According to Article 2, paragraph 2 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), it is stipulated that: “No exceptional circumstances, whether in a state of war, or threatened by war, or in a state of
political instability or any state of emergency, may be invoked to justify torture.” Over the years, Vietnam has issued numerous legal documents to concretize this provision of the Convention, including the following key points. Stemming from the nature of our State, and from the theory and practice of national development over the years, the Party and State have become more aware of the importance of human rights and the relationship between people and politics, between citizens and the State, and between individual freedom and national law. [caption id="attachment_605041" align="alignnone" width="768"]
Detainees and those held in custody are allowed to meet with their relatives according to the prescribed time and number of visits. (Photo:
Vietnam Communist Party Newspaper) In that relationship, it must be affirmed: Individuals make up society; state power originates from citizens and is limited by the will of the people. The freedom and dignity of each individual must be respected and protected by society and the State. The 1946 Constitution for the first time established a principle against arbitrary acts in judicial activities in Vietnam, according to which “no Vietnamese citizen may be arrested or detained unless the judiciary decides. No one may unlawfully infringe upon the homes and correspondence of Vietnamese citizens” (Article 11). Although this provision does not specifically address torture, it is of significant importance in protecting citizens from human rights violations in judicial activities, including acts of torture, inhumane treatment, and humiliation. This principle was inherited and developed by subsequent Constitutions into a fully constitutional principle regarding the inviolability of the person, honor, and dignity of citizens, applicable in all circumstances, including in legal proceedings (Articles 27 and 28 of the 1959 Constitution; Articles 69, 70, and 71 of the 1980 Constitution; Article 71 of the 1992 Constitution). Specifically, Article 71 of the 1992 Constitution (amended and supplemented in 2001) stipulates: “Citizens have the inviolable right to physical integrity and are protected by law regarding their life, health, honor, and dignity. No one shall be arrested without a decision of a people's court, or a decision or approval of a people's procuracy, except in cases of flagrant offenses. The arrest and detention of persons must comply with the law. All forms of coercion, torture, and insults to the honor and dignity of citizens are strictly prohibited.” The above provision of the 1992 Constitution continues to be inherited, supplemented, and perfected in Clause 1, Article 20 of the 2013 Constitution. Accordingly: Everyone has the inviolable right to physical integrity, and is protected by law regarding health, honor, and dignity; they shall not be subjected to torture, violence, persecution, corporal punishment, or any other form of treatment that infringes upon their physical integrity, health, or insults their honor and dignity… Compared to the provision in Article 71 of the 1992 Constitution (amended and supplemented in 2001), Clause 1, Article 20 of the 2013 Constitution has undergone a very fundamental change as follows:
Firstly, in terms of the subject, the 2013 Constitution protects all individuals, or in other words, protects the inviolable right to physical integrity for all people, while the 1992 Constitution (amended and supplemented in 2001) only recognized this right for citizens. [caption id="attachment_605047" align="alignnone" width="768"]
The "Lighting Up the Dreams of Rehabilitated Youth" program in 2023 at Suoi Hai Prison, Ba Vi (
Hanoi ). (Photo: Vietnam Youth Union)
Secondly, the content of the inviolable right, protective measures, and forms of violations of the inviolable right to physical integrity of individuals according to the 2013 Constitution has been more broadly and clearly defined. Specifically, compared to the 1992 Constitution, the 2013 Constitution adds two acts of "torture and violence" as acts strictly prohibited in the field of criminal justice to ensure human rights. According to this provision of the 2013 Constitution, specific acts such as insulting, threatening, and beating those who are arrested, detained, or serving prison sentences, causing them serious physical and mental pain and suffering, are acts that violate human rights. Other acts such as: forcing people to go without food or drink, feeding them bland food, depriving them of sleep, confining them to dark rooms, interrogating them day and night causing extreme stress, and forcing them to stand or kneel during questioning are all acts that insult honor and dignity and violate human rights. This provision of the 2013 Constitution protects all individuals under all conditions and circumstances (for example, including Vietnamese citizens, foreigners residing in Vietnam, and those who are detained). This also means that the State has the responsibility not to infringe upon this right of individuals or impose limitations on this right, even in emergency situations. The State has the responsibility to prevent and handle all acts that violate the physical integrity, health, honor, and dignity of individuals. In addition to the provisions of the Constitution, the right not to be subjected to torture, coercion, or corporal punishment, and the prohibition of torture, coercion, and corporal punishment, are also enshrined in many legal documents, including: the 2015 Criminal Procedure Code, the 2010 Law on the Execution of Criminal Sentences, the 2015 Law on the Execution of Temporary Detention and Custody, and the 2015 Law on the Organization of Criminal Investigation Agencies.
(Tra Khanh)
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