A/HRC/48/28
OHCHR, on 15 April 2020, Mr. Nguyen Tuong Thuy was transferred to An Phuoc prison,
where detention conditions are reportedly better and his relatives were allowed to visit him
for the first time since May 2020. Reportedly, Mr. Nguyen Tuong Thuy’s physical and mental
health seriously deteriorated during the first few months of 2021.
126. According to information received by OHCHR, five women who are wives of
prisoners of conscience were also expected to join the 7 March 2018 meeting with an
OHCHR delegation at the UN Representative’s Office in Hanoi. However, on the day of the
meeting, State security agents closely guarded Ms. Vu Minh Khanh, the wife of Mr. Nguyen
Van Dai, and reportedly forbade her from leaving her house. Ms. Nguyen Thi Huyen Trang,
wife of Mr. Pham van Troi, and Ms. Nguyen Thi Kim Thanh, wife of Mr. Truong Minh
Duc, were reportedly stopped by security agents when trying to get to the meeting venue and
escorted back to the place where they were staying. Ms. Nguyen Thi Lanh, Mr. Nguyen
Trung Ton’s wife, and Ms. Bui Thi Kim Phuong, the wife of Mr. Nguyen Bac Truyen (see
Annex II), arrived at the UN office, but detected a large presence of plainclothes state agents
surrounding the building. Ms. Bui Thi Kim Phuong was questioned by the police at the gate.
Both were eventually able to enter UN premises and escorted on their way out for safety
reasons. The incidents were addressed with the authorities at the time but not publicly
reported for fear of further retribution.
127. On 3 May 2020, special procedures mandate holders addressed concerns regarding
the cyber-attack targeting the NGO Vietnamese Overseas Initiative for Conscience
Empowerment (VOICE) following increased cooperation with the UN during the reporting
period. VOICE works outside the country advocating for human rights, promoting civic
space, and helping Vietnamese refugees and asylum seekers resettle in third countries (VNM
2/2021). The mandate holders noted alleged credible evidence that VOICE may have been
targeted with a cyber-attack due to cooperation with the UN, including working closely and
visibly with OHCHR and submitting information and reports to the treaty bodies, special
procedures, and the UPR (VNM 2/2021). On 29 April 2020, VOICE received an email
containing spyware that, once downloaded, would have allowed full access to the systems of
the compromised devices. VOICE also received an alert that some passwords for email
accounts associated with the organization could have been stolen. This was one of a number
of reportedly organized and sophisticated cyber-attacks targeting Vietnamese human rights
defenders allegedly conducted by Ocean Lotus (also known as APT32), a hacking company
with a link reportedly to the Vietnamese Government and known for targeting dissidents,
foreign governments and companies (VNM 2/2021).
128. On 12 August 2021, the Government responded to the note verbale sent in connection
to the present report, stating that the allegations that several individuals were prevented from
meeting with the UN representatives were unfounded and untrue, and Vietnamese law
enforcement did not prevent or harass those who intended to participate in the meeting. The
competent authorities did not receive any reports or complaints related to the mentioned
incident.
129. Concerning the cases of Mr. Pham Chi Dung and Mr. Nguyen Tuong Thuy, the
Government stated that they were prosecuted due to their activities which violated
Vietnamese law, not for the exercise of their fundamental freedoms. It stated that the legal
proceedings were carried out on sound legal grounds and with full respect for Vietnamese
law that is consistent with international conventions to which Viet Nam is a party. Mr. Thuy
is currently serving his sentence in An Phuoc, Binh Duong province, in normal health
conditions and has access to healthcare, medical examination, food, and clothes. Regarding
allegations that the Government of Viet Nam has a link with the organization named “Ocean
Lotus”, the Government contends that they are incorrect and groundless.
32.
Yemen
130. In September 2020, the Group of Eminent International and Regional Experts on
Yemen (GEE) expressed regret that, for a second year, it was not able to access Yemen
(A/HRC/45/6 paras. 7–8). The GEE also expressed continued “concern over the climate of
fear in Yemen, which deters victims, witnesses and organizations from engaging with their
46