CAT/C/VNM/CO/1
(g)
Collect and provide to the Committee comprehensive statistical
information at the national level on the number of deaths in custody, disaggregated by
place of deprivation of liberty, sex, age, ethnicity or nationality of the deceased and
the cause of death, and on the outcomes of investigations of such deaths during the
period under review, including any redress provided to relatives.
Disproportionate detention of members of religious and ethnic communities
22.
The Committee is concerned:
(a)
At the reported disproportionate number of detentions and the high number
of deaths in custody of members of ethnic and religious minorities, in particular those living
in remote areas of the country, as a result of torture and ill-treatment in police stations and
other places of deprivation of liberty;
(b)
At the treatment of persons associated with minority religious or ethnic
communities and their subsequent suspicious deaths in custody, including:
(i)
Nguyen Huu Tan, a Buddhist who was detained and whom the police alleged
had committed suicide while in custody. No independent investigation of the death
was carried out and the detainee’s family was subjected to reprisals from the local
police after complaining to the authorities;
(ii)
Ma Seo Sung, a Hmong Christian who was arrested and detained by the
police and allegedly committed suicide by hanging and whose family also received
threats of reprisals;
(iii) Pastor Ksor Xiem of the Montagnard Evangelical Church, who died of
injuries sustained in police custody;
(iv) Y Ku Knul, a Montagnard Christian who died while under arrest and whose
body showed signs of electric shocks;
(c)
About the situation of the leaders of the Unified Buddhist Church of Viet
Nam, such as Thich Quang Do, who is allegedly under house arrest in a monastery (arts. 1,
2, 11–14 and 16).
23.
The State party should:
(a)
Ensure that the treatment of members of religious and ethnic
communities by public officials or other persons acting in an official capacity is not
based on discrimination of any kind in contravention of the Convention;
(b)
Ensure that all alleged cases of torture and ill-treatment by law
enforcement officials, deaths in custody and complaints of excessive use of force are
promptly, effectively and impartially investigated, that alleged perpetrators are
immediately suspended from duty for the duration of the investigation, particularly
when there is a risk that they might otherwise be in a position to repeat the alleged
acts, and that, if found guilty, the perpetrators are punished with sentences
commensurate with the gravity of their crime;
(c)
Elucidate the deaths in police custody of the Buddhist Nguyen Huu Tan,
the Hmong Christian Ma Seo Sung, pastor Ksor Xiem of the Montagnard Evangelical
Church and the Montagnard Christian Y Ku Knul and inform the Committee about
the outcome;
(d)
Provide updated information regarding the situation of Thich Quang Do,
a leader of the Unified Buddhist Church of Viet Nam.
Pretrial detention
24.
The Committee is concerned about the frequent and prolonged use of pretrial
detention. It is also concerned that while the time limit for temporary pretrial detention of
suspects for investigation is not to exceed two months, three months and four months for,
respectively, less serious, serious, and very serious and extremely serious offences, these
periods can be extended and suspects held in pretrial detention, in particular those accused
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