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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