The Procuracy must pay 1.6 billion VND to the wronged person

On the afternoon of May 13, the High People’s Court in Da Nang City heard the appeal, rejected the appeal of the People’s Procuracy of Khanh Hoa province, forcing the agency to pay nearly 1.6 billion VND to his family. Huynh Chiem Hoanh57 years old (son of Mr. Phai, representative of the inheritance of the wronged).

According to the trial panel, the first instance court determined the actual lost income calculated from the day Mr. Phai was unjustly arrested (December 1981) to the date of the decision to suspend the investigation (September 1984) was more than VND 133 million; The mental loss as of the date of receiving the copy of the decision to suspend the accused (end of 2009) is nearly 1.3 billion VND and more than 118 million other expenses. is grounded and in accordance with the law.

Mr. Phai was not at fault in receiving the decision to suspend the accused many years later. Therefore, according to the appellate court, the Khanh Hoa Procuracy was forced by the first instance court compensate him for his mental loss up to the time of receiving a copy of the decision to suspend the accused is grounded.

For Mr. Hoanh’s claim for damages due to his father’s poor health and visitation expenses, the court held that there was no evidence to prove that Mr. Phai suffered a violation of his health, leading to incapacitation. labor. Since then, the court rejected the appeal that forced Khanh Hoa Procuratorate to pay 4.4 billion VND to Phai’s father.

Not satisfied with the level of compensation the court ordered, but Mr. Hoanh said he was too tired with the journey to complain for his father and sue, so he would accept the sentence with the spirit of “face and not contentment”. “The loss that the family suffered after my father was unjustly detained is huge and cannot be measured. But I want to close the case here,” Mr. Hoanh said.

The case file shows that 41 years ago Mr. Huynh Chiem Phai (50 years old) and Mr Tran Be (at that time 24 years old, living in the same commune) was wrongfully detained by the police of Phu Khanh province (now Khanh Hoa province) for allegedly shooting and killing the Chairman of the People’s Committee of Ninh Giang commune (now Ninh Giang ward, Ninh Hoa town).

In 1983, Mr. Phai was released on parole on the grounds that “old age and poor health made it unnecessary to be detained further”. After many years of failing to prove that these two men committed a crime, on September 25, 1984, the VKS suspended the investigation of the accused. However, in 2009, Mr. Phai’s family received a copy of the decision to suspend the investigation from the People’s Procuracy of Khanh Hoa province.

Mr. Hoanh said that before being unjustly detained, his father was a normal healthy person, but when he was released, he could not walk and his health declined. The family had to go to the prison to help Mr. Phai. At home, he became disabled, paralyzed limbs, blurred vision, deaf ears; resentful because of being wronged, so mentally unstable.

“He often screamed, cried and had nightmares, so his family had to take him to a mental hospital for treatment. In 2015, my father committed suicide but still have not received an apology and compensation for wrongdoing.” Mr. Hoanh said.

Four years later, the People’s Procuracy of Khanh Hoa province held it public apology relatives of Mr. Phai and Mr. Tran Be. More than a year later, Mr. Be was compensated more than 500 million VND.

After many negotiations, the People’s Procuracy of Khanh Hoa province only agreed to compensate Mr. Phai’s family more than 474 million VND. Mr. Hoanh then represented his family to sue the Procuratorate, asking for compensation of 4.4 billion VND including: mental damage, lost actual income, health damage and father care expenses.

In March, the People’s Court of Khanh Hoa province tried the first instance, only accepting part of the lawsuit, forcing the People’s Procuracy of the same level to compensate Mr. Hoach’s family 1.6 billion VND. The verdict was appealed by both sides.

Hai Duyen