E/CN.4/1995/31/Add.4
page 14
Furthermore, the Working Group was not authorized to consult the committal
records on the grounds of "defence confidentiality", although it finally
proposed consulting the records simply to determine the number of prisoners
present, without noting the names. In one of the camps visited (A-20), the
Working Group had the impression, for example, that there might be some
disparity between the number of prisoners who could be accommodated and the
estimate of the actual number of inmates. However, it was not possible to
enter the detention premises (which are collective and do not contain cells)
when the prisoners were present, because persons who were not members of the
prison staff were not permitted access to them. Consequently, the
Working Group was unable to ascertain whether any transfers had taken place.
44.
This lack of transparency is doubly detrimental. Firstly, it can lead to
errors in that the only way of proceeding is by extrapolation, deduction and
cross-checks (see, in annex 1, the list - necessarily approximate - of the
various places of detention drawn up by the Working Group on the basis of data
provided by the Centre for Human Rights). Secondly, it can lead to the
impression that the authorities concerned have something to hide.
45.
The Vietnamese authorities having acquiesced to the visit of the Working
Group, the Group hoped that the spirit of cooperation with which the
Government had welcomed it would have percolated down to the lower echelons of
the prison bureaucracy who were ultimately responsible for the detailed
management of the visits. The Working Group believes that the difficulties
encountered by it, as the visit progressed, were not the result of a
deliberate posture on the part of the authorities but could be attributed to
both lack of experience and the absence of effective communication between
bureaucratic levels. Whereas in camp A-5 access to the prisoners was
relatively easy, the Group encountered some difficulties in camps A-20
and Z-30. Hesitation on the part of the local authorities to admit the
presence at Camp A-5 of prisoners convicted for having committed offences
against the State was unnecessary on account of the inevitable discovery of
their existence at the time of conducting interviews. The authorities
admitted to their existence in the Group’s subsequent visits to camp A-20 and
camp Z-30. The Group noted that the prison authorities unnecessarily withheld
information on the number of persons serving sentences in the prisons and the
categories to which they belonged, since such details would have enabled the
Group better to appreciate and understand the prevalent situation. The long
distances required to be covered by road, together with the wariness with
which prison officials approached a "first visit", added to the difficulties.
The authorities were not even willing to inform the Group of the number of
prisoners by referring to their own registers and were both cautious and
circumspect about allowing the Group to have free access to the prisoners
after they returned from the fields in the evening. The necessary atmosphere
of transparency essential to make such visits entirely satisfactory was
lacking. Yet the Group was able, despite obvious handicaps, to interview
prisoners of its choice, in many instances without the presence of a
government representative. The Group noted that at camp Z-30, the last
visited, the authorities highlighted the positive aspects of prison life.
46.
The reality described above does not take away from the historic
significance of the visit, the importance of which lies in the willingness of
the Vietnamese people to look at themselves through the eyes of others. This
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