Whether or not human rights are respected depends on the ability and experience of each person conducting the proceedings. Therefore, it can be said that enhancing awareness, professional expertise, and cultural behavior for the Chief, Deputy Chief, Investigator of the Investigation Agency, Chief Prosecutor, Deputy Chief Prosecutor, Prosecutor of the People's Procuracy, Chief Justice, Deputy Chief Justice, Judge, Jury, and Court Secretary is an important solution to ensure that arrest, detention, and temporary detention activities meet the requirements of respecting and ensuring human rights in general, and the rights of arrested, detained, and temporarily detained persons in particular. In our opinion, to implement this solution, the following measures need to be taken:
- Strengthen training, fostering, and professional training, especially procedural skills for investigators, prosecutors, judges, and juries of courts. Those conducting proceedings must have a correct and complete understanding of legal provisions related to ensuring human rights;
- Strengthen political and ideological education, legal policies, especially the State's humanitarian policies towards criminals, and the viewpoint of ensuring human rights in the Socialist rule of law State for officials of prosecution agencies at all levels;
- Strengthen the inspection and supervision of criminal proceedings and the supervision of trials by higher-level courts over lower-level courts to detect serious violations of procedural law and violations of human rights of arrested, detained, and imprisoned persons in order to take procedural remedial measures.
- Along with improving the qualifications and capacity of litigants, our State also needs to take measures to strengthen the team of lawyers in terms of organization, quantity and quality, enhance the position of lawyers in criminal proceedings, and ensure the important role of lawyers in protecting the human rights of those arrested, detained and imprisoned.
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3.2.4. Strengthening the propaganda and education of law and human rights to ensure human rights in the activities of arrest, detention and temporary imprisonment according to the Law on Criminal Procedure of Vietnam.
Propaganda to help people understand the law and properly implement regulations in reporting cases. People have the responsibility to participate in the fight to prevent and combat acts that violate the Constitution and the law. Through propaganda and dissemination of the law, people understand their rights and obligations in implementing the provisions of the law, especially in implementing the rights and obligations of those subject to preventive measures of the Criminal Procedure Code. They themselves must be responsible for strictly implementing the provisions of the law.
When people understand the law, they can monitor the work of law enforcement agencies and at the same time limit situations that have occurred in reality where people, when arresting criminals red-handed, have committed acts that infringe upon the life, health, honor, and dignity of the arrested person.
3.2.5. Strengthening the work of supervision, handling complaints and denunciations, and inspection and handling of violations of human rights protection in the activities of arrest, detention and temporary detention according to the Law on Criminal Procedure of Vietnam
The People's Procuracy has the responsibility to supervise compliance with the law, exercise the right to prosecute, and ensure that the law is strictly and consistently implemented. During the stages of the criminal procedure, the People's Procuracy has the responsibility to apply legal measures to eliminate violations of the law by any individual or organization. The People's Procuracy has the responsibility to supervise to ensure that the application of preventive measures is in compliance with the law....
State agencies, the Vietnam Fatherland Front Committee, member organizations of the Front, and elected representatives have the right to supervise the activities of prosecution agencies and prosecutors; and supervise the handling of complaints and denunciations by prosecution agencies and prosecutors.
If any illegal acts of the prosecuting agency or the prosecutor are discovered, the state agency or elected representative has the right to request, and the Vietnam Fatherland Front Committee and member organizations of the Front have the right to make recommendations to the competent prosecuting agency for consideration and resolution in accordance with the provisions of this Code. The competent prosecuting agency must consider, resolve and respond to such recommendations and requests in accordance with the provisions of law.
Carry out regular and surprise inspections of the application of preventive measures in criminal proceedings by competent sectors, forces and units. This must be considered an important task in protecting the socialist legal system and protecting human rights. Through this work, competent agencies are guided to apply preventive measures to implement the law correctly and consistently, and promptly detect wrongdoings in the application of criminal proceedings law.
Paying due attention to the settlement of complaints and denunciations about violations by authorities in applying preventive measures is necessary to protect the legitimate rights and interests of agencies, organizations and citizens. Receiving and settling complaints and denunciations by citizens on this issue must be considered one of the measures to overcome shortcomings in ensuring citizens' rights; detecting violations of the law by competent authorities in applying preventive measures.
Enhancing the State's responsibility to citizens is an important solution to ensure the implementation of citizens' rights. The State is not only responsible for promulgating laws and maintaining them so that the law on citizens' rights is implemented in practice, but also for handling violations of the law through different liability regimes. Therefore, perfecting the liability regime of litigants is also a necessary solution to ensure human rights in criminal proceedings.
- First of all, it is necessary to improve the provisions on criminal liability for acts of violating human rights in judicial activities in general, and in the trial of criminal cases in particular. In our opinion, it is necessary to add to Chapter XXII of the Penal Code a provision regulating the crime of irresponsibility causing serious consequences in judicial activities. Because, in the Penal Code, there is only the crime of irresponsibility allowing a detainee to escape (Article 301); but the lack of responsibility for wrongful prosecution, wrongful trial, etc. has not been regulated; and if Article 285 of the Penal Code is applied to handle such irresponsible acts, it is not really reasonable. At the same time, it is necessary to boldly prosecute criminal liability for cases where due to lack of responsibility, wrongly prosecuting an innocent person causing serious consequences, only then can we enhance the responsibility of those conducting the proceedings in ensuring human rights. Practices in recent years have shown that due to the lack of responsibility of those conducting the proceedings, many cases of innocent people being wrongly tried have occurred, causing very serious material and spiritual consequences for citizens. Prosecuting criminal responsibility in these cases will have a great educational, deterrent and preventive effect;
- Gradually improve the law on compensation for damages in cases of injustice and mistakes in criminal proceedings. Article 26 of the 2009 Law on State Compensation Liability stipulates in relatively detail the cases in which the State is responsible for compensating for damages in criminal proceedings. Article 27 of the Law stipulates cases in which compensation is not allowed. This is a huge step forward in terms of legislation compared to Resolution 388/NQ-UBTVQH. However, from the perspective of ensuring the human rights of detainees, suspects and defendants, in our opinion, this issue needs to be further studied in the direction that the State is responsible for compensating for damages not only in cases of injustice, but also in cases of wrongful investigation, prosecution and trial causing damage to citizens. Because, in reality, there are cases in which wrongful investigation, prosecution and trial can cause greater damage, causing consequences.
The consequences are more serious than the case of being wrongfully convicted. Furthermore, Article 30 of the Criminal Procedure Code stipulates that ensuring the right to compensation for damages caused by competent agencies or persons conducting the proceedings is one of the principles of the Criminal Procedure Code;
- Perfecting the disciplinary regime for human rights violations in criminal proceedings. The acts of competent persons conducting proceedings that violate human rights that have not reached the level of criminal prosecution must be handled with appropriate disciplinary action, depending on the nature and extent; must be assessed to dismiss or not reappoint professional positions such as Head, Deputy Head of Investigation Agency, Chief, Deputy Chief of Procuracy, Chief Justice, Deputy Chief Justice of the Court, Investigator, Prosecutor, Judge, Juror. In particular, those who are not competent enough to meet the increasingly high requirements of judicial activities and have committed serious violations of human rights should not be assigned to continue to perform the heavy procedural responsibilities and powers imposed;
- Strengthen the inspection and settlement of judicial complaints, especially complaints of final appeal and retrial. Therefore, it is necessary to promptly supplement, improve the quality and perfect the organization and staffing of the above-mentioned work.
CONCLUSION OF CHAPTER 3
Theoretical issues are studied in chapter 1, analyzed and evaluated in chapter 2, especially on the basis of clarifying the limitations and shortcomings of the Law on Criminal Procedure as well as the practical application and the causes of those limitations and shortcomings, allowing us to make recommendations to improve the provisions of the Criminal Procedure Code and other solutions to improve the effectiveness of ensuring human rights in the activities of arrest, detention and temporary imprisonment.
To ensure the human rights of arrested, detained and imprisoned persons, the Criminal Procedure Code needs to be comprehensively and systematically amended and supplemented. These amendments and supplements include: perfecting the legal status of subjects of criminal procedure relations; perfecting regulations on preventive measures; perfecting regulations on complaints and denunciations in criminal procedures. Along with perfecting the regulations of the Criminal Procedure Code, it is also necessary to implement other solutions to improve the effectiveness of procedural activities in ensuring the human rights of arrested, detained and imprisoned persons. Among them, the important solutions are: Innovating the system of agencies and organizations participating in arrest, detention and imprisonment activities; improving the qualifications, capacity and awareness of litigants; perfecting the responsibility regime of agencies and litigants for violations of human rights in criminal procedures in general and of arrested, detained and imprisoned persons in particular; Strengthening the organization and staffing of the inspection team and handling judicial complaints.
CONCLUDE
Ensuring human rights in general, and the human rights of arrested, detained and imprisoned persons in particular in criminal proceedings is a broad issue and has not been studied much in the science of criminal proceedings law in our country. This is a difficult but very important issue in both theory and practice, so we decided to choose the topic: "Ensuring human rights in arrest, detention and temporary detention activities according to the Vietnamese Criminal Procedure Law (based on practical data in Dak Lak province)". With limited capacity, we have tried to research and achieved the following modest results: The thesis has contributed to revealing more theoretical issues on human rights and ensuring human rights in arrest, detention and temporary detention activities according to criminal proceedings; revealing common points and specific requirements in ensuring human rights of arrested, detained and imprisoned persons; The thesis systematically analyzed the provisions of the Criminal Procedure Code and fully and comprehensively assessed the practice of ensuring human rights in the activities of arrest, detention and temporary detention according to the Vietnamese Criminal Procedure Code, thereby finding out the limitations and shortcomings in ensuring human rights of people arrested, detained and temporarily detained according to the Criminal Procedure Code and the causes of the limitations and shortcomings; The thesis proposed a number of solutions and recommendations to improve the provisions of the Vietnamese Criminal Procedure Law and strengthen the protection of human rights in the activities of arrest, detention and temporary detention.
Through theoretical research on ensuring human rights in arrest, detention, and temporary detention, analyzing the current state of the law, studying the practical activities of arrest, detention, and temporary detention, finding out the shortcomings and their causes are important scientific and practical bases for perfecting the law and improving the effectiveness of activities to ensure human rights of people arrested, detained, and temporarily detained in criminal proceedings. On that basis, to ensure
Human rights of people arrested, detained, and imprisoned, the Criminal Procedure Code needs to be revised and supplemented comprehensively and systematically.
Those amendments and supplements include: Completing the legal status of subjects of TTHS relations; Completing regulations on preventive measures; Completing regulations on complaints and denunciations in TTHS.
Along with perfecting the provisions of the Criminal Procedure Code, it is also necessary to implement other solutions to improve the effectiveness of litigation activities in ensuring the human rights of arrested, detained and imprisoned persons. Among them, the important solutions are: Innovating the system of agencies and organizations participating in arrest, detention and temporary detention activities; improving the qualifications, capacity and awareness of those conducting litigation; perfecting the responsibility regime of agencies and individuals conducting litigation for violations of human rights in criminal procedures in general and of arrested, detained and imprisoned persons in particular; perfecting the organization and staffing of the staff working in inspection and handling of judicial complaints.