Nguyen Bac Truyen

Cases
Location of case in SG report
2015-041-010
Relevant SG report
Year of the report
2015
Country Geolocation

Latitude: 14.058324

Longitude: 108.277199

Country Geolocation (linked Cases)
Vietnam
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Dates of prior UN action
25 November 2014; 30 January 2015; 10 March 2015
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

had been expelled from their house

Type of rights defended
  • Economic/social rights
  • Religious freedom
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

who met with the Special Rapporteur in Ho Chi Minh City on 25 July 2014

Engagement with UN body
  • UN Special Procedures: thematic
Dates of engagement
25 July 2014
Type of attempted engagement
  • Meeting with UN officials during country visit / with locally present UN officials
Dates of mentioned reprisals
28 August 2014
Location of mentioned reprisals
Dong Thap Province; Ho Chi Minh City
Reprisal information

were reportedly followed and threatened by the police while travelling to meet the Special Rapporteur at their house in Dong Thap Province, to which they had not been able to return since February 2014 when they were expelled. The area near their house was however surrounded by police officers and they were unable to meet the Special Rapporteur. On 28 August, Mr. Truyen was reportedly hit by a motorcycle in front of his temporary place of residence in Ho Chi Minh City and seriously injured. While the perpetrator was identified as one of the security agents who had been monitoring Mr. Nguyen and his wife, allegedly no investigation was conducted. Subsequently, on 5 November, three individuals reportedly set up a table at the doorstep of the residence of Mr. Nguyen and his family, blocking its entrance. Only when an official from the General Consulate of France, who had been called for assistance, arrived and took photographs did the three individuals leave. The next morning, two neighbourhood guards from the police unit armed with batons were stationed in front of the residence (ibid.).

Types of reprisals suffered
  • Access denied to UN expert/representative
  • Physical attack: Physical attack - General
  • Surveillance
  • Threats/Intimidations (incl. "fear of reprisal")
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Further case development

Only when an official from the General Consulate of France, who had been called for assistance, arrived and took photographs did the three individuals leave. The next morning, two neighbourhood guards from the police unit armed with batons were stationed in front of the residence (ibid.).

In his oral statement to the Human Rights Council at its twenty-eighth session, on 10 March 2015, the Special Rapporteur emphasized that the acts of reprisal committed during his visit were a blatant violation of the terms of reference of the visit;  In his mission report, the Special Rapporteur expressed his deep concern and outrage at these reports and reiterated his request to the Government of Viet Nam to reconfirm its guarantee that none of the individuals with whom he met or intended to meet would be subjected to any form of reprisal (A/HRC/28/66/Add.2, paras. 4, 83 (s) and 84 (c)).

Government response dates
10 March 2015; 16 March 2015
Government response content

to which the delegate of Viet Nam responded that there had been “no such harassment, threat nor reprisal against the persons who met with the SR as the SR just mentioned. We deeply regret this inaccurate misleading information, and probably misunderstandings”; In its response of 16 March 2015, to the joint communication (see A/HRC/29/50, case VNM 11/2014) and in its comments on the mission report (A/HRC/28/66/Add.4), the Government affirmed that it had cooperated fully with the Special Rapporteur during his visit and that the allegations had been fabricated, ill-intended and sought to “distort and tarnish” the situation of human rights in Viet Nam.

Which State raised the case at the UN and when?

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). [see 2019 follow-up]

Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
3
In which SG report was this case followed up on? 0
2019
Follow up information provided in SG report 0

  1. 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).

  2. On 26 June 2019, the Government responded to the allegations. Regarding the situation of Mr. Nguyen Bac Truyen, the Government indicated that Mr. Truyen has participated in establishing an organization aimed at overthrowing the Government and his conviction was because he broke the law, not because of reprisals after the 2014 visit of the Special Rapporteur. The Government indicated that Mr. Truyen is currently detained in An Dien prison, his health is normal and he has access to healthcare, family visits and letters. The reply informs that his request for transfer could not be considered.

Followup Trends 0
Deterioration/further reprisals
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN Human Rights Council: Universal Periodic Review (UPR)
In which SG report was this case followed up on? 1
2020
Follow up information provided in SG report 1
  1. The case of Mr. Nguyen Bac Truyen, was included in the 2019 and 2016 reports of the Secretary-General (A/HRC/42/30, Annex II, para 110; A/HRC/30/29, para. 42) on allegations of arrest and detention following the 2014 visit of the Special Rapporteur on freedom of religion and belief to the country (VNM 4/2014 96 ; 11/2014 97 ; 8/2016 98 ; 6/2017 99 ; 4/2018 100 ). On 26 June 2019, the Government provided information to OHCHR that Mr. Nguyen Bac Truyen has participated in establishing an organization aimed at overthrowing the Government, and his conviction was because he broke the law, not because of reprisals after the 2014 visit of the Special Rapporteur. The Government indicated that Mr. Truyen was detained in An Dien prison, his health was normal and he had access to healthcare, family visits and letters. The Government stated that his request for a transfer could not be considered.
  2. According to information received by OHCHR in May 2020, Mr. Nguyen Bac Truyen continues to serve an 11-year sentence for “activities attempting to overthrow the State”, 1,600 kilometres away from his hometown where visits by relatives and legal counsel remain severely limited. Multiple requests to be transferred to Ho Chi Minh City have been denied. Since his arrest in July 2017, Mr. Nguyen Bac Truyen has reportedly not had a proper medical examination, faces restrictions of food and medical supplies, and his health condition has deteriorated. A petition of 18 January 2020 to the Board of Supervisors at An Diem prison requesting a medical check reportedly remains unanswered.
  3. On 13 July 2020, the Government responded in detail to the note verbale in connection to the present report. [...]
  4. Concerning the situation of Mr. Nguyen Bac Truyen, the Government refuted the claims that he has not had a proper medical examination, faces restriction of food and medical supplies, his health condition has deteriorated, and lacks family visits. In February 2020, representatives from the EU Delegation visited Mr. Truyen to enquire about his health and condition in prison. The Government stated as of February 2020, due to the COVID-19 pandemic, detention centers, including that of Mr. Truyen, denied family visits, but prisoners were still able to receive monthly packages from their families. They noted the restrictions have since been lifted.
Followup Trends 1
Deterioration/further reprisals
Did the government respond? 1
Yes
In which SG report was this case followed up on? 2
2021
Follow up information provided in SG report 2
  1. The case of Mr. Nguyen Bac Truyen, was included in the 2020, 2019 and 2016 reports of the Secretary-General273 on allegations of arrest, detention, and an 11-year sentence for “activities attempting to overthrow the State” following the 2014 visit of the Special Rapporteur on freedom of religion and belief to the country (VNM 4/2014; 11/2014; 8/2016;153. According to information provided to OHCHR, Mr. Truyen continues to serve his 11- year prison sentence in An Dien prison 1,600 km away from his hometown despite repeated requests to be transferred closer to his home, including during the reporting period. From 20 November to mid-December 2020, Mr. Truyen’s went on a hunger strike to protest his detention conditions, including lack of access to medical care and confiscation of letters to his family. During the reporting period, his wife, Ms. Bui Thi Kim Phoung (see Annex I), and other relatives have reportedly been subject to increased surveillance, harassment, and pressure by the police.
  2. On 12 August 2021, the Government responded to the note verbale sent in connection to the present report. Regarding allegations that Ms. Thao and Ms. Ha were under surveillance or regularly monitored by the police, the Government indicated that they are inaccurate and reiterated its position of promoting the right of freedom of movement of its people. Regarding the case of Mr. Nguyen Bac Truyen, the Government rejected the allegations as fabricated and distorted information and denied that he was prosecuted due to his human rights activities. The Government informed that Mr. Truyen is now serving his sentence in An Diem prison, Quang Nam province, in normal health conditions and has access to healthcare, medical examination, food, and clothes. On the claim that Mr. Truyen went on a hunger strike, the Government stated that it is inaccurate, indicating that he refuses food from the detention facility and receives and consumes food from his family.
Followup Trends 2
Deterioration/further reprisals
Did the government respond? 2
Yes