indicate that the author claimed to have been "organized" in the resistance movement and was apprehended for
hostile activities against the Government and put in a labour camp. After having escaped he allegedly again
joined the resistance, after which he was apprehended and tortured. However, the State party points out that
during the interview before the Swedish Immigration Board in May 1999, the author submitted that he was "the
founder" of the resistance movement which consisted of five members.
7.7
Apart from the above inconsistencies, the State party points out that the author himself has stated before
the Board that if the Vietnamese authorities had known anything about the resistance movement, the author
would have been executed. According to the State party, this clearly indicates that the movement was unknown
to the authorities. In addition, the State party submits that according to information from UNHCR and human
rights organisations in the area of Nha Trang, no armed resistance movement or any resistance group devoting
itself to putting up posters in the city has ever been heard of. It is also emphasized that the Vietnamese
authorities would not at present have an interest in punishing a person for writing and putting up antigovernmental posters about 15 years ago.
7.8
With reference to the author's escape from Viet Nam, the State party draws the attention of the
Committee to the fact that during the initial police interview, in 1991, the author did not mention that he had
fired at policemen in connection with his escape. Not until July 1998, in his petition to the Government, and
in subsequent interviews, did the author indicate that he had shot and killed one or several policemen. The
State party underlines that according to the author, there were a large number of people on the boat and the
escape, which took place from a big city, was tumultuous. In such circumstances, it would, according to the
State party, be surprising if the police were able to identify a perpetrator. Further, the State party draws the
attention of the Committee to the fact that the author has not asserted he is being sought by the police in
connection with the alleged killings and that there is no indication that the police have issued a warrant for his
arrest.
7.9
The State party also submits that the author has given inconsistent and contradictory information inter
alia regarding his family in Viet Nam and whether or not his wife was with him when he was hiding from the
authorities between 1985 and 1988.
7.10 With reference to the inconsistencies mentioned, the State party submits that all three interviews with
the author were conducted in the presence of a Vietnamese interpreter. The State party acknowledges that
during the last interview before the Board, held in June 1999, the author stated that the interpreter spoke a
different dialect and that there were certain things he had not understood, without specifying what. However,
the State party underlines that the interpreter had no difficulties understanding the author and that it has been
informed that speakers of different Vietnamese dialects can easily understand each other.
7.11 The State party submits that according to the Swedish Embassy in Hanoi, there is no indication that
the author is of any particular interest of the Vietnamese authorities today. No evidence has been brought
forward by the author to support the claim that he is wanted by the police following his escape from Viet Nam.
Reiterating its doubts as to the veracity of the author's claim, the State party submits that even if this
information were credible, it would not be sufficient to prompt the absolute protection provided for in article
3 of the Convention (see para. 6.9 above).
7.12 Finally, the State party refers to the case of another Vietnamese national, convicted of gross rape in the
same trial as the author and expelled to Viet Nam in April 1998 (see para. 6.10 above).
141
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents