Oct 31, 2012

Vietnam - Death penalty not yet authorized by lethal injection because of lacking medication

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VietNamNet Bridge – The provisions on enforcing the death penalty by lethal injection was ratified in 2009, but until now it has not been applicable for the reason of lack of drugs.

National Assembly Vice Chairman Huynh Ngoc Son said at a group discussion at the ongoing 4th NA session, that the police have established 10 places for experiment with the new form of death penalty execution by lethal injection instead of firing. However, this is impossible because Vietnam cannot import poison.

"We have to import the drug from the EU while they ask us to abandon the death penalty," said Son.

A report of the judiciary body shows that there are nearly 450 defendants who are eligible for execution, but there is no poison. During that time, many prisoners petitioned for early execution. Some of them were sick and died. Detention camps are also difficult in managing these subjects.

The Ministry of Health and the relevant agencies are looking for drugs but they do not know when will they be able to buy it, Mr. Son said. In addition, after having the drugs, Vietnam also needs time to test, so it is not simple.

The NA Vice Chair said this difficult situation cannot last long because if the death penalty is not implemented, it is sufficient to provide a deterrent to crime.

"I suggest to amend the law, meaning that if lethal injection cannot be implemented, the former form of firing should be resumed. The Government does not agree. But we can still apply shooting without causing pressure on the shooter thanks to advanced science and technology," Son explained.

NA deputy Nguyen Thi Kim Thuy (Da Nang city) was also interested in the case of nearly 450 people who were sentenced to death since 2009, but the death penalty have not been authorized because of the lack of poison. "How can we handle these cases?" Ms. Thuy questioned.

Chairman of the NA’s Legal Committee Phan Trung Ly called this situation "irony" because a couple of years ago, when amending the law, the Government earnestly proposed to switch from firing to lethal injection, reasoning that firing is costly, lack of firing ranges, causing pressure on the execution force.

When the NA approved the amendment, the government quickly implemented the conditions to carry out execution by lethal injection. The Ministry of Public Security and the Ministry of Defense have invested in many execution rooms with modern equipment under American model. Hundreds of staff were also trained to carry out the lethal injection.

According to Mr. Phan Trung Ly, the preparation was very fast, but until the final stage they knew that they could not purchase poison because "no one sells drugs for killing people."

A decree of the Government that guides the implementation of the law specifies three types of poison used in the implementation of the death penalty. The Ministry of Public Security said the responsibility to import these drugs belongs to the Ministry of Health while the Ministry of Health said that it is the job of the Ministry of Public Security.

Ly complained that government agencies lack of accountability in the implementation of the provisions of the law. "Why do we have to import drugs? Vietnam can not produce these drugs?" Mr. Ly asked.

The Chairman of the NA’s Legal Committee proposed to resume the old form of firing as to solve criminals awaiting execution and reduce the burden on prisons.

Director of the Legislative Research Institute, Mr. Dinh Xuan Thao, suggested fixing the law in the direction of applying both firing and lethal injection.

In the long term, Vietnam needs to develop laws in the direction of minimizing the crimes with the death penalty. This penalty should be imposed on serious crimes. The others can be reduced to life imprisonment but it is the "real imprisonment" - life in prison without parole, Mr. Tho said.

L.Nhung - X.Linh


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