A/HRC/25/60/Add.2
184. The Special Rapporteur appreciates the reply of the Government of Viet Nam, dated
11 October 2013, to this communication in reference to the alleged arbitrary detention and
torture of Mr. Nguyen Van Hai, also known as Dieu Cay, and Mr. Cu Huy Ha Vu and the
alleged ill-treatment of Mr. Nguyen Xuan Nghia. Mr. Nguyen Van Hai was the subject of
previous communications; on 15 August 2011, a communication was sent to the
Government of Viet Nam regarding Mr. Nguyen Van Hai’s poor prison conditions, alleged
hard labour and torture. The previous communication alleged that Mr. Nguyen Van Hai lost
an arm in prison, was being tortured, and arbitrarily detained for exercising his right of
freedom of expression. The Government of Viet Nam replied in a letter dated 12 January
2012 that the proceedings against Mr. Nguyen Van Hai were carried out in compliance with
Vietnamese laws and international standards and that allegations regarding torture were not
true. On 18 October 2010, upon completion of a previous sentence, Mr. Nguyen Van Hai
was charged with conducting propaganda against the Socialist Republic of Viet Nam and
held incommunicado for several months. Reportedly, in September 2012, Mr. Nguyen Van
Hai was sentenced to 12 years imprisonment and five years probation. In June 2013, Mr.
Nguyen Van Hai was placed in solitary confinement. Reportedly Mr. Nguyen Van Hai had
conducted multiple hunger-strikes in response to the conditions of his confinement. It was
reported that Mr. Nguyen Van Hai’s health suffers as a result of a prolonged hunger strike,
and the location of his detention is so remote that he would not have access to urgent
medical treatment if necessary. It was further alleged that Mr. Nguyen Xuan Nghia is in
poor health and is suffering from a number of ailments that may be exacerbated by prison
conditions; also that Mr. Nguyen Van Hai’s family learned of his hunger strike, solitary
confinement, and inadequate medical care because Mr. Nguyen Xuan Nghia yelled out to
his wife, who then informed the family of Mr. Nguyen Van Hai. It was reported that prison
guards subsequently beat Mr. Nguyen Xuan Nghia brutally to make him stop speaking.
Additionally, Mr. Cu Huy Ha Vu was reported to be in deteriorating health due to his
hunger strike and the poor conditions of detention and that Mr. Cu Huy Ha Vu feels
seriously threatened by one prison guard who is allegedly trying to kill him without the
prison authorities granting him protection. In its reply, the Government of Viet Nam stated
that Mr. Hai, Mr. Vu and Mr. Nghia have not been tortured and enjoy “meal portions,
relatives’ visits and medical cares, as stipulated by current laws of Viet Nam,” as well as a
health check every three months. The reply further stated that the report that Mr. Nguyen
Van Hai went on a hunger strike was incorrect, and that information regarding Mr. Nguyen
Van Hai being placed in solitary confinement was untrue. The reply further stated that Mr.
Nguyn Xuan Nghia’s health is normal. The Government stated that Mr. Cu Huy Ha Vu’s
health has not suffered as a result of his hunger strike and that the clinic sees Mr. Vu daily
for his blood pressure. Additionally, the Government claimed that the arrest and trial of all
three individuals was in strict compliance with Vietnamese laws and international norms
and human rights practices. The Special Rapporteur regrets that the Government did not
provide sufficient documentation of the investigation into the allegations of torture and illtreatment in connection to Mr. Nguyen Van Hai, Mr. Cu Huy Ha Vu, and Mr. Nguyen
Xuan Nghia. The Government’s reply does not explain the Court’s findings nor the
measures taken to impartially and independently investigate the allegations of torture and
ill-treatment. The Special Rapporteur urges the Government to take persistent, determined
and effective measures to have all allegations of torture or other cruel, inhuman or
degrading treatment or punishment investigated promptly, effectively and impartially by an
independent, competent domestic authority, as well as whenever there is reasonable ground
to believe that such an act has been committed; to hold persons who encourage, order,
tolerate or perpetrate such acts responsible, to have them brought to justice and punished in
a manner commensurate with the gravity of the offence, including the officials in charge of
the place of detention where the prohibited act is found to have been committed according
to paragraph 7b of the Human Rights Council Resolution 16/23.
135
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