imprisonment. The author was also to be expelled from Sweden after having served his sentence. The author
was released from prison on 12 October 1998 and is at present awaiting expulsion to Viet Nam.
3.2
The author states that his father was a high ranking military officer in the South Vietnamese Army until
he was murdered by the Viet Cong in 1970. The author states that in 1975, when the North Vietnamese came
to power in Viet Nam, he was no longer allowed to continue his primary education as he was the son of a South
Vietnamese soldier. In his early twenties, the author, together with a small group of like-minded friends,
created a resistence movement to work against the Communist regime. Its activities consisted mainly in
producing and putting up anti-Government posters at night.
3.3
The author alleges that he was arrested and sent to a work camp, where he and many other children of
South Vietnamese military personnel had to clear minefields. According to the author, many were either killed
or injured. After one month, the author managed to escape and resumed his activities with the resistance, in
hiding.
3.4
In 1985, after one year in hiding, the author was again arrested. According to the author, he was
tortured during interrogation. The torture included beatings with rifles on his chest until he lost consciousness.
The author further alleges that rifle barrels were put into his mouth and that he was threatened with death. The
torture continued for several days, until the author was taken to hospital. Despite the fact that the author was
tied up with rope to his hospital bed, he managed to escape. The author's submission includes a medical
certificate dated 1 April 1999 from the Unit for War and Torture Injuries in Gothenburg, which states that the
author's account appears credible and that the author "with great probability has been subjected to cruel and
inhuman treatment and torture in his home country". Between September 1985 and August 1988, the author,
together with his wife, hid in the mountains.
3.5
In August 1988 the author, his wife, their child and other compatriots managed to leave Viet Nam by
boat. While still in Vietnamese territorial waters, they were intercepted by the military who attempted to
prevent them from leaving the country, which resulted in shots being fired on both sides. Many of the fugitives
were wounded. The author states that he believes that some of the soldiers were also wounded and probably
killed.
3.6
The author and his family eventually reached the Philippines on 25 August 1988 where they stayed in
a refugee camp. With the assistance of UNHCR, the author and his family were accepted as so-called quota
refugees by Sweden and received permanent residence permits in 1991.
3.7
In 1995, the Court of Appeal for Western Sweden sentenced the author to five years' imprisonment,
to be followed by permanent expulsion from Sweden. The author was released from prison on 12 October
1998. On 26 January 1999 the Swedish Minister of Justice, at the request of UNHCR, decided to stay the
execution of the expulsion order to allow UNHCR to pronounce on the compatibility of an expulsion with
article 33.2 of the 1951 Convention relating to the Statut of Refugees.
3.8
In order to support their individual submissions, both authors refer to the general human rights situation
in Viet Nam, noting that Amnesty International is not allowed to work in Viet Nam and that it is therefore
difficult to establish clear evidence of the extent to which torture is being used in the country. However, the
view of Amnesty International is that torture by the police during detention and in prisons is common.
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