E/CN.4/2006/5/Add.1
Page 100
Communication sent on 19 October 2005
483.
The Special Rapporteur brought to the attention of the Government the
situation of two Hoa Hao Buddhists, Tran Van Hoang , aged 47 and Tran Van
Thang, aged 36, who were arrested on 25 February 2005, at their home in Dinh
Thanh City, Thoai Son District, in the province of An Giang for the distribution of
compact discs and tapes containing Hoa Hao teachings. On 27 April 2005, Tran Van
Hoang was sentenced to nine months of imprisonment and fined 20 million
Vietnamese dongs, while Tran Van Thang was sentenced to six months of
imprisonment, and fined 10 million dongs.
484.
The Special Rapporteur requested the Government to indicate which offence
Tran Van Hoang and Tran Van Thang were convicted of and to provide information
on the law on which the conviction was based.
Response dated 6 January 2006
485.
The Government informed that Tran Van Hoang and Tran Van Thang
were arrested for illegally printing and copying CDs and tapes without a permit from
the relevant authority. The Government confirmed the sentences handed down to the
two and indicated that they had been convicted of “violating regulations on
publication and distribution of audio and video tapes and compact discs” under
Article 271 of the Criminal Code. The Government informed that the two have now
been released as they have severed their sentences.
Observations
486.
The Special Rapporteur thanks the Government for its replies but remains
concerned by the amount of reports that are transmitted to her disclosing alleged
violations or unlawful limitations on the right to freedom of religion or belief. She
reminds the Government that she would like to visit the country to analyze the
progress that has been made further to her predecessor’s visit and recommendations.
487.
She would also like to draw the Government’s attention to paragraph 6(d) of
the 1981 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief which provides that, “the right to freedom
of thought, conscience, religion or belief includes the freedom to write, issue and
disseminate relevant publications in these areas”. Furthermore, paragraph 4 of
General Comment 22 of the Human Rights Committee establishes that, “the practice
and teachings of religion or belief includes acts integral to the conduct by religious
groups of their basic affairs […] the freedom to establish seminaries or religious
schools and the freedom to prepare and distribute religious texts or publications.”