A/HRC/34/54/Add.3
or indefinite solitary confinement may never constitute a legitimate instrument of the
State, as it causes severe mental and physical pain or suffering, a point which has been
reiterated in paragraph 28 of the General Assembly resolution 68/156, which states that
prolonged or indefinite solitary confinement runs afoul of the absolute prohibition of
torture and other cruel, inhuman or degrading treatment or punishment. The Rapporteur
also reminds the Government of Vietnam that the Committee against Torture and the
Human Rights Committee have consistently found that conditions of detention can
amount to inhuman and degrading treatment.
536. The Special Rapporteur strongly urges the Government of Vietnam to protect the
rights of Pastor Chinh, Mrs. Hong, and their children to be free from torture or cruel,
inhuman or degrading treatment and to take all necessary measures to investigate,
prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment
or punishment, as codified, inter alia, in the CAT. He further calls upon the State to
refrain from using any statements under torture in proceedings, in conformity with
article 15 of the CAT.
JUA 27/05/2016 Case No. VNM 4/2016 State Reply: None to Date Allegations
concerning the persecution, ill-treatment, and forced transfer to a prison camp of
Mr. Tran Huynh Duy Thuc, who is serving a 16-year prison sentence for
‘attempting to overthrow the People’s administration.’
537. The Special Rapporteur regrets that the Government of Vietnam has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
538. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, available via
the link above, and is therefore of the view that the Government of Vietnam, by failing
to protect the physical and psychological integrity of Mr. Tran Huynh Duy Thuc,
including by denying him the right to regular family visits and to consistently receive
correspondence; by transferring him from the Xuyen Moc prison camp to the Nghe An
prison camp in retaliation for his submitting complaints; and by handcuffing and
covering his mouth for 24 hours during the transfer, has violated his right to be free
from torture or cruel or degrading treatment as provided by Article 1, 2 and 16 of the
Convention against Torture (CAT).
539. The Rapporteur strongly urges the Government of Vietnam to protect the right of
Mr. Thuc to be free from torture or cruel, inhuman or degrading treatment, and to
conduct a fair and impartial investigation into the incidents alleged, to prosecute and
punish those responsible, and to provide Mr. Thuc with redress, in accordance with
articles 12 and 14 of the CAT.
JAL 10/08/2016 Case No. VNM 5/2016 State Reply: None to date Allegations
concerning excessive use of force against, and arbitrary arrest and detention of
seven peaceful protesters, including two children, for participation in peaceful
environmental demonstrations.
540. The Special Rapporteur regrets that the Government of Vietnam has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
541. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, available via
the link above, and is therefore of the view that the Government of Vietnam, by
arresting and subjecting Mr. Lau Nhat Phong, Mr. Huynh Anh Tu, Ms. Pham Thanh
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