Circular No. 1500/HCTP On Detention and Inspection of Detention Centers and Rehabilitation Camps

CIRCULAR

JOINT MINISTRY OF PUBLIC SECURITY AND JUSTICE DECREE NO. 1500/HC-TP
DATE AUGUST 23, 1956 ON THE MATTER OF DETENTION AND
INSPECTION OF TEMPORARY DETENTION CAMPS AND REFORM CAMPS

THE MINISTER OF PUBLIC SECURITY

THE MINISTER OF JUSTICE

Respected Sirs: Chairmen of Administrative Committees, Directors of Public Security, and Prosecutors of People's Courts in the Northern Border Region, Regions 3 and 4, Left Bank, Hanoi City, Haiphong, Hong Quang, Thai Meo Autonomous Region

The third national detention camp staff conference convened by the Ministry of Public Security on February 1, 1956, after reviewing the situation of detention at temporary detention camps and reform camps, found some deviations and shortcomings.

The Joint Ministries recognize the urgent need to correct these and remind of the regulations already established regarding several issues:

1. The tasks of temporary detention camps and reform camps concerning detention and release of prisoners.

2. The tasks of the Court in inspecting temporary detention camps and reform camps.

I. DETENTION

1. Temporary detention camps or reform camps shall only accept prisoners or transfer prisoners when there is a written order signed and stamped by authorized officials as stipulated in Chapter 1, Section 2, Point 7 of the provisional rules of the detention camp and Article 3 of Chapter 2 of the provisional rules of the reform camp. If the prisoner is detained by a Special People's Court, Military Prosecution Office, or Military Police Office, the order must be signed and stamped by the Chief Judge or Deputy Chief Judge of the Special People's Court, the Director or Deputy Director of the Military Prosecution Office, or the Head or Deputy Head of the Military Police Office. The order must clearly state the prisoner's identification, background, crime, and date of detention. If there is a judgment, a copy of the court record must be attached, along with a prisoner's file (a model is attached to this circular) to replace the dossier, aiding the reform camp in understanding the prisoner's crimes for effective education; when transferring the prisoner to another camp, this file must accompany the prisoner to the new camp.

Simultaneously with the written order, if the prisoner has valuable items, the agency issuing the detention order must provide a receipt for those items to the temporary detention camp or reform camp and transfer the items themselves to the temporary detention camp or reform camp.

2. For prisoners who have been detained for a long time and are approaching the temporary detention period limit as prescribed by current regulations (45 days for criminal offenses punishable by up to three years' imprisonment and four months for serious criminal offenses and political offenses punishable by more than three years' imprisonment), the warden of the temporary detention camp must immediately report to the Public Security Bureau to remind the agency that issued the detention order to extend the detention if necessary, and a copy of the extended detention order will be sent to the Court for monitoring. In cases where the dossier has been transferred to the Court, the Prosecutor signs the extension order. According to Decree No. 40 dated March 29, 1946 (Article 4), detention may be extended twice, but investigative agencies must conduct investigations quickly as soon as possible.

3. When detaining, the agency that apprehends the prisoner shall issue the release order. In cases where the dossier has been transferred to the Court, the Prosecutor signs the release order.

4. For convicted prisoners who have completed their sentences, the Prosecutor at the location of the reform camp where the prisoner is being detained shall issue a release certificate. The reform camp does not have the right to detain the prisoner beyond the completion date of the sentence, except in cases where there is an order from a higher authority. For prisoners sentenced by a Special People's Court whose files are incomplete, the Public Security Bureau shall investigate further and propose solutions to the local administrative committee.

5. The temporary detention camp and the Court must maintain two registers: one for detained prisoners and one for convicted prisoners. The reform camp must maintain a prisoner file register (sample forms are attached to this circular).

II. INSPECTION

Prosecutors of provincial and regional People's Courts must inspect temporary detention camps and reform camps according to Article 12 of the provisional rules of the temporary detention camp and Article 16 of the provisional rules of the reform camp.

The main content of the Court's inspection is to check whether the principles and procedures for arrest, detention, and release are properly implemented by responsible agencies.

Specifically, the Court needs to pay attention to the following points:

1. Is the detention carried out with a written order signed and stamped by authorized officials?

2. Is the detention period correctly enforced?

3. Is the release of prisoners who have completed their sentences conducted properly?

If during the inspection, the Court finds deficiencies in the camp's treatment of prisoners, food provisions, health care, etc., the Court should discuss with the Public Security Bureau and the Camp Management Board to develop a plan for improvement.

For prisoners who have been detained but whose investigation is still ongoing secretly by the police, before conducting inspections, the Court must discuss beforehand with the Public Security Bureau and the warden of the temporary detention camp to prevent any lapses that could hinder the investigation.

Prosecutors of provincial and regional People's Courts must arrange to inspect temporary detention camps or reform camps once a month. Inspection results must be reported to higher authorities and a copy sent to the corresponding level Public Security Bureau. The Regional Internal Affairs Department may select a province as a pilot to gain experience and guide other provinces, reporting regularly to the Central Government.

The Joint Ministries hope that you will strictly comply with this circular; if you encounter any difficulties or obstacles, please promptly report them to the Joint Ministries.