How has judicial manipulation disabled Vietnam’s state apparatus?

In Vietnam today, the story of using money to manipulate state officials and judicial system is a common thing, and people “using money to ask for help” publicly. No matter what crime you commit, as long as you have money to pay for it, you have the possibility of getting away with it, or the serious crime will become light, the light crime will become not guilty.

Recent high-profile criminal cases with prices reaching millions of dollars include: the case of former Hai Phong Police Director Do Huu Ca receiving VND35 billion ($1.4 million) to manipulate an illegal purchase and sale of value-added invoices, the case of Major General and Deputy Director of Hanoi Police Nguyen Anh Tuan receiving $2.65 million to settle the rescue flight case is proof.

Tuoi Tre newspaper on March 12 reported, “An officer at the Inspection Committee of the Phu Yen Provincial Party Committee arrested for tricking in judicial manipulation.” The news said that the Police Investigation Agency of Phu Yen provincial Police informed that they had probed the case and arrested 2 defendants for “fraudulent appropriation of property” related to a crime.

These are the defendants Le Hai (54 years old) – an officer of the Inspection Committee of the Phu Yen provincial Party Committee; and Pham Phu Hoang Duy (39 years old), related to “fraudulent settlement of a criminal case.”

According to Tuoi Tre newspaper, the incident occurred on January 9, Phu Yen provincial Court tried the case of illegal drug trading against the couple Le Thi Xuan Thao and Phu Van Hung. Hung was sentenced to life in prison, while his wife Thao received a 20-year prison sentence.

But due to illness, Thao did not have to execute the sentence immediately, but was only banned from leaving her residence. Through social networks, she became acquainted with a person named Nguyen Duc Thien, and this person promised to help “solve the case.”

Thien then contacted Pham Phu Hoang Duy and Le Hai. Thao spent money on meals, travel, and gifts for this group, with a total amount of VND55 million. The part used as “gifts” for officials in Da Nang is about VND500 million- VND700 million. At the same time, Le Hai also promised Thao that, after the appeal trial, he would ask for Thao’s sentence to be postponed and pardoned, without having to go to jail.

In early February 2024, both Hai and Duy contacted Thao, asking for VND600 million to go to Da Nang to “take care of business.” At that time, Thao suspected that she had been deceived, so she reported it to the police.

Still according to Tuoi Tre, at noon on March 7, at a coffee shop in Ward 7, Tuy Hoa City, after Thao gave Duy VND600 million, and he had just stepped out of the shop, he was detained by police.

 

The Inspection Committee of the Phu Yen provincial Party Committee stated in the media that: ” Le Hai’s illegal behavior is a personal responsibility, not within the scope of performing the responsibilities and tasks assigned by the province.”

On social networks and political forums, it is said that this statement by the Inspection Committee of the Phu Yen provincial Party Committee is only an excuse, a response, and an avoidance of responsibility.

Public opinion sees that manipulation in state and judicial system is a serious disease, revealing a major flaw in the Vietnamese judiciary. The reason is due to the current situation, application of laws is arbitrary.

That is the reason why people have to use money or material to buy state and judicial officials once caught in the cycle of justice.

Radio Free Asia said that in 2013, National Assembly delegate Do Van Duong questioned then Chief Justice of the Supreme People’s Court Truong Hoa Binh with the question: “Is there any negativity in judicial manipulation criminal cases as the number of cases brought to trial is small, but the number of defendants receiving suspended sentences or light prison sentences is very high, in some places up to 45%?”

Mr. Truong Hoa Binh also acknowledged what Mr. Duong mentioned.

Public opinion believes that manipulation in criminal prosecution in Vietnam has now become an organized system, with collusion and very sophisticated tricks. The entire hearing process has a common consensus between the three prosecuting agencies, the police, the procuracy and the court.

A former leader of the judicial sector in Hanoi told Thoibao.de:

“To be honest, even political cases can be manipulated, any case can be manipulated. It’s not difficult to get the death penalty down to life imprisonment, not to mention buying someone to replace the person (sentenced to death), this is very complicated. In Vietnam, there are things that we cannot understand.”

That is also the reason that Nam Cam – a gangster in Saigon, had an immortal saying about Vietnamese justice under Communism:

“What cannot be bought with money, can be bought with a lot of money.”

 

Tra My – Thoibao.de

Kasse animation 7.8.2023