A/HRC/42/30
28.
Venezuela (Bolivarian Republic of)
109. The case of judge Ms. Maria Lourdes Afiuni was included in multiple reports of the
Secretary-General since 2010 (A/HRC/14/19, paras 45–47; A/HRC/27/38, para. 46;
A/HRC/30/29, para. 7; A/HRC/33/19, para. 45). On 23 March 2019, the Special Rapporteur
on the independence of judges and lawyers issued a statement164 on the ruling of the court
in Caracas sentencing Judge Afiuni to five years imprisonment for corruption, which he
noted with grave concern was another act of reprisal against her. Ms. Afiuni had been
arrested and imprisoned in 2009 for deciding on the conditional release of businessman Mr.
Eligio Cedeño in accordance with a decision of the UN Working Group on Arbitrary
Detention (No. 10/2009). While in detention, she was reportedly subject to ill-treatment that
could amount to torture, and refused medical treatment. Ms. Afiuni was held in prison for
14 months. In 2011, she was granted house arrest for health reasons, and two years later
released under the conditions of not leaving the country or using social media. On 5 July
2019 it was noted by the High Commissioner for Human Rights that Ms. Afiuni was
provided a conditional release.165 Her release was conditional based on one of the measures
of her sentence and she is reportedly still at risk of being detained.
29.
Viet Nam
110. The case of Mr. Nguyen Bac Truyen was included in the 2016 report of the
Secretary-General (A/HRC/30/29, para. 42) due to his arrest, incommunicado detention and
charges, allegedly in reprisals for his support to the 2014 visit of the Special Rapporteur on
freedom of religion and belief to the country. Mr. Nguyen Bac Truyen has been the subject
of several special procedures communications (VNM 4/2014; VNM 11/2014; VNM 8/2016;
VNM 6/2017). He is currently serving an 11-year sentence at An Diem Prison, Quang Nam
province, 1,600 kilometers away from his hometown. The Government has responded to
allegations in June 2014, March 2015, January 2017, and January 2018. Mr. Nguyen Bac
Truyen reportedly submitted a petition on 11 February 2019 requesting to be transferred to
a prison near Ho Chi Minh City to allow for visits by his family and lawyer, and on 12
March 2019 his request was denied. He was also reportedly denied access to letters of
support from international organizations. A member State requested the immediate release
of Mr. Truyen in the context of the UPR of Vietnam in January 2019 (A/HRC/41/7, para.
38.145).
111. Special procedures mandate holders expressed grave concern about surveillance,
intimidation and travel bans against rights defenders and some members of the independent
religious communities for their cooperation with the Special Rapporteur on freedom of
religion of belief during his visit to Viet Nam in July 2014 (VNM 11/2014). Despite
concerns raised during and after the visit,166 individuals and groups reportedly continue to
face severe restrictions in sharing information and meeting with United Nations experts and
staff members.
112. A number of representatives of civil society, human rights defenders and religious
organizations reportedly faced acts of reprisals after attending the NGO-organized August
2018 Southeast Asia Conference on Freedom of Religion or Belief in Bangkok, which
included engagement with the United Nations Special Rapporteur on freedom of religion of
belief. Of the 28 advocates invited from Viet Nam, two received police warnings against
attending the conference, five were prevented from leaving Vietnam at border checkpoints
or at the airport, two were detained and interrogated at the airport and their passports and
cell phones were confiscated, and eight participants were summoned to the police station or
164
165
166
66
OHCHR, “Venezuela: UN expert condemns further sentence against Judge Afiuni, says clearly act of
reprisal,” (23 March 2019).
OHCHR, Michelle Bachelet – Media Stakeout: Following Interactive Dialogue on Venezuela
(Geneva, 5 July 2019): http://webtv.un.org/media/media-stakeouts/watch/michelle-bachelet-ohchrmedia-stakeout-following-interactive-dialogue-on-venezuela-geneva-5-july-2019/6055807284001.
OHCHR, “Autonomy of religious communities, a crucial test for the development of religious
freedom in Viet Nam,” (31 July 2014).