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Wrongly Convicted Database Record
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Charge: |
Murder and Robbery |
Sentence: |
Death and later resentenced or commuted to Life |
Years Imprisoned: |
10.1 |
Year Crime: |
2003 |
Year Convicted: |
2004 |
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
Vietnam |
County or Region of Crime: |
Bac Giang Province |
City of Crime: |
Nghia Trung |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Nguyen Thanh Chan was arrested on September 20, 2003 for the murder of a woman on August 15 in the village of Nghia Trung in Vietnam's Bac Giang district where he lived. Chan was convicted on March 26, 2004 based on his left foot being similar to footprints found at the crime scene, his comportment on the day of the crime, and his confession, which he retracted as coerced by police physical mistreatment. Chan was sentenced to death, but his sentence was commutted to life in prison because of his father's contributions in the revolution. After Chan's conviction his wife, Thi Chien, campaigned for his innocence and investigated the case on her own. In July 2013 she provided authorities with information identifying that the actual murderer was 25-year-old Ly Nguyen Chung. The police investigated Chien's information and questioned Chung's step-mother and brother who both provided a statement they believed he was the actual killer. On October 25, 2013 arrested Chung, who fled first to Thailand and then China. Chung confessed to the crime during his police interrogation. Based on the new evidence Chung committed the crime, on October 29, 2013 he was charged with murder and robbery. Because Chung was 14 at the time of the crimes he was to be prosecuted as a juvenile. Chan was released from prison on November 4, 2013 pending his retrial. On November 6, 2013 a retrial by the Council of the Supreme People's Court voided Chan's conviction's and sentence. The ruling made Chan eligible for compensation of about VND520 million (US$24,761) from the Vietnamese government, and he has the right to sue the Vietnamese Yen District Courts, Circuit Court of Appeals, and request from the Supreme People's Court of cash compensation, damages property infringement, damages caused by the actual income loss or reduction , damages for loss of mental, physical damage due to compromised health. In June 2015 Chan was awarded compensation of VND 7.2 billion (US$360,000). On April 4, 2016 the Supreme People's Procuracy of Vietnam announced that it had ratified criminal charges against a police officer and a prosecutor for falsifying documents that led to Chan's wrongful conviction. The two were Dang The Vinh, a senior prosecutor of Bac Giang Provice, and Tran Nhat Luan, deputy police chief of Viet Yen District. No trial date was announced. The Supreme Court judge responsible for the case, Pham Tuan Chiem, fainted during his interrogation by investigators questioning him about his role in the case, and he was suspended to due his health problems." |
Conviction Caused By: |
False confession extracted by police beatings. |
Innocence Proved By: |
"On November 6, 2013 a retrial by the Council of the Supreme People's Court voided Chan's convictions and sentence." |
Defendant Aided By: |
Thi Chien who is Chan's wife. |
Compensation Awarded: |
"VND 7.2 billion (June 2015, Vietnam) (US$360,000 at exchange rate)" |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
42 |
Age When Released: |
52 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"Wife gets her husband's murder conviction overturned ten years after he was jailed by tracking down the real killer, By Aaron Sharp (staff writer), Daily Mail (London), November 5, 2013" |
Information Location 1: |
http://www.dailymail.co.uk/news/article-2487822/Wife-gets-husbands-murder-conviction-overturned-years-jailed-tracking-real-killer.html |
Information Source 2: |
"Murder convict released after 10 years on new testimony, By DTInews, November 5, 2013" |
Information Location 2: |
http://talkvietnam.com/2013/11/murder-convict-released-after-10-years-on-new-testimony/#.Uoa3nX_91Ro |
Information Source 3: |
"Two verdicts on lifer, likely victim of injustice, cancelled, By Tuoitrenews, Talkvietname.com, November 7, 2013" |
Information Location 3: |
http://talkvietnam.com/2013/11/two-verdicts-on-lifer-likely-victim-of-injustice-cancelled/#.UobCAH_91Ro |
Information Source 4: |
"Supreme Court agrees to pay $360,000 to wrongfully imprisoned man, By Bac Giang, Thanh Nien News, June 6, 2015" |
Information Location 4: |
http://www.thanhniennews.com/society/supreme-court-agrees-to-pay-360000-to-wrongfully-imprisoned-man-46315.html |
Information Source 5: |
"Vietnam's prosecutor, policeman charged in wrongful conviction case, By Bac Giang, Thanh Nien News, April 5, 2016" |
Information Location 5: |
http://www.thanhniennews.com/society/vietnams-prosecutor-policeman-charged-in-wrongful-conviction-case-60918.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org