A/HRC/51/47
which included a number of cases that she represented (VEN 9/2021). Those cases are linked
to alleged violations by the General Directorate of Military Counterintelligence (DGCIM)
and the Bolivarian Intelligence Service (SEBIN). Ms. Malavé is a human rights lawyer and
director and founding member of the organization “Justicia y Proceso Venezuela”
(JUYPROVEN). While Ms. Malavé had reportedly received threats and harassment in the
past, mandate holders expressed concern that these increased following the release and
presentation of the 2021 report of the Fact-Finding Mission. After the presentation of the
report of the Fact-Finding Mission, Ms. Malavé reportedly suffered intensified harassment
by officials from the First Special Court of First Instance in Trial Functions with National
Jurisdiction in Terrorism, where she acts as legal defence in several high-profile cases, as
well as physical surveillance and intimidation at her residence by DGCIM officials. Due to
this situation, part of Ms. Malavé’s family relocated outside of the country (VEN 9/2021).
77.
According to information received by OHCHR, on 10 March 2022, Ms. Karen
Caruci, human rights lawyer who had reportedly been subjected to arbitrary detention and
torture or ill-treatment in December 2020 (VEN 7/2021), was re-arrested in relation to her
exposure on social media of corruption in the Lara state branch of the Attorney General
Office. Reportedly, Ms. Caruci was questioned about her engagement with the UN and asked
whether she was remunerated by the UN for sharing information on human rights violations.
Ms. Caruci represents alleged victims of torture, cruel, inhuman and/or degrading treatment
presumably perpetrated by State security agents. In April 2021, a first-instance criminal court
granted Ms. Caruci national protection measures. On 11 March 2022, a judge from the
Caracas-based Third Special Court of First Instance on Terrorism reportedly confirmed the
charge of incitement to hatred against Ms. Caruci, and she was conditionally released the
same day, pending investigation. OHCHR is monitoring the case and in contact with relevant
authorities.
21.
Viet Nam
78.
Multiple UN actors, including the High Commissioner for Human Rights, 51 her
Spokesperson52 and mandate holders continued to address the criminalization, detention, and
severe sentencing of human rights defenders, including on vague anti-State propaganda
charges, which is aggravated when there is cooperation with the UN (VNM 4/2021). 53
Special procedures mandate holders raised the issue of amendments to the NGO regulatory
framework imposing unreasonably burdensome requirements and restrictions, including
prior approval for the organization of human rights international conferences and seminars,
whether in-person or online (VNM 7/2021). The Government responded54 noting that the
amendments are not meant to limit but to ensure transparent and effective operations,
especially in financial matters, and that they do not prohibit or limit conferences and seminars
but stipulate the process of applying for permission to organize international conferences and
seminars.
79.
During the period, mandate holders pointed to an environment of fear based on
allegations that acts of intimidation and reprisals followed after victims shared their
testimonies with, and availed themselves of, procedures established under the auspices of the
UN for the protection of human rights, in particular Special Procedures of the Human Rights
Council (VNM 3/2022). Mandate holders noted that such cases do not only aim to silence
specific individuals or groups but contribute to a climate of self-censorship inhibiting others
from engaging with and reporting to the United Nations (VNM 6/2021). Names and details
of all individuals and groups concerned during the period cannot be disclosed for fear of
further reprisals.
80.
On 26 April 2022, mandate holders addressed allegations of intimidation and threats
for cooperation with the UN against Ms. H’Thai Ayun and other women, victims of
trafficking, some of whom were repatriated from the Kingdom of Saudi Arabia to Viet Nam,
51
52
53
54
32
https://www.ohchr.org/en/speeches/2022/03/global-update-bachelet-urges-inclusion-combat-sharplyescalating-misery-and-fear.
https://www.ohchr.org/en/press-briefing-notes/2021/12/press-briefing-notes-viet-nam.
A/HRC/48/28 paras. 129–133, Annex I paras. 123–129, Annex II paras. 147–154.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36915.