Bảo đảm quyền con người trong thi hành án tử hình ở Việt Nam: Thực trạng và một số kiến nghị

Tóm tắt

The article analyzes the protection of human rights in the enforcement of the death penalty in Vietnam in the context of the global trend toward restricting capital punishment and the 2025 amendments to the Penal Code. Grounded in an approach that recognizes the right to life as a fundamental human right (National Assembly, 2013; United Nations, 1966) and international standards on due process, humanitarian safeguards, and the foreseeability of post-conviction mechanisms (Human Rights Committee, 2018; 2025), the article systematizes the current legal framework governing the enforcement of the death penalty in Vietnam, including the Law on Criminal Judgment Execution 2019 and its guiding instruments. The study identifies several key challenges, such as limited transparency in data disclosure; unclear criteria, timelines, and procedures for handling clemency petitions; potential inconsistencies in the application of transitional provisions following the 2025 amendments; and the need to strengthen legal aid and independent oversight at the final stage of the criminal justice process. On that basis, the article proposes recommendations aimed at enhancing transparency, standardizing procedures, reinforcing accountability mechanisms, and ensuring compliance with humanitarian standards in enforcement practice.