As regulated in universal conventions, prisoners, whether in private of public institutions, are entitled to many groups of rights such as the rights to safety and dignity; the right to[r]
Trang 1LEGAL PROTECTION OF HUMAN RIGHTS OF PRISONERS
IN VIETNAM
Tram Nguyen Thi Thanh 1
Law Faculty, Vinh University
Ly Mai Nguyen
Law Faculty, Vinh University
Abstract
Human rights are a growing concern in Vietnam, especially after the adoption of the Constitution of
2013 This Constitution is a basis for promulgating and completing the legal provisions on human
rights in the enforcement of criminal rulings Due to confinement, prisoners’ human rights are
controlled and limited in certain degrees As a result, prisoners’ human rights are easily violated
The consequences of those violations are serious when it comes to fundamental rights such as the
right to live, the right to be ensured a proper living standard, as well as political rights In order to
protect prisoners’ human rights, many Governments have proposed and enacted many provisions
based on international standards and their domestic backgrounds Ensuring human rights includes
various methods and measures One of the most important measures is institutionalization by legal
regulations on the basis of international legal criteria Through studying the laws of some countries
and international standards, this paper argues that Vietnamese laws have been compatible with
international legal norms, especially the special human rights of prisoners However, there remains
several shortcomings and limitations in the laws After observing the measures to ensure human
rights from other countries, this paper also draws some lessons, from which some solutions are
suggested to better protect human rights of prisoners in Vietnam.
Key words: Legal protection, prisoner, Vietnam.
I Introduction
Enforcement of imprisonment is a powerful activity of the State to execute criminal rulings The purpose of this activity is to correct, educate inmates, then preparing them for re-integration back into society Undeniably, because imprisonment is applied to punish prisoners, inmates have to endure poor living conditions such as living in limited spaces, shortage of entertainment and so on Moreover, measures and rules in jails might affect lawful inmates’ rights in general and human rights
in particular For example, prisoners in an overcrowded place might face the risk of physical diseases
1 This paper is a part of the doctoral thesis titled Ensuring human rights in the enforcement of imprisionment sentences
in Viet Nam/Bao dam quyen con nguoi trong thi hanh hinh phat tu o Viet Nam that PhD Candidate Nguyen Thi Thanh
Tram is working on at the Graduate Academy of Social Sciences of Vietnam.
Trang 2or the lack of sanitary conditions Once prisoners’ dignity and other human rights are undermined, the purpose of imprisonment would be unsuccessful At the end of the sentence, the outer community will receive individuals full of revenge and dissatisfaction with the remaining part of society, instead
of educated and skilled people Hence, it is necessary to acknowledge the fundamental human rights
of prisoners and protect those people from being violated In this paper, the authors only research the rights of imprisoned people who are serving criminal sentences, not untried prisoners
Human rights are natural rights, coming into existence when a person is born and inherently impossible to be deprived or restricted by anyone As mentioned above, due to incarceration, inmates cannot have ‘full’ human rights compared to free people such as enjoying public entertainment activities Further, even when inmates can conduct their human rights, some of the rights are still restricted by the penitentiary rules However, since the prisoners are only deprived of freedom, their fundamental human rights need to be respected and ensured One of many solutions to protect prisoners’ human rights is the legalization of those rights Then, the officers at penitentiaries have to implement the minimum rules specified in law to ensure the human rights of prisoners If not, those officers have to bear the liabilities for violations
Based on that demand, international human rights organizations have introduced many guidelines for national authorities for the treatment of prisoners Many countries have also discussed and became member states of conventions on protecting the human rights of prisoners Those regulations, both identify standard minimum rules for the treatment of prisoners and determine the responsibilities of authorities relating to the execution of imprisonment
Regarding human rights, Vietnam has been actively engaged in the protection of human rights
in general, and the human rights of prisoners in particular Vietnam has become a member state
of multiple conventions on human rights as well as transferring international provisions into the domestic legal system Vietnam also enacted various regulations to detail rights suitable with features
of the country Those regulations are to ensure applicability in reality By researching international regulations and some countries’ laws, this paper will illuminate two arguments First, Vietnamese laws has protected the human rights of prisoners However, the implementation of these laws still bears several shortcomings Therefore, the second argument is that some provisions of Vietnamese laws on the human rights of inmates need to be altered and improved
To clarify those above arguments the paper is structured as follows: Part II summarizes standard minimum rules in international conventions in which Vietnam is a State member Part III explains how appropriate Vietnamese laws on human rights of inmates has been to those international norms
in Part II Part III also mentions some countries’ laws as references to examine Vietnamese laws Based on those findings, part IV suggests some solutions to improve Vietnamese laws before reaching conclusions in Part V
II Human rights of prisoners in international laws
1 Human rights of prisoners in international human rights treaties
There are numerous international treaties on the fundamental human rights of prisoners However, this paper will only discuss treaties of which Vietnam is a member state (hereinafter referred as “international laws”) This is because only the member states must conform to obligations
Trang 3and compromises stated at a convention In other words, this paper will comment on whether Vietnam fulfils its commitments to the field of human rights of inmates.
The primary document is the Standard Minimum Rules for the Treatment of Prisoners This document was adopted by the United Nations in 1995 (hereinafter referred as ‘SMR’) in the first meeting of the United Nations on preventing crimes and treatment of convicts The SMR is the first legal document to recognize that political, social and economic factors considerably affect the treatment of prisoners in reality1 From that understanding, SMR proposes minimum rules as standards that could be applied by countries regardless of their features There are two parts in SMR2 The first part sets the basic principles for all types of lawbreakers at all kinds of institutions Part two directly regulates prisoners under sentence The members of SMR need to obey principles at both parts in the management of inmates
The next document is the International Covenant on Civil and Political Rights (hereinafter referred to as ‘ICCPR’) This Covenant was enacted in 1966 and is available for all countries to ratify and become members ICCPR requires all member states to protect human rights, including the human rights of imprisoned individuals Under the ICCPR, the majority of human rights of prisoners
at prisons are civil and political rights which directly relate to the dignity and lives of prisoners ICCPR confirms that member states are mainly responsible for ensuring that those rights are respected and conformed
Besides, there are several documents containing rules for the treatment of prisoners Those are the Universal Declaration of Human Rights 1948 (hereinafter referred as ‘UNDP’), Basic Principles for the Treatment of Prisoners 1990, Convention against Torture 1984, Bangkok Rules 2010 Along with SMR, those documents have built a legal system on the fundamental human rights of prisoners Based
on that, not only could incarcerate people be effectively protected from inhumane and degrading treatments, but they could also defend themselves against violating behaviours from authorities
As regulated in universal conventions, prisoners, whether in private of public institutions, are entitled to many groups of rights such as the rights to safety and dignity; the right to live in, proper living conditions; the right to complain, request and access legal assistance; and other civil and political rights The next part will summarize four main groups of rights in the above international documents as a benchmark to assess Vietnamese laws
2 Standard minimum rules for the treatment of prisoners in international human rights law
Firstly, the rights to physical security, honour and dignity
This group of rights is so essential that they significantly affect prisoners’ lives in the execution
of criminal rulings Since prisoners are human beings, they deserve to be treated with respect despite the economic development level of the country and categories of crime3
1 Standard Minimum Rules for the Treatment of Prisoners, s 2.
2 Standard Minimum Rules for the Treatment of Prisoners, s 4.
3 Nguyen Dang Dung, Pham Hong Thai, Trinh Quoc Toan, Vu Cong Giao, La Khanh Tung, Human rights (Collection
of comments, recommendations of Convention Committee of United Nations), (Law Department, National University
in Hanoi, People’s Public Security Publishing House, 2010), 291.
Trang 4The UNDP mentions that ‘everyone has the right to life, liberty and security of person’ In line with that section, UNDP also affirms that ‘no one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment’2 The body and health of prisoners are protected
by provisions against torture One of the many conventions is the Convention against Torture 1984,
in which member states must criminalize torture and other behaviours or punishments aiming at causing physical pains for humans in general, for prisoners in particular Further, SMR has specific provisions to ensure prisoners’ dignity For example, clothing of inmates must be uniform to prevent humiliation or discrimination3 The penitentiaries are banned from using confinement instruments such as handcuffs, chains, iron, and straitjackets to punish prisoners4 Along with that, the Basic Principles for the Treatment of Prisoners 1990 forbids discrimination on the grounds of prisoners’ legal situation, gender, national or social origin, or other status5
To summarize, except for freedom and some restrictions associated with confinement, member states must ensure that inmates are safe and treated with respect as human beings
Secondly, the rights to live in a proper condition
As a requirement of custody, prisoners must stay in prisons designed for incarceration That means limited space for accommodation, limitations on relaxation and recreation, standard meals, and so on Among many aspects of a proper life, this paper will focus on the following groups of rights: (1) categorization of inmates; (2) food, accommodation, and clothing; (3) medical care
Categorization
Based on different factors such as genders, crimes and age, prisoners need to be categorized6 Female convicts must be separated from male convicts Juvenile offenders should be confined far from adults7.Categorization ensures suitable living conditions for all kinds of prisoners, avoiding risks and unexpected consequences For example, an adolescent might be bullied by grownup inmates
Food, accommodation, and clothing
Food
Clearly, prisoners need to have enough nutrition to live, especially when working and studying under the penitentiary’s rules Regarding food, SMR suggests that ‘(1) Every prisoner shall be provided
by the administration at the usual hours with food of nutritional value adequate for health and strength,
of wholesome quality and well prepared and served (2) Drinking water shall be available to every prisoner whenever he needs it’8 SMR suggests the requirement of food in general since cuisines in different countries are various
1 Universal Declaration of Human Rights 1948, s 3.
2 Universal Declaration of Human Rights 1948, s 5.
3 Standard Minimum Rules for the Treatment of Prisoners, s 17.
4 Standard Minimum Rules for the Treatment of Prisoners, s 33.
5 Basic Principles for the Treatment of Prisoners 1990, s 1, s 9.
6 Standard Minimum Rules for the Treatment of Prisoners, s 8.
7 International Covenant on Civil and Political Rights, s 10.
8 Standard Minimum Rules for the Treatment of Prisoners, s 20.
Trang 5Accommodation
SMR requires that in public or private prisons, prisoners must have separated living quarters, except in special cases such as overcrowding1 Moreover, all accommodation provided shall meet requirements of health, air, lighting, heating, and ventilation’ depend on climatic conditions2 The prisons must install adequate sanitation systems for all occupants’ needs3 Sanitary installations in a clean and decent manner would prevent risks of diseases and other physical issues
Regarding the population of prisoners in prisons, SMR instructs that ‘it is not desirable to have two prisoners in a cell or room’4 Put another way, the number of prisoners in the penitentiary should
be equal to the number of cells, each used for only one convict This is because overcrowding in prisons likely causes problems such as security issues, bullying or hygiene issues
Clothing
Prisoners must have clothes, blanket, and personal items suitable for weather conditions and enough to keep him in good health5 Not only that, the prisons must have facilities to keep clothes clean, dry and hygienic6
Medical care regime
With the characteristics of a common living place for many people, prisons have many potential risks of causing and spreading diseases among prisoners, staff, their relatives and the whole society7 Therefore, the penitentiary shall be deliberated in prevention and treatment of diseases such as conducting regular health care check for prisoners8 Accordingly, international laws require that each prison must have at least one qualified medical officer who should have knowledge of psychiatry9
In special cases, specialized officers are available, such as dental officers or nurses for pregnant prisoners10 Facilities, equipment, and medicine in the prisons must meet the medical care and treatment requirements of sick prisoners Serious patients must be transferred to civilian hospitals11
Thirdly, the right to complain and access legal assistance
The right to complain
Exercising the right to complain and request are important tools to enable inmates to protect their
legitimate rights and interests A simple and efficient complaint mechanism would prevent violations, keep prisoners safe and mitigate risks of staff reprisals12 The SMR suggests four criteria as follow:
1 Standard Minimum Rules for the Treatment of Prisoners, s 9 (1).
2 Standard Minimum Rules for the Treatment of Prisoners, s 9 (3).
3 Standard Minimum Rules for the Treatment of Prisoners, s 13.
4 Standard Minimum Rules for the Treatment of Prisoners , s 9.
5 Standard Minimum Rules for the Treatment of Prisoners, s 17 (1).
6 Standard Minimum Rules for the Treatment of Prisoners, s 17 (2).
7 Adam Stapleton, Dirk van Zyl Smit, Dilafruz Nazarova, A Compendium of Comparative Prison Legislation (1st ed, Penal Reform International, 2008) 28.
8 Standard Minimum Rules for the Treatment of Prisoners, s 21.
9 Standard Minimum Rules for the Treatment of Prisoners, s 22 (1).
10 Standard Minimum Rules for the Treatment of Prisoners, s 22 (3), s 23.
11 Standard Minimum Rules for the Treatment of Prisoners, s 22 (2).
12 Adam Stapleton, Dirk van Zyl Smit, Dilafruz Nazarova, A Compendium of Comparative Prison Legislation (1st ed, Penal Reform International, 2008) 47.
Trang 6‘(1) Every prisoner shall have the opportunity each weekday to make requests or complaints to the director of the institution or the officer authorized to represent him
(2) It shall be possible to make requests or complaints to the inspector of prisons during his inspection The prisoner shall have the opportunity to talk to the inspector or to any other inspecting officer without the director or other members of the staff being present
(3) Every prisoner shall be allowed to make a request or complaint, without censorship as to substance, but in proper form, of the central prison administration, the judicial authority or other proper authorities through approved channels
(4) Unless it is evidently frivolous or groundless, every request or complaint shall be promptly dealt with and replied to without undue delay’1
The right to access legal aid
When being captive, prisoners still have right to access legal assistance SMR even requires that the captive person has private space to consult with his legal assistant2 Since the prisoners might face some legal issues related to their families or their assets outside the prison, they need to consult a legal adviser However, because of the incarceration, this right would be restricted in some way
Fourthly, some other civil and political rights
Prisoners are still guaranteed several other political and civil rights such as the right to work, study, entertainment, belief and access to information outside of prisons However, the civil and political rights of prisoners are restricted compared to freemen In other words, other civil and political rights of a person serving imprisonment penalties are exercised only within a certain time and space
To explain and clarify this point of view, the article analyses the right to work, the right to access to information, and the right to religious beliefs
The right to work
Prisoners are assigned jobs suitable to their health and the conditions of the detention facilities Labour activities are not of an afflictive nature but are to educate and improve inmates’ skills3 They shall work under labour laws on working hours, recreation time, labour protection and so on 4 In addition, the prisoners’ labour outputs are used to enhance the quality of their daily meals, as rewards
to encourage inmates to perform well in the education program and to constitute a savings fund on their release5
The right to access information
This right includes the right to visit, see family, relatives and the right to information The implementation of this right not only helps prisoners maintain their relationships, but also encourages them to voluntarily obey the orders of the institutions in order to be released However, all the visits and exchanges of information between inmates and their family and other people outside are controlled
1 Standard Minimum Rules for the Treatment of Prisoners, s 36.
2 Standard Minimum Rules for the Treatment of Prisoners, s 93.
3 Standard Minimum Rules for the Treatment of Prisoners, s 71 (1), (3).
4 Standard Minimum Rules for the Treatment of Prisoners, s 74.
5 Standard Minimum Rules for the Treatment of Prisoners, s 76.
Trang 7by the staff for security reasons Besides, all inmates are able to update information through reading newspapers, reading publications and books from the library, listening to the radio,
Freedom of belief and religion
Article 8 of the UDHR stipulates that everyone has the right to freedom of thought, conscience, and religion This right includes the freedom to change one’s religion or belief Individuals are also free
to express their religion or belief by practicing, worshiping rituals either individually or collectively,
in a community or in private
Article 18 (2) of ICCPR goes on to state: ‘no one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice’ This right is limited only by law when necessary to maintain security, public order, health, and social morality or to protect the basic rights and freedoms of others Therefore, it can be seen that the inmate has the right and is guaranteed the necessary conditions to enjoy that right However, there will be certain restrictions from the conditions of detention that make this right a non-absolute right
SMR also details in section 41 that a qualified representative of a religion shall be appointed
or approved if there are sufficient numbers of prisoners of that religion in the prison To the extent permitted, inmates are allowed to participate in the ceremonies, to own scriptures and to express their religion2
In summary, international laws clearly and specifically define the basic human rights that need to
be guaranteed Based on the minimum standards recognized in international documents, the following content will assess the provisions of Vietnamese law in ensuring human rights in the execution of prison sentences
III Human rights of prisoners in Vietnamese law
Vietnam always strives to actively participate in international documents to recognize and protect human rights in general and the rights of prisoners in particular Specifically, Vietnam has actively become a member of international conventions, and at the same time codified the contents of those conventions into the domestic legal system Vietnam’s law on enforcement of criminal judgments affirms the application of imprisonment penalties The isolation of offenders from society is meant
to educate and help prisoners re-integrate into the community rather than punishing or tormenting them The specific content of the next part will clarify the Vietnam’s system of legal documents that have been supplemented to be compatible with international criteria for ensuring the human rights of prisoners
In this section, the authors evaluate Vietnam’s laws based on standards in international instruments Besides, the article also reviews Vietnam’s laws along with the laws of some countries from different continents: South Africa from Africa, Czech Republic and Germany from Europe, the United States of America and Canada from America, Thailand from Asia The reference to foreign laws is not intended to compare and assess Vietnamese laws It is because, as explained above, the laws on human rights of prisoners depend considerably on nations’ specific socioeconomic conditions
1 Standard Minimum Rules for the Treatment of Prisoners, s 37.
2 Standard Minimum Rules for the Treatment of Prisoners, s 41 (2), (3).
Trang 8Instead of criticism, the study of foreign laws brings a more comprehensive and objective view in the research of Vietnamese law Also, the foreign laws could be valuable sources for Vietnamese legislators in the process of drafting and enacting laws
In a general sense, human rights of prisoners in Vietnam have been legally guaranteed Vietnam’s Constitution of 2013, the highest law of Vietnam, affirms that: ‘In the Socialist Republic of Vietnam, human rights in political, civil, economic, cultural and social fields are recognized, respected, protected and guaranteed under the Constitution and the laws’1 From that constitutional basis, human rights of prisoners are detailed in the provisions of other legislation including decrees, ordinances, and decisions For example, Law on Execution of Criminal Judgments of Vietnam 2019 has new and progressive provisions on supplementing the rights and obligations of prisoners Accordingly, the laws allow an offender to have the following specific rights:
‘a Protection of life, health, property, respect for honour and dignity; to be informed about its rights and obligations, as well as internal rules of prisons;
b Guaranteed diet, accommodation, clothes, recreation, medical care as prescribed; to be able to send and receive letters, gifts and money; read books, listen to radio and television.’2
By listing rights, this provision is vibrant, transparent and clearly shows the scope of application Nevertheless, the method of listing provisions in current laws might cause undesirable problems One evident problem is that the human rights of prisoners are only conducted if they are mentioned in the laws That means, if a particular right is not in the law, inmates could not enjoy that right despite the actual need
Looking at specific groups of rights, Vietnamese laws are reasonably adequate for individuals and organizations to apply in practice The following section reviews the compatibility and limitations
of Vietnamese law in each group
Firstly, the right to physical security, honour, and dignity of prisoners at detention facilities
Prisoners in Vietnam have been protected from violations of their bodies, honour, and dignity by laws such as the Constitution of 20133 and the Criminal Procedure Code of 20154 Those legislations have been in line with international laws Not only do the laws recognize the rights, but they also regulate liabilities for those breaking these laws For example, the Criminal Procedure Code of Vietnam 2015 stipulates that procedural agencies and relevant agencies are responsible for the actions and decisions that impair the physical security, honour or dignity of inmates Depending on the nature and severity of these agencies’ violations, they might bear administrative or criminal liability The determination of specific sanctions reflects the responsible attitude of the Vietnamese government in ensuring the human rights of prisoners
Similarly, the United States of America (referred as the U.S.) also applies strict rules to guarantee physical security and dignity of inmates Eighth Amendment of Constitution of the U.S protects prisoners from the requirement of excessive bail, being imposed excessive fines and the infliction of
Trang 9cruel and unusual punishments For instance, the correctional officials have to ensure that the facility
conditions in prisons are not cruel and unusual, as ‘confinement in a prison or in an isolation cell is a
form of punishment subject to scrutiny under Eighth Amendment standards’2 Therefore, when officials
at Alabama Department of Corrections failed to protect inmates from prisoner-on-prisoner violence, prisoner-on-prisoner sexual abuse and failed to provide safe conditions3, Department of Justice of the U.S conducted an investigation to discover whether Alabama’s prisons violate the Eighth Amendment
on rights of inmates4 Along with Constitutional laws and statutory laws, the Standards on the Treatment
of Prisoners of the American Bar Association (the Standards) 5 is “a source of insight and authority for judges, legislators, and government officials who are aiming to rationalize and improve the criminal justice system”6 and contributes considerably to the legal protection of prisoners’ rights in America7.The Standard confirms that as ‘the loss of liberty and separation from society is sole punishments of convicted prisoners’, correctional authorities should respect the human rights of prisoners8
In principle, Vietnamese laws are consistent with the Convention against Torture on the rights to physical security Nonetheless, when it comes to the definition of ‘torture’ under the Convention, no laws of Vietnam provide the same definition, even in the Law on Execution of Criminal Judgments
of 2019, a recently promulgated legislation9 In other words, torture will be punished only when it
is serious enough to be punishable for the crime of enacting corporal punishment or the crime of intentionally causing injury Therefore, prisoners’ human rights might be harmed in some cases
Secondly, the right to have an adequate living standard
Current Vietnamese laws have regulated the rights of inmates to live properly in the penitentiary These legislations include the Law on Criminal Enforcement 2019 and Decree No 117/2011/ND-
CP of the Government on the management and organization of prisoners and the food, clothing, accommodation, health care of prisoners Decree No 117/2011/ND-CP was amended by Decree No 90/2015/ND-CP (hereinafter referred as Decree No.117/2011/ND-CP)
Categorization of prisoners
Based on the types of offences and sentences, a prison consists of two detention areas: (1) Detention area for people who are sentenced to imprisonment for over 15 years, life imprisonment
1 Price v Johnston [1948] 334 U.S 266 [1948], [285].
2 Hutto v Finney [1978] 437 U.S.678 (1978), [685].
3 U.S Department of Justice; Investigation of Alabama’s State Prisons for Men, April 2, 2019, p1 <https://www.justice gov/crt/case-document/file/1149971> accessed 5 August 2019.
4 U.S Department of Justice; Investigation of Alabama’s State Prisons for Men, April 2, 2019, p1 <https://www.justice gov/crt/case-document/file/1149971> accessed 5 August 2019.
5 American Bar Association, ‘Standards on Treatment of Prisoners’, December 05, 2018 <https://www.americanbar org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners> accessed 2 August 2019.
6 Schlanger, Margo, Regulating Segregation: The Contribution of the ABA Criminal Justice Standards on the Treatment
of Prisoners, Am Crim L Rev 47, no 4 (2010): 1421-40, 1422.
7 Schlanger, Margo, Regulating Segregation: The Contribution of the ABA Criminal Justice Standards on the Treatment
of Prisoners.” Am Crim L Rev 47, no 4 (2010): 1421-40, 1426-1427.
8 Criminal Justice Section, CJS Publications, ‘The Standards on Treatment of Prisoners’, Standard 23-1.1 (d) <https:// www.americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_ treatmentprisoners/#23-1.1> accessed 6 August 2019.
9 Section 9 of Law on Execution of Criminal Judgments 2019 of Vietnam does not list ‘Torture’ as a forbid activity
Trang 10and people with dangerous re-offending; (2) Detention areas for people sentenced to up to 15 years
or less of imprisonment or trustees who had their sentences reduced to less than 15 years The prison also has separate detention facilities for female, juvenile, foreigner, people with group A of infectious diseases, prisoners with mental health problems, inmates who often violate prison rules, inmates with children under 36 months of age and so on1
Those provisions for the classification of inmates are fully compatible with international laws For example, the categorization of wrongdoers based on gender or age are in accordance with SMR Additionally, compared to the laws of Germany2, Vietnamese lawmakers are up to date with the recent social changes when the current law has been added two criteria to categorize prisoners compared
to the law in 20103 The first group is the prisoners who are gay, lesbian, transgender, bisexuals, and of unidentified gender The second group is female prisoners with children under 36-month-old The supplementation of these criteria to classify prisoners is the Government’s acknowledgement of social changes: the existence of third genders as well as the increase of female prisoners with babies
Food and diet
In terms of diet, prisoners in Vietnam are guaranteed monthly quantitative standards of food Prisoners are served standard meals and boiled water4 Detainees also are able to enjoy food from their family or spend money earned from work on improving their meals5 To guarantee hygiene, Section 48 (3) of the Law on Execution of Criminal Judgments of Vietnam 2019 requires that the preparation and cooking of food for prisoners that are done by prisoners need to be supervised by the staff in detention institutions
The laws specify the quantity of food and seasoning for prisoners in great detail For instance, one prisoner is granted 17kg of rice; 0.75 litres of fish sauce; fuel equivalent to 17kg of firewood
or 15kg of coal6 Particularly, for holidays and traditional New Year’s Eve, prisoners are granted 5 times the standard meals7 For inmates who work in heavy or hazardous work conditions, the quantity
of food may be increased, but not exceeding 02 times of the standard meals8 For prisoners such as pregnant women and those with children under 36 months and adolescents, the current law increases
up to 20-30% of protein from meat and fish compared to standard meals9 The above provisions are really appropriate since those prisoners need to have more nutrition than ordinary people to stay strong and healthy
In comparison with the standards in SMR, Vietnamese laws did detail the amount of food for prisoners Not only that, the laws also adjusted the nutritional standard for prisoners based on the growth of national income For example, if an average prisoner received 15 kg of rice, 0.8 kg of meat
1 Law on Execution of Criminal Judgments 2019 of Vietnam , s 30.
2 For instance, section 40 of Act Concerning the Execution of Prison Sentences and measures of Rehabilitation and Prevention Involving Deprivation of Liberty (referred as Prison Act) of Germany 1976 (as amended in 2013) does not instruct the classification of inmates having gender different with male and female
3 Law on Execution of Criminal Judgments 2010 of Vietnam, s 27 (2).
4 Law on Execution of Criminal Judgments 2019 of Vietnam , s 48 (3).
5 Decree No 117/2011/ND-CP of the Government of Vietnam, s 8 (2).
6 Decree No 117/2011/ND-CP of the Government of Vietnam, s 8 (1).
7 Decree No 117/2011/ND-CP of the Government of Vietnam 2011, s 8 (1).
8 Law on Execution of Criminal Judgments 2019 of Vietnam , s 48 (1).
9 Decree No 117/2011/ND-CP of the Government of Vietnam, s 8 (6).
Trang 11and fish in 1993, a prisoner nowadays is granted 17kg of rice; 1,5kg of fish and meat Based on reality, the authors believe that the amount of food is relatively consistent with the living standards of the Vietnamese people
Besides, the laws of Vietnam allow the inmate to consume food from outside at his own expense3 Thailand’s Criminal Code also governs that receiving food from outside is one of the inmates’ rights
in the country4 The permission to consume outside food is progressive since inmates’ families would like to strengthen their health Nonetheless, they only retain this right with deliberate surveillance of the staff The authors believe that it is necessary to supervise the food from outside since those foods might inflict diseases for inmates
Instead of measuring by the kilogram, South African law quantifies food based on calories5 The amount of calories allocated depends on gender, age and weight6 For example, adult female prisoners must be provided with 2000 kilocalories while male prisoners need 2500 kilocalories per day7 In addition
to quantitative requirements, the country’s law also requires the diet to provide all five essential groups
of nutrition: protein, carbohydrates, fats, calcium and fiber8 According to the recommendations for a healthy diet, the World Health Organization does not mention the difference between quantifying food
in calories or kilogram9 In other words, the laws of Vietnam and South Africa have provisions to ensure sufficient quantities of food for prisoners However, the authors believe that South African law, which requires diets must provide five food nutrition groups, would be better to ensure the comprehensive development of prisoners, especially pregnant or juvenile prisoners
1 Decree 60/CP of the Government of Vietnam 1993, s 16 (1).
2 Decree No 117/2011/ND-CP of the Government of Vietnam, s 8 (1).
3 Law on Execution of Criminal Judgments 2019 of Vietnam , s 48 (2).
4 Penal Code, B.E.2499 1956 (amended in 2003) of Thailand, s 25.
5 Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s 4(1).
6 Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s 4(1) (a)(b).
7 Correctional Services Regulations 2004 (as amended in 2012) of South Africa, s4.
8 Correctional Services Regulations 2004 (as amended in 2012 of South Africa), s 4(2).
9 World Health Organization, ‘A healthy diet’ (2018) <https://www.who.int/news-room/fact-sheets/detail/healthydiet? fbclid=IwAR0wtc1uEp6clvZg6YVrnDuALjYksgqbmXP1GyvQGgWJ8HItJBg8x5hFCdY>accessed 10/10/2019.
10 Decree No 117/2011/ND-CP of the Government of Vietnam, s 9 (2).
11 Decree No 117/2011/ND-CP of the Government of Vietnam, s 9 (2).
12 Corrections and Conditional Release Regulations SOR/92-620 (as amended on June 19, 2015) of Canada, s83(2)(b) (c)(d).