A/HRC/12/11*
77.
On the conditions of detention and reform of inmates and those subjected to
temporary detention and investigation and interrogation, the delegation noted that all
citizens have the right to complaints, and that in case of miscarriage of justice, those
involved in the proceedings must compensate and can even be prosecuted criminally. The
delegation reaffirmed that Vietnamese law prohibits all acts of torture and there is no
practice of torture or degrading treatment of law offenders and those under detention for
investigative purposes. It also stated that there are no detention camps of the military or
police in Viet Nam. Every year, the State grants special amnesty for inmates with good
conduct. In early 2009, 15,000 inmates were commuted and released.
78.
Furthermore, the courts abide by the principle of equality, and no one is deemed
guilty and punished, including being put under probation, until so found and sentenced by
the court. Judges and people’s grand juries are independent and only abide by the law, and
Vietnamese law has strict rules on temporary arrest and detention. The delegation referred
to an increased interest in judicial reform, which aims to make court hearings more
democratic and transparent. The courts have ordered cash compensation for 80 per cent of
those making petitions for remedy, and the rest of the cases are being settled.
79.
The delegation referred to Constitutional provisions and stated that the rapid
development of the press in Viet Nam testifies to the freedom of speech, freedom of press
and the right to information. The press, inter alia, monitors the implementation of laws and
is indispensable for combating corruption. Every citizen has the right to provide feedback
on socio-economic development plans and programmes, and many cases of corruption and
wrongdoing have been detected and denounced by the people and brought to justice. With
people’s feedback, authorities have cancelled or adjusted many major construction projects.
The Government has implemented training and retraining programmes for over 2,000
journalists, thus helping improve the quality and reliability of the media. The law stipulates
that socio-political and professional organizations are allowed to publish newspapers, and a
new draft press law will consider allowing enterprises to publish newspapers.
80.
Côte d’Ivoire noted that Viet Nam provides appropriate nutrition for its population
and that 20 per cent of its budget is dedicated to education. It recommended that Viet Nam
(a) continue and enhance efforts to reduce the level of poverty, especially for vulnerable
groups, so as to boost employment, improve access to health and increase available social
housing, and (b) continue reforming the judiciary and civil service and building a State
based fully on the rule of law.
81.
While commending the efforts, the Republic of Korea expressed concern that some
parts of the rural population, ethnic minority women and children and persons with
disabilities benefit little from the improved economic conditions. It recommended
strengthening efforts in the areas of civil and political freedoms that include freedom of
expression and the press and freedom of religion.
82.
Nigeria noted challenges faced, including limited resources, inadequate training for
judicial personnel and the high unemployment rate. Nigeria called on the international
community to provide the necessary resources. Nigeria recommended that Viet Nam (a)
ratify CPD and put in place the draft law on people with disabilities in timely fashion; (b)
sign and ratify the CAT as recommended by the Committee on the Elimination of
Discrimination against Women in 2007; and (c) improve prison conditions.
83.
Argentina recommended that Viet Nam (a) take the necessary steps to comply with
ICCPR, particularly to reduce cases of arbitrary detention and ensure that the right to a fair
trial based in law is guaranteed; (b) take the necessary steps to ensure that citizens can fully
enjoy these rights; (c) consider the possibility of inviting the Special Rapporteurs on
freedom of expression and freedom of religion to visit the country. Argentina recommended
(d) ratification of the second Optional Protocol to ICCPR to abolish the death penalty; until
GE.09-16382
15
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