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Viet Nam
Urgent appeals
1965. On 6 January 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on human rights defenders, regarding Nguyen Dan Que (cited in a previously transmitted communication, E/CN.4/2004/62/Add.1, para. 837). According to the allegations received, he was accused of espionage but the formal charges against him and the date of a possible trial are unknown. He has been denied access to his legal representatives and relatives since his arrest. He is suffering from a blood pressure condition, a bleeding peptic ulcer and kidney stones. Medication, which he needs for his serious condition, has been delivered to the detention centre where he is being held, but it is unknown whether this has in fact been given to him.
1966. By letter dated 2 April 2004, the Government informed that the allegations are totally untrue. He was arrested for having committed acts in violation of article 80 of the Criminal Code, and as a result he will be brought to trial when the investigation has been completed. The right of the defendant to a fair trial is guaranteed.
1967. On 16 January 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, regarding the situation of Christians who belong to the Montagnard Degar, a group which identifies itself as indigenous, in the Central Highlands. According to the allegations received, on 21 December 2003 at approximately 1 p.m., eight truckloads of paramilitary police surrounded the village of Plei Todrah, commune of Bongong, Cu Se district, in Gia Lai province, in order to capture Christians who were reported to be hiding in the area. During this incident, the police arrested Jum, Huit, Teng and Thoi, members of the Christian community, who were hiding in the house of Ham, Won and Oh. The police tied them up and tortured them in front of the villagers. They were repeatedly beaten and kicked. They were dragged around the village. They were later thrown onto the floors of the trucks and taken away. Ham, Won and Oh, who had helped the four above-mentioned individuals, went into hiding after the police completely destroyed their house. On the same day, the police arrested two other Christians, Hlo, from the village of Plei Pheo, commune of Bongong, and Hua, from the village of Plei Brong Gua i, commune Ia Pet, Dak Dao district. They were publicly beaten and kicked by police officers. On 22 December 2003, a Christian named Y Bun Ayun, 24 years old, from Buon U village, Dak Lac province went to the police station at Cu Jut District to ask for Government permission to celebrate Christmas. The police, however, arrested and beat him, subjected him to electric shocks, and told him not to follow the Christian religion. After two days of subjecting him to torture and beatings, the police eventually released him.
1968. By letter dated 3 April 2004, the Government informed that the allegations are sheer fabrication. The rights to freedom of religion or belief and freedom of non-religion or belief are ensured. Torture and other forms of inhuman treatment and punishment are forbidden. These are clearly enshrined in the Constitution and laws and are strictly observed in practice. The Penal Code of Viet Nam has provisions on penalties for those who infringe upon the above-mentioned rights. Jum, Huit, Teng and Hoa were arrested on 22 December 2003 for acts of undermining the policy of national solidarity and unity. Huit, Teng and Hoa were released on 29 December. Hlo was arrested on 22 December 2003 and charged with rabblerousing and acts of undermining the policy of national solidarity and unity. Y Bun Ayun, Ham, Wo and Oh are reported to be leading normal lives in their respective locations.
1969. By letter dated 14 May 2004, the Government informed that on 10 and 11 April 2004, extremist elements in localities in Dak lak and Gia Lai provinces, instigated and instructed from outside forces, in particular the Montagnard Foundation led by Ksor Kok, induced, deceived and forced the local people to carry out demonstrations. The extremists committed acts that caused public disorder. They used dangerous weapons to beat on-duty officers, causing serious injuries. They destroyed public works and property in some communes. More seriously they even dared to attack some commune headquarters, capture local officials and display banners demanding the establishment of a “Dega State”. In the face of such violent acts by the extremists, law enforcement forces and people had to take defensive action. The local authorities took measures to stabilize the situation. Demonstration participant s who had been misled received explanations about the issue from the local authorities and were provided with transportation to return home. The instigators, leaders and those who committed acts against public officers who were on duty were the only ones held in custody by the local government. At present life in the area has returned to normal. Recently a United Nations working team, officials from a number of embassies in Ha Noi, Vatican officials and members of the foreign press had opportunities to visit the Central Highlands. The rights of people of all ethnicities in the Central Highlands are guaranteed.
1970. On 21 September 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression and the Chairperson- Rapporteur of the Working Group on Arbitrary Detention, regarding Pham Hong Son (cited in previously transmitted communications, E/CN.4/2003/67/Add.1, para. 637 and E/CN.4/2004/62/Add.1, para. 838). According to the allegations received, his sentence was reduced from 13 years in prison to five years in prison and three years of house arrest. Pham Hong Son, who suffers from inguinal hernia, requires an operation as soon as possible or he could die as a result of complications. His family members were not allowed to see him when they went on 11 September 2004 to the Yen Dinh Detention Centre.
1971. By letter dated 15 October 2004, the Government informed that Pham Hong Son’s
health is well taken care of and he is regularly visited by family members without any
hindrance, in conformity with the Decree on implementation of imprisonment. However, on
12 September 2004, he did not comply with prison regulations, refusing to wear prisoner
dress, so he was not allowed to meet with his family members. Instead, he could receive gifts
from his family.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.