Vietnam: in a recent wrongful conviction case, where a man spent 18 years in prison for a murder he did not commit (along with many of his relatives), a large compensation package has been agreed. Interestingly however, this compensation is to be paid after a ‘compensator’ agrees who was responsible for the miscarriage of justice, and how much each they must then contribute to the compensation sum. So potentially, the police and prosecutors involved in the case will have to pay – from their own pockets – towards the compensation. Some details are to be found here…
Staff liable for compensation payouts in miscarriage of justice it states that: The Ministry of Finance has just proposed that the People’s Supreme Court ask those involved in the miscarriage of justice that saw Huynh Van Nen convicted to pay out compensation for their wrongdoings.
The police, courts and prosecutors have all apologised for their role, but it seems that this will be insufficient – they will also now have to pay compensation. One wonders if such a measure may act as a powerful deterrent for those in a position to prevent/ overturn wrongful convictions in the future. Alternatively of course, it could ensure that those that have been involved in wrongful convictions have an even more powerful motivation to ensure it is never uncovered. For many victims of wrongful conviction, one of their greatest complaints is that those who were involved in the injustice are never held to account. There are few apologies, and certainly fewer disciplinary measures taken – nevermind prosecutions. Vietnam is perhaps taking a radical approach to punishing those involved. How the ‘compensator’ apportions blame , or even tries to determine how to apportion blame, would be most interesting to know.
I have evidence that the Assistant State Attorney in my husband’s case withheld critical evidence, suborned perjury, altered transcripts, and then switched the 2 notes in evidence and presented them at trial in backwards order. Martin was sent to prison for over 4 years for a crime that never happened, but no one will prosecute the prosecutor for the crimes she committed to put and keep him there…now THAT’S criminal!