A/HRC/45/36 Geneva in February 2014 to participate in a side event on the second cycle of the UPR of Viet Nam (VNM 5/2014).94 143. On 22 January 2020, special procedures mandate holders addressed the reported detention of Mr. Pham Chi Dung (VNM 5/2019) after he publicly expressed human rights concerns, following the visit of a November 2019 European Parliament Committee on Trade (INTA) delegation to Viet Nam. On 21 November 2019, Mr. Pham Chi Dung was reportedly arrested and brought to his house, where a search was conducted. Police reportedly forced him to log onto his computer and print documents that could be related to his advocacy. Mr. Pham Chi Dung was reportedly held under Article 117 of the Vietnamese Penal Code related to “making, storing or disseminating information, documents, materials and items against the Socialist Republic of Viet Nam,” a crime carrying between 10–20 years imprisonment. 144. On 18 March 2020, the Government stated that the allegations were inaccurate, mostly drawn from unsubstantiated information and did not reflect the nature of the case. The Government provided information regarding Mr. Pham Chi Dung’s detention, including the legal basis for his arrest, his right to legal counsel and family visits, as well as his conditions of detention.95 145. 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; 11/201497; 8/201698; 6/201799; 4/2018100). 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. 146. 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. 147. On 13 July 2020, the Government responded in detail to the note verbale in connection to the present report. It refuted the allegations pertaining to Mr. Pham Chi Dung, noting that in August 2019, the police started an initial investigation on his activities to create, store and distribute information, documents and materials against the State. The Government stated that on 18 November 2019, the police filed criminal charges, issued a temporary detention warrant and a search warrant against him, according to Article 117 of the Penal Code, and his arrest, detention and the search of his home observed due process of criminal proceedings. 148. 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, 94 95 96 97 98 99 100 https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=31514. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35202. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32016. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32686. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33363. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33851. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34355. 79