Two more judges face disciplinary action in land acquisition case

Afternoon of Feb 14, Nguyen Viet Hung, head of the Kinh Do law firm and Doan Van Vuon’s advocate visited Vuon in Hai Phong Jail to complete necessary procedures for the trial.

Lawyer Hung said that at the moment he was unable to comment on Vuon’s actions. “The case needs to be considered carefully before any conclusion is reached,” he said, “however, Vuon is in good physical and mental health.”

Nguyen Viet Hung ( in the middle ), head of the Kinh Do law firm and Doan Van Vuon’s advocate prepare to visit Vuon in Hai Phong Jail (Photo: SGGP)

Vuon told Hung that he had learnt of the Prime Minister’s decision and was delighted. Through lawyer Hung, he sent his regards to relatives who he hadn’t met since the day he was arrested.

Meanwhile, the Hai Phong City People's Court are considering disciplinary action against two city judges and a deputy chief judge in the city’s Tien Lang District for their wrongdoings by unlawfully trying to reclaim land from a local farmer in Vinh Quang Commune.

Chief Judge of the city court, Nguyen Thi Mai, said yesterday she has requested two judges, Ngo Van Anh and Le Thanh Ngoc, to submit their report on their involvement in the issuance of the decision to suspend the appeals hearing of the case, in which Vuon appealed for justice in the Tien Lang People’s Court.

The city court will consult the Supreme People’s Court about the type of disciplinary action to be given to Anh and Ngoc.

As reported earlier, in January 2010, the district People’s Court unlawfully rejected complaints by Vuon against the land withdrawal decision made by the local authorities.

Vuon appealed for justice and during the appeals trial in April 2010, Ngo Van Anh, judge at the City People’s Court, ordered a written agreement between the parties concerned. Under the agreement, if Vuon revoked his complaint, the district authorities would continue to let him use the land.

After the complaint was withdrawn, and the City Court issued a decision to suspend the appeal hearing, the district authorities suddenly issued the forced removal, leading to Vuon’s violent response that caused injury to six police officers on January 5, 2012.

On February 13, the Supreme People’s Court issued a decision to protest the verdict arrived at by Hai Phong City’s Tien Lang District Court, and the city People’s Court decision to suspend Vuon’s appeal hearing against the district authorities’ withdrawal of 40 hectares of land allocated to him in 1993 and 1997.

The chief judge of the Supreme Court concluded that both the administrative verdict and the suspension decision be canceled and demanded that the case be re-investigated.

What sentence for Doan Van Vuon?

As soon as the Prime Minister requested a re-consideration of the sentence against Doan Van Vuon, many lawyers have raised their opinions.

Tran Dinh Trien, head of Vi Dan firm, said that Vuon’s land acquisition and repossession was carried out illegally by Tien Lang district authorities. For this case, article 96 “murder beyond the limit of legitimate defense” of the Criminal Law should be applied.

Vi Van Dien, a member of the Hanoi Lawyers’ Bar, confirmed that Vuon and other family members had committed murder and fought law enforcement officials because of wrong doings on the part of local authorities.

Dien also favoured reducing the sentence on Vuon. He cited article 95 “murdering under provocation.” All mistakes of the People’s Committee of Tien Lang District led to Vuon and his family members’ being provoked. Vuon should be charged under item 2 article 96 “commit murder of more than one person in excess of the limit of legitimate defense shall be sentenced to between two and five years imprisonment.” In any case, there were some reasonable circumstances for murder, and according to articles 46 and 60, the person shall be sentenced to two to three years or receive a suspended sentence

Source SGGP - Translated by Dan

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