Dr. Hoang Thi Quynh Chi, Procurator of the Supreme People's Procuracy, Director of the Legal Department and Scientific Management

Ms. Grete Løchen, Ambassador of the Norwegian Embassy in Hanoi

Dear colleagues, distinguished guests,

On behalf of UNDP Viet Nam, it is my great pleasure and honour to participate in today’s workshop.  UNDP is grateful for the opportunity to support the Supreme Peoples’ Procuracy in its work to contribute to the implementation of Viet Nam’s commitments under the Convention against Torture.

The 2030 Agenda for Sustainable Development and the 17 Sustainable Development Goals (SDGs) adopted by all United Nations Member States in 2015, provides a shared blueprint for peace, justice and prosperity for all people in all countries. Under SDG 16, States commit themselves to provide access to justice for all and build effective, accountable and inclusive institutions. Importantly, this includes the obligation to ensure that fundamental human rights are protected and upheld for everyone without exception or discrimination.

SDG 16 with its meaningful ambitions has continued to shape UNDP’s support to Viet Nam for the next four years from 2022 to 2026, as specified in Outcome 3 on rule of law and human rights of the UNDP Country Programme Document that has agreed upon by the Government of Viet Nam. Our assistance to the Supreme Peoples’ Procuracy on its obligations under the Convention aims at delivering on this commitment.

The reporting procedures under the international human rights mechanisms, including the Committee against Torture, presents the Government of Viet Nam with valuable opportunities to engage broadly with all relevant stakeholders on issues that touch on many key aspects of sustainable development.  It is also an important occasion for the Government to take stock of relevant laws and policies, learn from past experiences and develop new good practices to promote and protect human rights in Viet Nam.

Since its ratification in 2015, Viet Nam has continued its efforts to turn its commitments under the Convention into concrete and meaningful action for the prevention of torture and other cruel, inhuman or degrading treatment or punishment. This has included initiatives to revise its legislation in areas relevant to the Convention, such as the 2015 amendment to the Law on Enforcement of Custody and Temporary Detention that provides for family visits and legal assistance during police investigations. Revisions of the Criminal Code and Criminal Procedures Code have further strengthened the right to access counsel at all stages of criminal proceedings and also introduced video and audio recordings as additional safeguards during interrogations. UNDP Viet Nam welcomes all these important results.

The report presented today demonstrates the crucial role of the Supreme People’s Procuracy in meeting Viet Nam’s commitments under the Convention against Torture, to which my UNDP colleague, Diana Torres will present our suggestions and comments in greater detail. I would like to take this opportunity to welcome three important aspects that the report has successfully delivered:

First, the report emphasizes the need to understand the prohibition of torture and other cruel, inhuman or degrading treatment or punishment in a broader sense. Violence and ill-treatment of children and other vulnerable groups, who are in the care of or under the authority of public officials are classified as inhuman or degrading treatment and are prohibited under the Convention.

Second, it also recognizes the importance of interdepartmental cooperation and coordination within the Government in the implementation and follow-up of human rights obligations and gives evidence of such work carried out in the Inter-sectoral Working Group on the Implementation of the Convention against Torture. 

And third, the report shows integrity in acknowledging that challenges remain, including in the investigation and prosecution of alleged acts of torture and ill-treatment attributed to public officials. The report also shows concern for persons held in temporary or preventive detention, who are often at particular risk of torture or other ill-treatment.

Against these initial observations and in the context of today’s workshop, I would like to emphasise three key considerations for the Supreme People’s Procuracy in its work to bring meaning to the Convention against Torture.

First, Prosecutors have a crucially important role in preventing the use of torture. They have the authority and indeed the duty to ensure that evidence gathered through illegal means, including torture and other human rights violations, are not permitted in legal proceedings. The State is responsible for the treatment of individuals in its custody and once an individual has made a credible complaint about torture or other ill-treatment, prosecutors and judges have a shared responsibility to refer the allegation for immediate investigation. The State must also ensure that any evidence that was obtained through the alleged act of torture is rejected as invalid.

Second, the basic guarantees under the Convention must be applied to all persons deprived of their liberty in order to protect them from torture and ill-treatment. As already noted, administrative, preventive and temporary detention put detainees at particular risk of torture and ill-treatment.  Persons under these forms of detention have the right to the same degree of protection as other detainees.

Third, under the Convention victims of torture have the right to an effective remedy, as well as fair and adequate compensation. The Convention requires States to guarantee that victims of torture have an effective right to complain to a competent body without fear of reprisals. States are obliged to investigate each case promptly and impartially. Under the EU Justice and Legal Empowerment Programme, UNDP is working closely with Ministry of Justice to improve the practice of handling State compensation and raise public awareness on this issue.

In conclusion, allow me to reiterate the UNDP’s commitment, as a longstanding partner of the Government of Viet Nam, to support the efforts of the Government in implementing its commitments under the Convention Against Torture and building effective, accountable and inclusive institutions to realize the rights of everyone in Viet Nam.

Xin cảm ơn!