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page 8
interests and to preserve the socialist legal order against any criminal
acts, while educating the people to observe the laws in order to combat
and prevent crime.”
26.
Chapter 1 on “national security” provides for heavy penalties (life
prison terms, death penalty) for particularly vaguely worded offences
(art. 73. Activities aimed at overturning the power of the people:
any person carrying out activities or founding or participating in an
organization with the intention of overturning the power of the people;
art. 74. Espionage: provision of information and documents bearing no
relation to State secrets to a foreign Power; art. 81. Attempt to undermine
national unity: promoting division between religious believers and
non-believers; art. 82. Propaganda against the socialist system) for wrongful
acts under international law and for the legitimate exercise of rights and
freedoms recognized by the Constitution of Viet Nam and international human
rights standards.
27.
In this connection, it should be recalled that in the report on its
mission to Viet Nam (E/CN.4/1995/31/Add.4 of 18 January 1995), the Working
Group on Arbitrary Detention stated that “... the characterizations of
offences as crimes against national security, as defined in article 73 of the
Penal Code, draw no distinction on the grounds of the use or non-use of
violence or of incitement or non-incitement to violence [...] the present
wording of article 73 is so vague that it could result in penalties being
imposed not only on persons using violence for political ends, but also on
persons who have merely exercised their legitimate right to freedom of opinion
or expression” (para. 58).
28.
Other offences characterized by the Penal Code show the same
deficiencies:
(a)
Article 205 (a). “Misuse of democratic rights aimed at
undermining the interests of the State, social organizations or citizens:
misuse of freedom of speech, the press and religion or wrongful use of the
rights of assembly, association or other democratic rights”; it should be
noted that the concept of misuse cannot always be objectively assessed;
(b)
Article 199. “Exercise of superstitious practices: any person
who practises divination, acts as a medium or pursues other superstitious
practices”; it should be noted there is no attempt whatsoever to define the
concept of superstition;
(c)
Article 198. “Disturbing the peace: anyone who disturbs the
peace in a public place”; no information is provided on this vague and
extendable concept;
(d)
Article 215. “Violation of the rules governing publication and
distribution of books, newspapers and other printed material”.
It seems, however, that these provisions are used as major obstacles to the
exercise of religious activities (see chap. III - Situation of the religious
communities in the field of religion and belief).