A/HRC/30/29
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.).
43.
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)). 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. 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, 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”.
IV. Conclusions and recommendations
44.
The present report shows that acts of intimidation and reprisal against
individuals and groups seeking to cooperate, cooperating or having cooperated with
the United Nations in the field of human rights continue. The types of acts reported
seem to have become more varied and severe over time, targeting not only the
individuals or groups concerned but also their families, legal representatives, nongovernmental organizations and anyone linked to them. This is a matter of grave
concern to me and to the United Nations system as a whole.
45.
Looking at the cases included in the present and in previous reports, a number
of recurring, though non-exhaustive, types of act may be identified. They encompass
threats and harassment by government officials, including through public statements,
media smear campaigns and police surveillance, but also forced closure of
organizations, including through the introduction of new legislation, physical attacks,
travel bans, arbitrary arrest, detention, including incommunicado and solitary
confinement, charges and sentencing, sometimes to lengthy prison terms, torture and
other cruel, inhuman or degrading treatment or punishment, including sexual
violence, denial of access to medical attention and, sadly, even death. Such acts not
only show a complete disregard for the functioning of the United Nations as a whole
but also highlight the fact that, despite repeated calls for action by States to end all
such violations, impunity continues to surround them.
46.
While it is the primary obligation of the State to protect those who cooperate
with the United Nations in the field of human rights and to ensure that they may do so
safely and without hindrance, the cases described in the present report suggest,
worryingly, that acts of intimidation and reprisal are often perpetrated by
government officials or representatives of the State.
47.
I reiterate that any act of intimidation or reprisal against individuals or groups
for their engagement with the United Nations, its mechanisms and representatives in
the field of human rights is completely unacceptable and must be halted, immediately
and unconditionally. Civil society representatives are indispensable partners for the
United Nations. Any act of intimidation or reprisal against them undermines the
effective functioning of the United Nations as a whole. We must therefore step up
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