, focus on building facilities and techniques to record audio or video during the interrogation of suspects, thereby contributing to preventing acts of torture. At the time of submitting the first National Report, Vietnam had "piloted" the installation of audio and video recording equipment during the interrogation of suspects at a number of police units and localities. Up to now, after the pilot period, Vietnam has deployed the installation nationwide. Vietnam has also established the Central Steering Committee for Judicial Reform and the Steering Committee for Judicial Reform at the provincial level nationwide to build a clean, strong, democratic, strict, justice-protecting, gradually modernized, serving the people, including the right not to be tortured...
Affirming the consistent and pervasive viewpoint of the Vietnamese State on strictly prohibiting all acts related to torture and forced confession (Illustration photo).
In addition to activities to strengthen the implementation of obligations of a member of the Convention against Torture, Vietnam pays special attention to presenting and defending the National Report before the Committee against Torture.
Accordingly, Vietnam submitted its first National Report to the Committee against Torture in 2017; presented and defended the information, data and content that Vietnam stated in its first National Report to the Committee against Torture in 2018.
After the presentation and defense of the first National Report, on December 7, 2018, the United Nations Committee against Torture issued a Mid-Term Report assessing the implementation of the Convention against Torture in Vietnam.
Based on the Interim Report of the Committee against Torture, Vietnam continued to develop and submit an Interim Report responding to these comments and recommendations in October 2020. It provided full arguments and supporting data, thereby affirming the consistent and consistent viewpoint of the Vietnamese State on the strict prohibition of all acts related to torture, forced confessions, and corporal punishment and resolutely and severely punishing all such violations.
Along with that, after carefully studying the appropriate recommendations of the Committee against Torture, with initial support from UNDP Vietnam, on February 14, 2023, Vietnam issued a Plan to enhance effective implementation of the Convention against Torture and appropriate recommendations of the Committee against Torture.
On the basis of closely following the appropriate recommendations of the Committee against Torture, this Plan has assigned Vietnamese ministries, branches and localities to strengthen and promote the effective implementation of the recommendations through specific activities .
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