Ombudsman calls for a fair trial for Samoans accused of murder in Vietnam

By Lagi Keresoma/

Apia, SAMOA – 29 May 2026: The Office of the Ombudsman & National Human Rights Institution of Samoa has called for a fair trial of the two Samoans accused of murder in Vietnam.

In a press statement released today, they recognise and respect Vietnam’ s authority in executing their duty of investigating and prosecuting the offence.

However, the Office believes “that all persons accused or suspected of criminal conduct are entitled to equality before the law and to a fair trial,” said the statement pursuant to protections under both domestic and international legal standards including Article 14 of the International Covenant on Civil and Political Rights (ICCPR) – ratified by both Samoa and Viet Nam.”

The statement further noted that such rights include:

• The presumption of innocence until proven guilty according to law;
• The right to a fair and public hearing before an independent and impartial court;
• The right to access legal assistance and
• Protection from compelled or coerced confessions.

Will the publication of the video affect their right to a fair trial?
The statement also raised concern over the public circulation of the video of the accused regarding the accused access to a legal presentation. In the video footage, the accused publicly confessed to the killing without legal presentation.

The statement questioned whether the viral publication of the video prior to a hearing may “prejudice their right to a fair and impartial legal process.”

Provisions relevant to the matter
Under the Vietnam Criminal Procedure Code of 2015, there are provisions that contain protections relevant to the accused matter.

Such provisions are noted in Article 16 which says “the right of accused persons to defence counsel.

Article 60(2) (a-b) notes the requirement that accused persons be informed of their rights and obligations.

Articles 73 to 75 is the recognition of the defence counsel’s right to participate in proceedings, meet accused person/s, and be present during interrogations.

Article 183 deals with the obligation of investigators to explain rights to suspects prior to interrogation.

“The Office further notes that under modern criminal justice standards, statements or confessions should be obtained voluntarily and with full procedural safeguards,” says the statement.

Consular accessibility to the accused
The Ombudsman office has clarified that there is no legal entitlement to consular assistance for Samoan citizens abroad.

However, under Article 36 of the Vienna Convention on Consular Relations, Samoan consular officers have the right to visit, communicate with and arrange legal representation for any citizens detained overseas.

“Public dissemination of confession material before judicial determination may raise concerns regarding the integrity and fairness of subsequent proceedings.”

“In this regard, the Office recalls concerns expressed by the United Nations Human Rights Committee regarding reports in Viet Nam of torture and ill-treatment carried out to extract confessions during investigations, and that these confessions are later presented as evidence in court, including in cases involving the death penalty.”

The Office therefore respectfully calls for:

•  Confirmation that the two Samoan nationals have timely and confidential access to independent legal representation
•  Appropriate consular access and support through the Government of Samoa and the Ministry of Foreign Affairs and Trade,
•  Assurance that all investigative procedures comply with Vietnamese law and internationally recognized fair trial standards
•  Assurance that the two Samoan nationals are being treated in accordance with applicable human rights standards on the treatment of prisoners, including under the ICCPR4 and the Convention against Torture,
• Careful restraint regarding the public release of investigative confession material before judicial proceedings are concluded.

“This statement should not be interpreted as commenting on the guilt or innocence of any individual. Rather, it reflects the Office’s mandate to promote and protect human rights, due process, and the rule of law for all persons, including Samoan citizens abroad, while recognizing the gravity of the alleged offence and the loss suffered by the victim’s family.” says the statement.

Public support for Ombudsman call
The Ombudsman statement has drawn huge support from the public who are now calling on the Government to act.