A/HRC/48/28
her calls to the police on the issue have gone unanswered. Ms. Thao has allegedly remained
under surveillance during the reporting period.
148. The case of Ms. Truong Thi Ha, a Vietnamese lawyer and human rights defender,
was included in the 2020 report of the Secretary-General266 on allegations of arbitrary arrest
and potential enforced disappearance in March 2020 following her cooperation with the
Special Rapporteur on the right to freedom of peaceful assembly and association and other
UN mechanisms (VNM 1/2020). In May 2020, the Government 267 responded indicating that
Ms. Truong was placed in mandatory COVID-19 quarantine when entering the country, and
asked to provide personal identity documents, contact tracing information, a health
declaration, and travel record.
149. On 15 May 2020, the Working Group on Enforced and Involuntary Disappearances
addressed Ms. Thi Ha Truong’s case under its urgent action procedure, to which the
Government responded on 26 May 2020 (A/HRC/WGEID 121/1, paras. 141–143).
According to information provided to OHCHR, on 28 September 2020, Ms. Truong received
her documents back from the Hanoi Public Security Department. However, her movements
continue to be regularly monitored by the police and she is required to report to the police
when she leaves her hometown for more than three days. Police reportedly also regularly
make calls to her relatives to enquire on her whereabouts.
150. The case of Mr. Pham Chi Dung, chairperson of the Independent Journalist
Association of Vietnam (IJAVN) and a human rights defender, was included in the 2020 and
2014 reports of the Secretary-General268 on allegations of travel restrictions that prevented
him from participating in an NGO side event in Geneva at the margins of the second cycle
of the UPR of Viet Nam (VNM 5/2014). In January 2020, special procedures mandate holders
addressed his November 2019 arrest and detention (VNM 5/2019269). On 17 September 2020,
mandate holders expressed concerns at allegations that neither Mr. Pham Chi Dung’s family
nor his lawyer have been allowed to meet or communicate with him since his arrest, and that
authorities had refused to accept the lawyer of his choosing (VNM 3/2020). On 28 December
2020, the Government responded stating that the allegations were not accurate, were mostly
drawn from unverified sources and did not reflect the nature of the cases. The Government
indicated that the arrest and detention of Mr. Pham Chi Dung and the search of his home
followed due process of criminal proceedings set forth in the law and provided information
on his rights to defence lawyers and family visits. 270
151. On 5 January 2021, Mr. Pham Chi Dung was sentenced to 15 years in prison and five
years on probation. The Spokesperson of the High Commissioner for Human Rights
expressed concerns at the lengthy pre-trial detention and severe sentence handed down on
crimes against national security. The Spokesperson also expressed concerns that individuals
who try to cooperate with the UN’s human rights bodies are subjected to intimidation and
reprisals, potentially inhibiting others from sharing information about human rights issues
with the UN.271 On 14 January 2021, mandate holders publicly addressed Pham Chi Dung’s
sentence as part of an increase in prosecutions, arbitrary detention, reprisals, ill-treatment and
unfair trials targeting independent journalists, bloggers, pro-democracy activists and human
rights defenders in Viet Nam.272
152. 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;
266
267
268
269
270
271
272
273
A/HRC/45/36, para. 123, Annex I, paras. 144-145.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35311.
A/HRC/45/36, Annex II, paras. 142-144; A/HRC/27/38, para. 40.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35202.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35828.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26644&LangID=E.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26661&LangID=E.
A/HRC/45/36, Annex II, paras. 145-148; A/HRC/42/30, Annex II, para 110; A/HRC/30/29, para. 42.
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