E/CN.4/2006/5/Add.1
Page 96
459.
She was arrested in June 2004 along with a number of other members of the
Mennonite community, and was sentenced on 12 November 2004 to 12 months in
prison on charges of “resisting a person performing official duty”. These charges
reportedly arose from her collaboration with Reverend Nguyen Hong Quang (who
was the subject of a communication sent on 25 November 2004), General Secretary of
the Mennonite Church in Ho Chi Minh City and an activist, who defended land rights
cases of impoverished farmers. It was reported that during her imprisonment she was
beaten by prison guards, suffering particularly serious beating by a guard escorting
her to and from her trial.
460.
In view of the allegations of ill-treatment and denial of appropriate medical
treatment, concern was expressed for her physical and mental integrity.
Response from the Government dated 24 January 2005
461.
The Government indicated that the information and allegations provided to
the Special Rapporteur and contained in the Appeal with regard to Ms. Le Thi Hong
Lien were totally untrue. The Governme nt whished to reaffirm that in Vietnam, the
rights to freedom of religion or belief and freedom of non-religion or belief are clearly
enshrined in the Constitution and laws and are guaranteed in practice. No one shall be
arrested or detained merely for religious reasons. Only those who violate the law will
be punished in accordance with the laws. Torture and other forms of inhumane
treatment and punishments are forbidden. Article 71 of the 1992 Constitution
stipulates: “The citizen shall enjoy inviolability of the person and the protection of the
law with regard to his life, health, honor and dignity… It is strictly forbidden to use
all forms of harassment and coercion, torture, violation of his honor and dignity,
against a citizen”. The Penal Code of Vietnam has provisions on penalties for those
who infringe upon the above-mentioned rights (Chapter XII). Also, these are strictly
observed in practice.
462.
Ms. Le Thi Hong Lien was put on trial on 12 November 2004 by the
People’s Court of Ho Chi Minh City on charge of “assaulting on-duty public
officers”. The Court sentenced Ms. Le Thi Hong Lien to a year in prison (in
accordance with point 1, Article 257 of the Penal Code). Ms. Lien was serving her
prison sentence. Like others, she was entitled to the rights and conditions of inmates.
Her right to healthcare and medical treatment was ensured as well as her right to
physical and mental integrity.
Additional response from the Government dated 27 April 2005
463.
The Government indicated that, on the occasion of the 30th anniversary of the
day of 30 April, the President of Vietnam had signed a decision to grant special
amnesty for 7820 inmates, including Ms. Le Thi Hong Lien.
Urgent appeal sent on 14 April 2005
464.
The Special Rapporteur brought the two following cases to the attention of
the Government: