E/CN.4/1995/31/Add.4
page 21
Revision of the Code of Criminal Procedure
79.
In revising the Code of Criminal Procedure, consideration could be given
to the possibility of establishing a simplified emergency procedure (of the
"application for amparo" or "habeas corpus" type) to be instituted before a
judge or court and not just before the Public Prosecutor, so that the legality
of all forms of deprivation of freedom, particularly pre-trial detention, can
be ascertained in accordance with the provisions of article 14, paragraph 1,
of the International Covenant on Civil and Political Rights, concerning the
right of everyone to have his case heard by a competent, independent and
impartial tribunal.
Freedom of opinion
80.
Relaxation of the limitations and restrictions on the exercise of rights,
particularly those recognized by articles 69 and 70 of the new Constitution
concerning freedom of opinion (freedom of speech, of the press, of
information, of assembly, of association, of peaceful demonstration, of belief
and of religion).
C.
Recommendations on follow-up to the visit
Advisory services
81.
The Working Group recommends that the Centre for Human Rights should
establish contact with the competent Vietnamese authorities to consider, in
conjunction with the Working Group, the preparation and implementation of
assistance programmes for the training of judges and law-enforcement
officials. To this end, the members of the Working Group are at the disposal
of the Centre to participate in the drafting and preparation of such
programmes.
Follow-up to the visit
82.
In order to be better able to fulfil the mandate entrusted to it by the
Commission, the Working Group would be particularly receptive to the
possibility of paying a second visit to Viet Nam so as to inform the
Commission of developments since the drafting of this report and to visit
pre-trial detention centres, in view of the importance attached by the
Commission to this aspect of the Working Group’s mandate.
83.
Aside from the foregoing recommendations, the Working Group wishes to
inform the Commission of the initiative which it took during its visit. In
1995, Viet Nam will celebrate the twentieth anniversary of its reunification.
Aware of the symbolic significance of this event, the Working Group approached
the Government, through the Minister of Justice, to propose that the occasion
of the ceremonies to be held in commemoration of this event should be used to
grant amnesty to persons still detained in camps for offences relating to the
preceding period. The Working Group believes that a clemency measure of this
kind would help to promote the national reconciliation sought by the
Government.
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