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.”

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