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Internal Communication Clearance Form NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT DES NATIONS UNIES OFFICE OF THE UNITED NATIONS AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS PROCEDURES SPECIALES DU SPECIAL PROCEDURES OF THE CONSEIL DES DROITS DE L’HOMME HUMAN RIGHTS COUNCIL Mandates of the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special Rapporteur on the situation of human rights defenders; the Special Rapporteur on the independence of judges and lawyers; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. REFERENCE: UA G/SO 218/2 G/SO 214 (67-17) Health (2002-7) G/SO 214 (107-9) G/SO 214 (3-3-16) G/SO 214 (53-24) VNM 5/2013 7 August 2013 Excellency, We have the honour to address you in our capacity as Chair-Rapporteur of the Working Group on Arbitrary Detention; Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Special Rapporteur on the situation of human rights defenders; Special Rapporteur on the independence of judges and lawyers; and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment pursuant to Human Rights Council resolutions 15/18, 16/4, 15/22, 16/5, 17/2, and 16/23. In this connection, we would like to draw the attention of your Excellency’s Government to information we have received regarding the alleged arbitrary detention and torture of Mr. Nguyen Van Hai, also known as Dieu Cay and Mr. Cu Huy Ha Vu. We would also like to draw the attention of your Excellency’s Government to information we have received regarding ill-treatment of Mr. Nguyen Xuan Nghia. Mr. Nguyen Van Hai, born on 23 September 1952, is an independent journalist and blogger, a founding member of the Club of Free Journalists in 2006, and recipient of the 2009 Hellman Mammet Award. Mr. Nguyen Van Hai was the subject of previous communications. On 15 August 2011, the Chair-Rapporteur of the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment sent a communication to your Excellency’s Government regarding Mr. Nguyen Van Hai’s poor prison conditions, alleged hard labour and torture. The communication alleged that Mr. Nguyen Van Hai lost an arm in prison, was being tortured, and arbitrarily detained for exercising his right of freedom of expression. By letter dated 12 January 2012, your Excellency’s Government replied that all proceedings against Mr. Nguyen Van Hai were carried out in strict compliance with Vietnamese laws and in line with international standards and practices, and that allegations that Mr. Nguyen Van Hai was tortured or forced to work are not true. On 14 June 2012, the Chair-Rapporteur of the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; the Special Rapporteur on the situation of human rights defenders; and the Special Rapporteur on the independence of judges and lawyers sent a communication to your Excellency’s Government. The communication alleged that Mr. Nguyen Van Hai’s detention was in violation of the Criminal Procedures Code of Viet Nam and that his families, as well as his lawyer, were repeatedly denied prison visits. It was also alleged that Mr. Nguyen Van Hai was in urgent need of medical attention due to his deteriorating health condition. By a letter dated 14 September 2012, your Excellency’s Government replied that Mr. Nguyen Van Hai’s arrest, provisional detention and proceedings were carried out in strict compliance with Vietnamese laws and in line with international standards and practices. Mr. Nguyen Van Hai was also the subject of an Opinion of the Working Group on Arbitrary Detention (Opinion No. 1/2009 (Viet Nam) adopted on 5 May 2009. In its Opinion, the Working Group on Arbitrary Detention determined that the detention of Mr. Nguyen Van Hai was arbitrary between the date of his arrest on 12 May 2008, until his release following his criminal sentence to "re-education without detention" on 15 October 2008, being in contravention of articles 9 and 19 of the Universal Declaration of Human Rights (UDHR) and articles 9 and 19 of the International Covenant on Civil and Political Rights (ICCPR). Mr. Cu Huy Ha Vu, born in 1957, is a doctor of law and a prominent human rights activist. Mr. Cu Huy Ha Vu has been a peaceful defender of cultural, environmental and civil and political rights and consistently used the courts to seek justice for those whose rights have been violated by State and non-State actors. Mr. Cu Huy Ha Vu was the subject of a previous communication sent by the Special Rapporteur on the independence of judges and lawyers; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the situation of human rights defenders on 21 April 2011. By a letter dated 6 June 2011, your Excellency’s Government replied that the arrest and criminal proceedings against Mr. Cu Huy Ha Vu were carried out in strict compliance with Vietnamese laws and with international standards on human rights. Mr. Cu Huy Ha Vu was also subject of a previous opinion of the Working Group on Arbitrary Detention (No. 24/2011 Viet Nam) adopted at its 61st session (29 August – 2 September 2011; A/HRC/WGAD/2011/24). In its opinion, the Working Group on Arbitrary Detention has determined that the detention of Mr. Cu Huy Ha Vu is arbitrary and in violation of articles 9 and 19 of the ICCPR. 2 Mr. Cu Huy Ha Vu was also subject of an Opinion of the Working Group on Arbitrary Detention (Opinion No. 24/2011 Viet Nam) adopted on 29 August 2011; A/HRC/WGAD/2011/24). In its Opinion, the Working Group on Arbitrary Detention determined that the deprivation of liberty of Mr. Cu Huy Ha Vu was arbitrary, being in contravention of articles 9 and 19 of the ICCPR. Mr. Nguyen Xuan Nghia, 64 years old, is a poet, journalist, essayist and novelist, a member of the Hai Phong Association of Writers and a founding member of the banned democracy movement known as Bloc 8406. He is the editor of the underground democracy journal To Quoc (Fatherland) Review. Mr. Nguyen Xuan Nghia was the subject of an Opinion of the Working Group on Arbitrary Detention (Opinion No. 1/2009 (Viet Nam) adopted on 5 May 2009. In its Opinion the Working Group on Arbitrary Detention determined that the detention of Mr. Nguyen Xuan Nghia was in contravention of articles 9, 19 and 20 of the UDHR and articles 9, 19 and 21 of the ICCPR. According to the information received: On 18 October 2010, upon completion of a previous sentence, Mr. Nguyen Van Hai was charged with conducting propaganda against the Socialist Republic of Viet Nam under article 88 of the Vietnamese Criminal Code and reportedly transferred to a public security detention camp in Ho Chi Minh City. He was held incommunicado for several months. Reportedly, the charges were based on his online writings for the “Free Journalist Network” in Viet Nam, published prior to his arrest in 2008. Allegedly in September 2012, Mr. Nguyen Van Hai was sentenced to 12 years imprisonment and five years’ probation. It is also reported that Mr. Nguyen Van Hai’s family and lawyer have been repeatedly denied prison visits, and that Mr. Nguyen Van Hai is in urgent need of medical attention due to his deteriorating health condition. It is reported that Mr. Nguyen Van Hai is currently detained in Prison 6 in Thanh Chuong District, province of Nghe An in Central Viet Nam. Reportedly, in February 2011, Mr. Nguyen Van Hai began his first hunger strike and continued for 28 days to protest his arbitrary detention and the denial of his right to family visits. In June 2013, Mr. Nguyen Van Hai was placed in solitary confinement, reportedly as punishment for refusing to admit his alleged crimes. It is reported that on 23 June 2013, Mr. Nguyen Van Hai began his second and on-going hunger strike in response to being placed in solitary confinement despite the fact that he reportedly almost died during his previous hunger strike. It is furthermore alleged that Prison Camp No. 6 has no adequate medical facilities, and that it is located in a remote and mountainous region at around 70 kilometers from Vinh, the nearest town. It is therefore alleged that should Mr. Nguyen Van Hai’s health suffers as a result of a 3 prolonged hunger strike, he would not have access to urgent medical treatment. According to the information received, Mr. Nguyen Van Hai’s family has been discouraged from visiting him and it was stated that he was being punished for being uncooperative. It is also reported that Mr. Nguyen Van Hai has been held at 10 different prisons and camps since his arrest in October 2008, and that he is currently 1,500 km away from his family’s house rendering it nearly impossible for them to visit.
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