E/CN.4/2006/5/Add.1
Page 94
Viet Nam
Communication sent on 25 November 2004 jointly with the Special
Representative of the Secretary-General on the situation of human rights
defenders
448.
The mandate holders had received information related to the Mennonite
Church, concerning in particular Reverend Nguyen Hong Quang, General Secretary
of the Mennonite Church in Ho Chi Minh City and an activist who defended land
rights cases of impoverished farmers, who has already been the subject of an urgent
appeal by the Special Representative of the Secretary General on the situation of
Human Rights Defenders and the Working Group on Arbitrary Detention on 7
September 2004 and an allegation of the Special Rapporteur on Freedom of Religion
on 10 November 2004 (See E/CN.4/2005/61/Add.1, at paragraphs 366 to 370).
449.
According to new information received, Nguyen Hong Quang, after a trial
that took only four hours and was marred by some procedural shortcomings, was
convicted to three years of imprisonment on 12 November 2004 by the people’s court
of Ho Chi Minh City in connection with his religious convictions and related activities
for “resisting persons doing official duty”. It was also reported that several of his
collaborators, Pham Ngoc Thach, Le Thi Hong Lien, Nguyen Van Phuong, Nguyen
Huu Nghia, Nguyen Thanh Nhan received sentences of between 9 and 36 months for
the same offense.
Response from the Government dated 6 December 2004
450.
The Government indicated that the information and allegations were false. 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
violators of the law will be punished in accordance with the laws.
451.
According to the Government’s response, on 25 July 2002, the People’s
Committee of Binh Khanh Commune, District 2, Ho Chi Minh City took
administrative measures against Nguyen Hong Quang as he breached local
construction management regulations by illegally building on public property for his
personal benefit. Thus, on 8 July 2003, the People’s Committee of District 2 issued an
order of administrative enforcement to compel Quang to dismantle his non-permitted
building. Quang blatantly refused to comply wit h the order.
452.
During the South East Asia Games 22 (SEAGAMES 22) organized in
Vietnam from 5 to 14 December 2003, Quang, together with friends and collaborators
in Ho Chi Minh City, with money received from Pastor Phan Minh Hoi (an overseas
Vietnamese now living in the USA) illegally printed and disseminated publications
using the logo of the SEAGAMES 22, breaching the trademark and patent rules and
regulations of Vietnam. When detected and duly intervened by the police, Quang
instigated his followers to cause public unrest in front of the police station of Nguyen
Thai Binh Commune, District 1, Ho Chi Minh City.