On May 6, 1959, the south Viet Nam administration promulgated law 10-59 providing for ‘punishment of crimes of sabotage and injury to life or property of the people, and establishment of special military courts’.
By its aim and its contents, this law was an integral embodiment of the south Viet Nam ruling circles’ intention of ‘re-shaping the judiciary system with a view to annihilating the Viet Cong (setting up special military courts to judge on the spot, enforcing new draconian anti-communist laws, meeting out harsh punishment to the Viet Cong’s sustainers)’. This was advocated by the Cach Mang Quoc Gia as early as in March 1959 (1).
As is known to everybody, besides the ‘Tham chinh vien’ and the Saigon administrative court which form a system of administrative courts, there is at present in south Viet Nam a whole network of judiciary courts. Not counting the courts of the peace with extended powers, the ordinary courts of the peace, and six courts for children, this includes a Supreme Court of Appeal at Saigon, the Courts of Appeal at Saigon and Hue, and six Country Courts at Saigon, Dinh Tuong, Vinh Long, Hue, Quang Nam and Khanh Hoa. Besides, mention should also be made of the three military courts at Saigon, Hue and Nha Trang. In theory as well as in practice, this system of courts has been used for the purpose of persecution against a considerable number of patriots in south Viet Nam.
By the promulgation of law 10-59, the south Viet Nam administration has, however, established another system of independent courts the powers of which are extended as compared with those of the judicial court. The special military courts set up under this law are placed under the authority of the Defence Ministry. Their entire personnel, from simple clerks to judges and commissaries of the government, is to be chosen from among armymen. It is worth noticing that the Defence Minister or the Assistant Secretary for Defence may order proceedings without first instituting an inquiry. The special military courts is to sit within three days of receipt of the order of the Defence Ministry. The summons is served on the accused 24 hours before the sitting. The special military court judges without appeal, and its sentences are to be acted upon immediately; execution of death sentences only is postponed pending acceptance or rejection of the appeal for mercy. Besides, the court can sit outside its usual seats. At present, only one special military court has been set up in Saigon; therefore, its jurisdiction extends over the whole south Viet Nam, and it can move around in all the 38 provinces. In view of such a procedure, the right of defence is just a mockery, and the same can be said of the right of appeal for mercy, the power to grant it being vested in the hands of Ngo Dinh Diem, President of the Republic and Defence Minister, the very man who decides upon the proceedings.
Law 10-59 also includes a part dealing with the crimes which come under the jurisdiction of the special military courts. It has been designed to punish whoever ‘commits or intends to commit crimes with the aim of sabotage, or of infringing upon the security of the State, or of injuring the life or property of the people’. With such a vague wording, the accused is prosecuted not only for serious crimes, but also for trifling offences; not only for crimes already ‘perpetrated’, but also for acts which he ‘intends to commit’ (these are quite different from ‘attempts’). Moreover, only two penalties are provided for: death or hard labour for life. Offenders, accomplices, and instigators are not allowed to enjoy the plea of extenuating circumstances.
Law 10-59 has been labelled ‘guillotine-law’ by the Vietnamese people. It is regarded by many lawyers as a ‘juridical monstrosity’.
As has been mentioned above, the so-called ‘policy of the Government of the Republic of Viet Nam towards former resistance members’ clearly stipulates:
“The Government of the Republic of Viet Nam is determined to punish the Viet Cong saboteurs. For this purpose, the National Assembly passed, and the President promulgated law 10-59 on May 6, 1959”.
Law 10-59 and the establishment of special military courts are obviously designed to ‘wipe out the Viet Cong saboteurs’, i.e. former resistance members in south Viet Nam. Without any aim in view other than to carry out reprisals against former resistance members and peace-loving patriots, the south Viet Nam ruling circles have set up a system of special military courts to judge according to a special procedure, and to impose on them sentences of death or hard labour for life, whether the charges are supported by evidence or not.
Law 10-59 is a fascist law. It also amounts to an extremely serious violation of Article 14 (c) of the Geneva Agreement concerning Viet Nam.
(1) Cach Mang Quoc Gia (Saigon), March 6, 1959 issue.
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