E/CN.4/1995/31/Add.4
page 16
50.
The authorities stated that only counsel (including consuls as of the
fourth day of detention, in the case of foreigners) were authorized to visit
pre-trial detainees. This was pursuant to the 1992 ordinance on prison
regulations, which prohibited visits from any other persons, including
relatives, in order to prevent outside contacts from interfering with the
investigation by facilitating collusion of witnesses and the concealment or
disappearance of evidence.
51.
In accordance with these regulations, the authorities did not permit
the Working Group to visit the Chi Hoa pre-trial detention centre in
Ho-Chi-Minh City, on the grounds that it would not only be contrary to the
provisions of the above-mentioned ordinance, but would set a precedent which
could be invoked in other circumstances. They pointed out, however, that
there were plans to amend the regulations and liberalize the visiting rules,
particularly for the benefit of relatives, when outside contacts could no
longer prejudice the investigation.
52.
The Chi Hoa centre being on the list of places of detention to be
visited, drawn up in coordination with the Vietnamese authorities prior to the
visit, the Group proposed that it be authorized to visit that centre. The
authorities referred to the applicable law, which prohibited persons under
investigation from being visited, and stated that in this context they did not
wish to create a precedent. The Working Group explained that its visit would
not create a precedent and suggested ways and means whereby it would not be so
considered. The Group’s request not having been acceded to, it expressed its
profound regret at the authorities’ unyielding attitude, and hoped that such a
visit would be permitted in the course of a subsequent mission, especially
since this would provide evidence of the spirit of cooperation and give proof
of the sincere efforts of the Vietnamese authorities to provide the
transparency necessary to make such visits meaningful and productive.
2.
Verifying the legality of pre-trial detention
53.
Any improvement process must take account of the special characteristics
of the institutional system in question. Among the most important of these
special characteristics, the Working Group noted the special status and
importance of the role of public prosecutors. Until 1960, the Public
Prosecutor’s Office was accountable to the Government. Since then, it has
been accountable to the National Assembly, which, according to its President,
indirectly confers on it a sort of popular legitimacy. It comprises three
levels:
(i)
(ii)
(iii)
The people’s district prosecutors;
The people’s provincial prosecutors;
The People’s Supreme Prosecution Department.
54.
The National Assembly elects one of its members as President of the
People’s Supreme Prosecution Department, who appoints the Vice-President and
members of the provincial prosecutors’ offices. The prosecutors’ offices are
now detached from, and thus independent of, the Ministry of Justice as regards
the conduct of prosecutions, for which they have exclusive responsibility.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents