Circular No. 01/TTg On the Implementation of Work to Reconsider Freedom for Those Wrongfully Imprisoned in Step 3

CIRCULAR

OF THE PRIME MINISTER NUMBER 01/TTG, JANUARY 1, 1957
ON THE IMPLEMENTATION OF WORK TO RECONSIDER AND RELEASE THOSE WHO WERE WRONGFULLY CONVICTED IN STEP 3
THE INNOCENT PERSONS IN STEP 3

RESPECTFULLY SUBMITTED TO: Administrative Committees of the inter-provincial zones, provinces, cities, and districts

In the upcoming Step 3, there will still be many people who need to be reconsidered for release; among them, some were left over from Steps 1 and 2.

Those needing review in Step 3 consist of a very complex group: the majority are landlords, some committed crimes before the August Revolution, others served as puppet troops or puppet officials, and were convicted of criminal offenses during the resistance war.

Due to this complexity, the work of reconsidering and releasing in Step 3 will face many difficulties, requiring a firm grasp of the principle of not letting any guilty person go free and not keeping any innocent person detained, and must be carried out carefully. It is necessary to recognize that if a guilty person is mistakenly released, it will have a negative political impact on the people and lead to many harmful consequences: it will make the masses unable to distinguish between friend and foe; it will create many difficulties in stabilizing the situation, maintaining public order and security, and will have long-term impacts on consolidating the North and the struggle for socialism in the future.

I. CRITERIA, POLICY, PROCEDURE FOR REVIEW IN STEP 3 3:

1. Criteria for reviewing and releasing those who were wrongly convicted in Step 3

In addition to continuing to review and release those who meet the criteria of Steps 1 and 2 that remain, in Step 3, freedom will be restored to those who are farmers and workers wrongly classified as landlords and incorrectly labeled as reactionary or anti-resistance landlords or ordinary landlords incorrectly labeled as reactionary or current saboteurs who have been imprisoned (Circular No. 5983-P1 of the Prime Minister's Office).

During the implementation of Steps 1 and 2, there were some cases that needed further review in Step 3. Therefore, those who need to be reviewed for release in Step 3 include the following specific cases:

a) People belonging to the working class and rich peasants who were wrongly classified as landlords and incorrectly convicted of being reactionary or sentenced for the crime of bullying and evil-doing.

b) People belonging to the working-class farmers who were formerly puppet troops or puppet officials, wrongly classified as individual bullies and evil-doers or current counter-revolutionary elements; now these crimes are considered unworthy of punishment.

c) Anti-resistance landlords and ordinary landlords who were wrongly convicted of being reactionary or current saboteurs, or wrongly convicted of the crime of bullying and evil-doing, now clearly seen as innocent (to distinguish clearly between landlords and bullies and evil-doers, it is necessary to study Regulation No. 472-TTg dated March 1, 1955 and Supplement Circular No. 1196-TTg dated December 28, 1956 of the Prime Minister's Office which clearly defines what constitutes a landlord bully and evil-doer.

d) Upper classes in mountainous areas (local chiefs, village leaders, district heads, Man tribal officials) who were wrongly convicted of bullying and evil-doing, or being reactionary before land reform or during the movement to establish autonomous regions.

e) People who are cadres, soldiers, or families of cadres and soldiers, disabled veterans, martyrs, or families with meritorious service to the revolution and resistance, who should have been reviewed in Step 1 but had committed crimes and the masses demanded punishment, so they must be left for review in Step 3.

In summary: in Step 3, we must review all those who were wrongly convicted of being reactionary or current saboteurs or wrongly convicted of the crime of bullying and evil-doing in land reform, organizational rectification, and the movement to establish autonomous regions; those who are truly bullies and evil-doers, or reactionaries or current saboteurs, will not be reviewed for release; the matter of amnesty and pardon will be considered later.

2. Policy for handling certain types of cases reviewed in Step 3

a) For those who are genuinely innocent, the court will review, revoke the old verdict, and restore freedom to those who were wrongly convicted.

b) For those with minor offenses that are not worthy of punishment, the court will also review, revise the verdict, and exempt the offender from prosecution.

c) For those with relatively more serious offenses than the above cases, but who can be shown mercy, and those who truly committed crimes but were punished too harshly, their sentences will also be revised to release them (Cases where the sentence was somewhat severe, such as a five-year sentence given for a crime that deserved only three years, will be considered for amnesty or pardon at another time).

d) For those who committed crimes before the August Revolution, the principle that crimes before the revolution are less serious than those after the revolution should be applied when dealing with them leniently. In this category, distinctions must be made:

- For working-class people who committed crimes before the August Revolution and were sentenced to prison, these crimes are now considered unworthy of punishment, and the court will revoke the old verdict and restore freedom.

- For landlords who committed crimes before the revolution but not severely, and who have followed the law since the revolution succeeded and have not engaged in actions against policies, these crimes are considered unworthy of punishment and amnesty will be granted.

In exceptional cases, even if they did not commit crimes after the revolution, but the crimes before the revolution were extremely serious (many debts of blood to the people, hatred, and strong demands for punishment), whether they are farmers or landlords, they must be kept in detention.

e) For those who committed crimes during the period of temporary occupation under Decree No. 218/SL dated October 1, 1954 regarding "not punishing those who cooperated with the enemy during the war," generally, those who were convicted of treason, subversion, serving as puppet officials, etc., will be treated leniently and pardoned. However, those who relied on enemy forces, committed serious crimes, and are hated by the people and demand punishment will be retained because they have committed criminal acts such as arson, robbery, or murder.

3. Method of verifying criminal records

The implementation of this Step 3 review should be integrated into the Step 2 work of the comprehensive correction plan, verifying components, collecting evidence, verifying criminal records, as well as implementing public announcements at the commune level and resolving issues related to political and economic rights for those being reviewed for release in Step 3.

The verification work is conducted by the commune administrative committee (which has been strengthened according to the comprehensive correction plan), but it needs close guidance and supervision from the courts and provincial police departments. Judicial and police levels at the inter-provincial zone and provincial levels need to develop specific plans to assist the commune administrative committees in this work.

The main verification method relies on old and new cadres and good masses in the commune who have thoroughly studied the Party and Government's policy on restoring freedom. In difficult and complex cases, the police and courts need to coordinate in sending cadres directly to the site for individual case verification, collecting accurate materials to reach a unified conclusion with the commune.

4. Legal procedure issues:

a) Reconsideration of judgments:

The reconsideration of judgments shall be handled by the People's Court responsible for the area. The Ministry of Justice will issue directives guiding the legal procedures for the Courts in the areas.

b) Announcing judgments:

Announcing judgments must follow the legal procedures. Sentences and decisions on exemption from prosecution, release, and amnesty will be organized at the commune level, under the responsibility of the commune administrative committee.

- For laborers who were wrongly classified as landlords and for landlords who participated in the resistance, the announcement method follows step 2.

- For landlords, it is not necessary to announce widely; it suffices to explain the lenient policies and the policy of restoring freedom to ensure public calmness.

- Do not provide copies of the judgment for the parties to keep and bring back to the commune.

II - RESOLUTION OF SOME ISSUES RELATED TO THE RESTORATION OF FREEDOM IN ALL THREE STEPS
DURING THE PROCESS OF JUDGING THE RESTORATION OF FREEDOM IN THE FIRST AND SECOND STEPS

During the handling of the restoration of freedom in steps 1 and 2, localities have discovered some issues that need to be resolved.

1. The issue of continuing to remove control measures, abolish reactionary labels, and destruction activities related to reactionaries:

This issue concerns the political life and honor of individuals, their families, and relatives; therefore, it is necessary to continue combining this step to remove control measures, abolish reactionary labels, and destruction activities for those who were wronged.

a) Removing control measures: The Provincial People's Court needs to review cases of control measures imposed during tax reduction, land reform, and the establishment of autonomous regions to remove control measures for those who were wrongfully controlled and also remove control measures for those previously controlled without a decision from the court or the provincial administrative committee.

For those who need to retain control measures, clearly state each person's name, duration, and control discipline.

Where control measures were mistakenly removed in the past, handle as follows:

- For those who were under control during tax reduction, land reform, and the establishment of autonomous regions and whose control was mistakenly removed, there is no need to impose control again.

- For those under control due to decisions by the administrative committee or the provincial people's court outside the aforementioned scope such as ruffians, hooligans..., if their control was mistakenly removed, they must be retained under control according to the correct procedures and control discipline.

b) Abolishing reactionary labels and related activities:

For those who were previously sent for re-education, criticism sessions, or imprisonment before being released based on the directive restoring freedom for those who were wronged, these individuals must be declared free of reactionary labels and their rights and dignity restored; pay attention to educating them to have the right attitude towards those who accused them and to respect the law.

2. Policy and measures for dealing with wrongful releases

Currently, in many places, there are isolated instances of wrongly releasing wicked landlords, reactionaries, ruffians..., and they have engaged in destructive actions.

Areas and provinces need to review this matter and report to the Prime Minister's Office.

For those who were wrongly released (real reactionaries, wicked landlords, ruffians, hooligans, and other criminal offenders), it is necessary to distinguish different cases and characteristics to resolve them appropriately.

a) For those not within the scope of the freedom restoration review (common criminals, political offenders tried by ordinary courts) who were wrongly released by localities, they must be apprehended again.

b) For those within the scope of the freedom restoration review, generally we should not hastily apprehend them again, as this could cause panic among those who have been restored freedom and the general public. However, two situations require careful consideration for resolution:

- If those who were wrongly released return to their locality and engage in clear destructive actions causing rural disturbances, the police need to conduct investigations, compile thorough files, and then propose to the provincial administrative committee for review. If necessary, the provincial people's court will issue an arrest warrant.

If those who were wrongly released return to their locality but have not yet engaged in clear destructive actions, but the majority of the public does not approve of their return, the provincial police must also investigate again, gather public opinions and views from village authorities and organizations; if deemed necessary to detain them, they must request the original authority that issued the release to now issue an arrest warrant. It is important to note that the use of detention measures in these cases must go through careful investigation and research based on public opinion; only if the majority of the public agrees can they be apprehended.

When detaining a number of people in the same place, it is not advisable to apprehend all at once but gradually, while explaining the reasons to the public and those who have been restored freedom to prevent panic.

In the process of apprehending, legal procedures must be strictly followed. The court will issue a decision to revoke previous wrongful orders or judgments restoring freedom based on the specific circumstances.

For farmers who made minor mistakes or had minor errors, and for landlords who participated in the resistance and landlords with minor mistakes, when they are released back to their locality and if there are objections, it is necessary to continue explaining the policy and the spirit of unity and preventing mutual abuse. In these cases, they should not be detained again.

3. Resolving wrongful death sentences:

a) This issue needs to be addressed According to the general situation, among those executed, there are some innocent cases, including good cadre and peasant masses. Currently, many families and their wives and children are requesting the Government to clear their names. If we do not clear the names of those who were wrongfully executed during this period of restoring freedom, it will have negative effects on the thoughts of families with wrongful executions and the people.

b) For wrongful death penalty cases, they should be handled as follows:

-For those who are innocent or have minor offenses not warranting imprisonment but were wrongfully sentenced to death, regardless of whether they are landlords or peasants, it is necessary to clear their names..

-For those who committed some offenses but according to the law only deserved imprisonment, not death, if they were wrongfully sentenced to death, they should be categorized: the first category includes workers, rich peasants, landlords with children serving in the military or working as cadres who committed minor offenses deserving light imprisonment (such as 5 to 10 years) and were wrongfully sentenced to death; these individuals should also have their names cleared. The second category includes those whose offenses warranted 15 to 20 years or life imprisonment and were wrongfully sentenced to death; these cases will not be considered.

c) In cases involving cadres, soldiers, families of martyred cadres and soldiers, and families with meritorious service to the revolution who died while in custody, their cases should also be reviewed and cleared during this period. As for all other cases, they will be reviewed and cleared later; however, special attention must be given to explaining, consoling, and assisting the families of those wrongfully accused until their cases are reviewed.

d) The verification of wrongful death penalty cases should be combined with Step 2 of the comprehensive rectification plan. It is necessary to proceed carefully, establish complete files, and if found to be wrongful, the People's Court at the district level will conclude with a judgment.

d) Announcing the cancellation of wrongful death sentences should not be organized as a separate meeting but should be done during any village, commune, or township meeting, depending on each individual case; however, efforts should be made to avoid creating a somber atmosphere that could agitate the people; the full text of the wrongful judgment should not be read out.

The main issue here is actively explaining to the families of those wrongfully accused; providing practical assistance both spiritually and materially. Attention should be paid to the upcoming Tet holiday, where mass organizations and local authorities should send cadres to visit and assist these families during the holiday; mobilizing fellow villagers to visit, console, and help them, showing solidarity and understanding of their pain.

4. Propaganda and education issues:

Previous propaganda and education efforts have not been adequately emphasized, especially at the commune level and among cadres, the people, and families with members wrongfully arrested and punished. Now, it is necessary to strengthen the dissemination of policies for restoring freedom; highlighting the positive impact of those released returning to the commune. Continuing to educate and nurture the policies and guidelines of the Party and the Government for those released. Attention should be given to mobilizing the people to unite and assist with housing and living arrangements for those released, particularly during the upcoming Tet holiday, ensuring they do not suffer from hunger or cold, lack of shelter, and integrating this into the comprehensive rectification steps to satisfactorily resolve other issues for them.

Organizing classes for those released in Step 3 should not be prolonged; efforts should be made to complete within one week or up to ten to fifteen days so that they can return to the commune before the lunar New Year to stabilize the thoughts of their families and the people.

For those completely exonerated, it is necessary to educate them to have a good attitude towards those who falsely accused them; to set a good example and contribute positively to the overall rectification, uniting the people, and promoting various activities.

For those with some offenses, it is necessary to make them realize that they have committed some mistakes against the people, but now they are being pardoned by the Government, not entirely innocent, especially for landlords and former puppet officials and troops; it is necessary to verify and educate them to have the right attitude when returning to their locality, fostering a spirit of unity and respect for the law and the people.

For the people in the commune, it is necessary to clearly explain the policy of restoring freedom for those wrongfully accused and the lenient policy for those with minor offenses, making the people feel secure and eliminate prejudices, especially regarding those with minor mistakes.

All levels of administrative committees must pay close attention to propaganda and education work and develop specific plans to ensure the effective implementation of the Government's policy of restoring freedom.

5. Uniform regulations on expenditures and assistance for those released in Step 3

Expenditures for those released have already consumed a significant portion of the budget. Previously, some areas relied heavily on national funds and neglected mobilizing the people's support and assistance.

Now, it is necessary to firmly grasp the principles of expenditure and consider the current financial capacity. For those released in Step 3, the regulation is: each person will be provided with 1.5 kilograms of rice per day during the training period; if anyone is ill, they will be cared for and treated; those in dire need of clothing will be provided with a set of clothes, and if they do not have any, they will be given a shirt, shorts, and a jacket; travel expenses will be provided based on the distance to their commune. If the locality finds that a family is in extreme poverty, they will be provided with between 100 to 150 kilograms of rice. Those in Steps 1 and 2 who remain in Step 3 and are still under review will continue to be treated according to the previous directive of the Prime Minister.

It is necessary to be frugal in expenditures to avoid improper spending or waste and corruption.

6. Regarding the verification of data

During the resolution of Steps 1 and 2, many places discovered cases where individuals who should have been considered for release were not found.

The comprehensive and accurate data on those detained, imprisoned, or executed during land reform, organizational consolidation, and the establishment of autonomous regions has yet to be fully and accurately compiled.

Additionally, during the release of those in Steps 1 and 2, some errors were made, but they have not been fully identified.

Accurate data collection is essential, as it will provide the Government with a basis for accurately assessing the situation, properly evaluating the mistakes, and aiding localities in resolving remaining issues effectively.

Therefore, while resolving step 3, it is necessary to verify the following data:

- The number of people who have been arrested and processed, who need to be considered for release on parole (separated by each step) up to now, all three steps completed.

- The number of people who should be released but have not been found until now.

- The number of people who should not be released but were mistakenly released through the three steps.

- The number of people arrested during land reform, organizational rectification, and mobilization to establish autonomous zones, who should be pardoned but have been retained.

Verifying these data again is very important, especially tracing those who should be released but have not yet been found. Currently, some families of these individuals have submitted petitions to the authorities and organizations requesting their release. If, after completing step 3, the missing individuals are not fully located, many difficulties and passivity will arise.

To resolve this issue, the Ministry of Public Security has the responsibility to review the lists in the re-education camps, prisons, the Central Land Reform Committee, and the provincial land reform committees, which have the duty to provide documentation and files regarding arrests and trials in the land reform teams; the provincial administrative committee plans for the commune level to identify thoroughly the number of people wrongfully arrested during tax reduction and land reform, those who have not been released, and those mistakenly released back to the commune. Additionally, there needs to be a plan for agricultural and industrial enterprises to identify the number of people arrested during tax reduction and land reform, organizational rectification, and sent to work at agricultural and industrial enterprises.

Subsequently, the Ministry of Public Security has the responsibility to compile the materials and report to the Office of the Prime Minister, proposing measures for resolution.

III- ORGANIZING THE LEADERSHIP OF STEP 3 TO RELEASE FROM IMPRISONMENT

1. Due to the complexity and importance of releasing from imprisonment in step 3, and drawing lessons from leadership in the two previous steps, it is now necessary to strengthen leadership in step 3, mainly by integrating step 3 of releasing from imprisonment into step 2 of comprehensive rectification, so that all tasks can be carried out well. Specifically for Region 4, leadership must be strengthened in Quang Binh and Vinh Linh because if the release of prisoners in these two places is not handled well, it will have a negative impact on the South. For the suburban areas of major cities, leadership also needs to be strengthened to avoid adverse effects on the city.

2. To ensure the implementation of step 3's plan is successful, it is now necessary to remind that: local authorities have the responsibility to carry out the work of releasing from imprisonment, in which the police, together with courts at all levels, form a specialized subcommittee under the strict leadership of the equivalent administrative committee. The Ministry of Public Security and the Ministry of Justice will develop specific plans for their sectors in localities to implement.

3. Releasing from imprisonment in step 3 must be done carefully, but efforts should be made to complete it fundamentally before the lunar New Year. Principles regarding requests for directives and reporting deadlines must be strictly followed. The reporting deadline to the Office of the Prime Minister, previously set every three days, is now revised to once every seven days, to better reflect the situation. Reports will not be made separately by individual departments but will be a unified report of the specialized subcommittee responsible for the release of prisoners at the provincial and regional levels, which must be reviewed by the provincial administrative committee and the region before being sent to the Office of the Prime Minister, the Ministry of Public Security, and the Ministry of Justice.

To prepare for the summary of the work of releasing from imprisonment, the specialized subcommittees responsible for the work at the local level need to organize a thorough grasp of the situation, collect complete documentation, accurately tally the figures, and avoid discrepancies and inaccuracies in reports that make higher-level assessments difficult.

In summary, the examination and release from imprisonment in step 3 is very complex and challenging. We need to study and firmly grasp the criteria and policies for those eligible for release in step 3, and the methods and procedures for implementation to correctly follow the government's policy and achieve good political results, contributing positively to comprehensive rectification and promoting other aspects of work.