A/HRC/44/50/Add.4
Conscience Association (FVPOC), and was also a founder of the Independent Journalists
Association of Viet Nam (IJAVN). Mr. Pham Chi Dung was arrested on 19 November 2019,
and his house searched. During the search, police officers reportedly forced Mr. Pham Chi
Dung to log onto his computer and to print certain documents that could be related to his
work as a journalist, including his work with IJAVN. According to the information received,
he is currently being held under Article 117 of the Vietnamese Penal Code, which relates to
“making, storing or disseminating information, documents, materials and items against the
Socialist Republic of Viet Nam”, a crime which carries between 10-20 years imprisonment.
The Special Rapporteur thanks the Government for its reply dated 20 March 2020. The
Special Rapporteur remains concerned that these acts appear to be directly linked to the
exercise by Ms. Thao and Mr. Pham Chi Dung of their rights to freedom of expression and
association, and their work as human rights.
93.
In communication VNM 1/2020 sent on 21 March 2020, the Special Rapporteur raised
concern at the alleged arbitrary arrest and potential enforced disappearance of Vietnamese
lawyer and woman human rights defender Ms. Truong Thi Ha, while crossing the border
from Laos to Viet Nam on the 25-26 March 2020, and the possibility that her arrest could be
an act of reprisal for her human rights advocacy. In November 2019 Ms. Truong Thi Ha had
participated in a workshop organized by the Special Rapporteur on the right to freedom of
peaceful assembly and association in Geneva, Switzerland. In this workshop she voiced her
fear of reprisals for her cooperation with UN mechanisms. Ms. Truong was returning to Viet
Nam for the first time since her participation in the aforementioned workshop. The Special
Rapporteur thanks the Government for its reply dated 25 May 2020, which refutes that Ms.
Truong Thi Ha was arbitrarily detained or prevented from contacting her family, and states
that Ms. Truong Thi Ha had been placed in mandatory health quarantine for 14 days due to
the Covid-19 pandemic. The Government of Viet Nam had introduced mandatory health
quarantine for all entries to Viet Nam from March 21, 2020. The Government’s reply appears
to indicate that Ms. Truong Thi Ha was able to contact friends and family to communicate
her whereabouts as of 30 March 2020. However, the Special Rapporteur would like to
highlight, that according to information received Ms. Truong Thi Ha was not given an official
way of communicating with her family by the authorities, which would also explain why she
was only able to do so as of 30 March 2020, despite having been placed in quarantine on 26
March 2020. The Government reply further states that Ms. Truong Thi Ha is free and not a
subject of any criminal detention or prosecution.
21
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