A/HRC/43/51/Add.3
welcomes the additional sections added to the Criminal Procedure Code in 2019, which
increases protections for the accused in order to mitigate strategic litigation. The Special
Rapporteur remains concerned that Ms. Sutharee Wannasiri and Mr. Nam Win may face
lengthy prison sentences for their public denouncement of human rights violations in
Thammakaset Poultry Company.
480. While recognising the efforts of the Ministry of Justice of Thailand to strengthen the
visibility and protections for human rights defenders, the Special Rapporteur is concerned by
the assertion that human rights defenders may make “distorted”, “false” or “ambiguous”
statements in order to harm businesses. The Special Rapporteur reminds the Government of
Thailand of article 6 (b) and (c) of the UN Declaration on Human Rights Defenders, which
provide for the right to freely publish, impart or disseminate information and knowledge on
all human rights and fundamental freedoms, and to study, discuss and hold opinions on the
observance of these rights.
Viet Nam
481.
JUA 18/04/2019
Case no: VNM 1/2019
State reply: 30/01/2020
Allegations concerning the alleged arbitrary arrest, enforced disappearance and
subsequent repatriation of Mr. Truong Duy Nhat from Thailand to Viet Nam, as well
as the surveillance and intimidation of Mr. Bach Hong Quyen.
482.
JAL 29/05/2019
Case no: VNM 2/2019
State reply: none to date
Allegations concerning the arrest, ill treatment and detention conditions of
journalist Nguyen Van Hoa following his coverage of protests in the aftermath of the
Formosa steel plant toxic spill, the lack of fair trial guarantees afforded during his pretrial detention and in the subsequent criminal proceedings brought against him, and
the failure to investigate and address complaints of human rights violations.
483.
JUA 20/11/2019
Case no: VNM 4/2019
State reply: none to date
Allegations concerning the treatment and detention conditions of journalist
Nguyen Van Hoa and environmental rights defender Le Dinh Luong, following their
public activism in the aftermath of the Formosa steel plant toxic spill.
484. The Special Rapporteur thanks the Government for its reply to one of the three
communications sent during the reporting period, but regrets the absence of replies to the
other two letters. The Special Rapporteur also thanks the Government for the responses
received this year to communications VNM 6/2018, VNM 10/201 and VNM 9/2018, which
were sent during the previous reporting period.
485. The Special Rapporteur regrets the absence of reply to his letters VNM 2/2019 and
VNM4/2019 relating to journalist Nguyen Van Hoa, particularly so in view of the serious
nature of the allegations contained therein, including torture, ill treatment and multiple
failures to observe due process in the course of his arrest, prosecution and detention.
Following an alleged beating by prison guards on 13 May 2019, Mr. Nguyen Van Hoa was
placed in solitary confinement for not following prison rules and regulations. Mr Văn Hoá
has suffered significant weight loss since his time in isolation. In these circumstances, in
which he is unable to communicate with other prisoners or his family on a regular basis, his
mental health is rapidly deteriorating.
486. The Special Rapporteur expresses similar concerns in regard to the conviction and
detention conditions of human rights defender Le Dinh Luong (VNM 4/2019), who was
detained for his criticism on social media platforms of the Vietnamese government’s response
to environmental disasters in the country, including the above-mentioned Formosa steel plant
disaster. Mr. Luong’s mental health is reportedly deteriorating significantly as a result of his
conditions of detention, which include extremely limited contact with his family. He has also
reportedly been denied access to medical treatment for the various medical conditions he
suffers from, and been refused access to a religious pastor.
67
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