Judicial office rejects ex-soldier's claim for compensation
06-SEP-2008 Intellasia | Thanhniennews
Sep 6, 2008 - 7:00:00 AM
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A People's Procuracy institute in Can Tho City has rejected an ex-soldier's claim for damages for being imprisoned 103 days before charges were dropped due to case limitation and the loss of case papers.
"We are continuing to petition related authorities to gain appropriate compensation," the lawyer of Nguyen Van Trieu told Thanh Nien last week.
On July 24, the People's Procuracy Institute of Cai Rang District rejected Trieu's petition requesting a compensation sum of 450 million dong (US$27,000) for his "material and spiritual losses" during his imprisonment in 1996.
The institute said Trieu's case does not fall under the purview of the National Assembly Standing Committee's Resolution 388, which stipulates "damage compensation for people unjustly punished by persons competent to conduct criminal procedures."
Case synopsis
After finishing his military service in 1984, Trieu received a piece of land from his uncle in Cai Rang District.
But in 1990, a land dispute arose with his neighbour which led to the arrest of Trieu and his uncle in 1996.
Trieu and his uncle were tried for "violating land management regulations" in the same year.
But the district People's Court found criminal procedures were not carried out properly and released the two while requesting more investigation for the case.
However, the district's investigation police failed to follow up on the case for 11 years before officially "calling off" the investigation and waiving prosecution in 2007.
According to the police, the case had exceeded its limitation period and authorities had lost the case papers.
The limitation period in Vietnam for less serious cases is five years.
Trieu's lawyer said it was unreasonable to drop the case due to limitation because the judiciary had appointed the police force to carry out additional investigations that were never fulfilled.
The authorities are the ones at fault for having lost the case papers.
"If Trieu disagreed with the closing of the case, he could appeal to Cai Rang People's Procuracy Institute and other higher institutes," Vu Van Tao, head of the administration office of Can Tho Investigation Police, said last week.
Head of Cai Rang People's Procuracy Institute, Do Cong Tam, also said if it received another petition from Trieu, the institute would work with higher authorities to review the case.
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