A/HRC/32/36/Add.3
with the opinions and criticisms expressed by people who embrace different convictions or
beliefs, it has a positive obligation to ensure that civil society, including human rights
defenders and political opponents, can carry out their legitimate work free in a safe and
enabling environment without fear of threats or acts of intimidation and harassment of any
sort.
377. In this regard, he reiterates his disagreement with the rationale behind the use of the
lèse-majesté legislation as a means to protect the rights and reputation of the King of
Thailand and the necessity to uphold national security and public order. He considers that it
does not comply with Thailand’s international human rights obligations, which include the
International Covenant on Civil and Political Rights. In that regard, he requests again
further information on the measures taken, in order to repeal or amend the lèse-majesté
laws and to bring domestic legislation into conformity with Thailand’s obligations under
international human rights instruments.
378. The Special Rapporteur wishes finally to refer to the joint report on the proper
management of assemblies he prepared with the Special Rapporteur on extrajudicial,
summary or arbitrary executions (A/HRC/31/66), which is highly relevant to the present
situation in Thailand.
Country visit
379. The Special Rapporteur reminds the Government of his pending requests to visit
Thailand, as indicated by his letter sent in September 2011 and October 2013. He trusts that
such a visit would allow him to examine first-hand issues related to his mandate, identify
good practices and formulate pertinent recommendations to relevant stakeholders. He looks
forward to receiving a positive reply at the earliest possible opportunity. He reiterates that
Human Rights Council resolution 15/21, which established his mandate, and 24/5, which
renewed it for an additional period of three years, both call upon States to consider
favourably his requests for visits.
Viet Nam
380. JUA 06/01/2015. Case no. VNM 3/2015. State reply: None. Alleged physical
assault, arrest and detention of human rights defenders.
Observations
Response to communication
381. The Special Rapporteur regrets that he has not yet received a response to his
communication sent during the reporting period, and reminds the Government of Viet Nam
that he considers responses to his communications as an important part of the cooperation
of governments with his mandate. He looks forward to receiving detailed responses to the
questions raised in these letters, at the earliest possible convenience, in conformity with
Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
382. The Special Rapporteur reiterates his serious concern about the physical assault of
Mr. Nguyen, Mr. Vu, Mr. Ly and Mr. Le by Vietnamese police officers, and that such
attacks appear to be increasingly used in the country as a means of intimidating human
rights defenders to discourage them to exercise peacefully their rights to freedoms of
expression and peaceful assembly to conduct their legitimate activities. He further reiterates
his concern about the arrest and detention of Mr. Nguyen, which appear to be in retaliation
for his cooperation with representatives of the European Union in the context of the annual
EU-Viet Nam human rights dialogue.
57
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