A/HRC/43/51/Add.3
487. The Special Rapporteur reiterates his grave concern in regard to the convictions of
Mr. Hoa and Mr. Luong linked to their critical reporting and activism in regard to the
Formosa steel plant environmental disaster in April 2016. These prosecutions appear to
represent a criminalization of their exercise of the right to freedom of expression. The Special
Rapporteur reiterates his concerns that the legal basis for these prosecutions is incompatible
with the conditions for permissible restrictions to the right to freedom of expression and as
such is unlawful under international human rights law.
488. Regarding the case of the Mr. Truong Duy Nhat (VNM 1/2019) the Special
Rapporteur acknowledges the Government’s reply dated 30 January 2020 in which it refutes
the allegation of enforced disappearance and repatriation from Thailand. However,
notwithstanding the remaining concerns in regard to the allegations raised in this
communication, the Special Rapporteur deplores the long period – nearly five months (as
acknowledged in the Government’s reply) - between the date of arrest and the date Mr.
Truong Duy Nhat’s family was informed of his detention. The Government reply states that
such a period was necessary in order not to prejudice the conduct of the investigation, and
was in conformity with article 116 of the Criminal Procedures Code of 2015. The Special
Rapporteur is concerned that this appears disproportionate in relation to the nature of the
alleged offence (“abusing power and authority to appropriate property” – corresponding law
not provided) and may violate the rights provided under articles 9 and 14 of the ICCPR to be
tried without undue delay.
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