The Office of the Ombudsman and the National Human Rights Institution has called for assurances that two Samoan nationals under criminal investigation in Vietnam are receiving fair trial protections, including access to legal representation and consular support.

The statement comes as Vietnamese media reported that Samoan nationals Joseph Vaa and Steve Tofa have been charged with murder in connection with the killing of Coconut Cartel leader Lorenzo Lemalu. Authorities allege the pair travelled to Vietnam using fake Australian passports and confessed to being hired to carry out the killing.

In a public statement issued Friday, the Ombudsman's Office said it recognised Vietnam's authority to investigate and prosecute alleged offences but stressed that legal rights must be protected throughout the process.

"All persons accused or suspected of criminal conduct are entitled to equality before the law and to a fair trial," the Office said.

The statement follows the circulation of video footage showing the two Samoan men making statements while in custody.

According to the Ombudsman's Office, "the publicly circulated video footage raises legitimate concerns regarding whether the two Samoan nationals had effective access to legal counsel at the time the statements were recorded and whether the publication of such material before trial may prejudice their right to a fair and impartial legal process."

The Office said international legal standards, including the International Covenant on Civil and Political Rights, provide protections such as "the presumption of innocence until proven guilty according to law," "the right to a fair and public hearing before an independent and impartial court," and "the right to access legal assistance."

It also pointed to provisions in Vietnam's Criminal Procedure Code that guarantee the right to defence counsel and require suspects to be informed of their rights before interrogation.

The Ombudsman's Office further noted that "under modern criminal justice standards, statements or confessions should be obtained voluntarily and with full procedural safeguards." It added that the public release of confession material before a court ruling "may raise concerns regarding the integrity and fairness of subsequent proceedings."

The Office called for confirmation that the two Samoan nationals have "timely and confidential access to independent legal representation," appropriate consular support through the Government of Samoa, and assurances that all investigative procedures comply with Vietnamese law and internationally recognised fair trial standards.

The statement said it "should not be interpreted as commenting on the guilt or innocence of any individual" but reflects the Office's mandate to protect human rights, due process and the rule of law while recognising "the gravity of the alleged offence and the loss suffered by the victim's family."

Separately, James Tuisavailuu Atua, who is connected to Unalei Rentals in Apia, has been charged with providing false information to police after being stopped at Faleolo International Airport on Thursday. Police have said they are investigating a possible link to the Vietnam shooting. His lawyer, Meleisea Mathew Lemisio, said Atua denies the charge and intends to defend it in court.