A/HRC/7/10/Add.1
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Vietnam
Urgent appeal sent on 30 January 2007 jointly with the Working Group on Arbitrary
Detention, the Special Representative of the Secretary-General on the situation of human
rights defenders and the Special Rapporteur on the question of torture
293. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Mr. Ksor Daih, 45 years old, from Ploi Ko village,
commune Dang Ya, district Cu-Pah, Gialai province; Mr. Ksor Jak, 24 years old, from Ploi Ko
village, commune Dang Ya district Cu Pah, Gailia province, and Mr. Ksor Har, 54 years old,
from Ploi Ia-Gri village, commune Dang Ya, district Cu Pah, Gialai province. All of them are
currently held at Trai Ba-Sao prison in Ha Nam province.
294. According to the information received, Mr. Ksor Daih was arrested in 2004 after having
spent two years in hiding, for participating in the 2001 peaceful protest for religious rights and
supporting an organization called “Montagnard Foundation”. He was then sent to prison, where
he has been subjected to beating and kicking on a regular basis. During one incident he was
blinded in one eye. As a result of the treatment in prison, his body is covered in scars and bruises,
his eye socket gorged and he can barely stand.
295. Mr. Ksor Jak was arrested in 2004 for supporting the “Montagnard Foundation” and
participating in the peaceful demonstration in 2001 for religious freedom. After the 2001
demonstration he went into hiding, but was captured on 24 February 2004 by Vietnamese
soldiers and imprisoned at Trai-Ba-Sao, where his leg was broken and disfigured and he was
subjected to taunting by the authorities. Also, guards forced him to eat rice mixed with broken
glass.
296. Mr. Ksor Har was arrested in 2004 for participating in the 2001 peaceful protest for
religious rights and supporting the “Montagnard Foundation”. He went into hiding but was
captured by Vietnamese soldiers in August 2004. As a result of the treatment he has received in
prison, his left ear has been torn into pieces. Guards continue to regularly pull his wounded ear.
Response from the Government dated 24 April 2007
297. The Government of Vietnam provided the following information concerning the three
persons concerned. Mr. Ksor Daih (born in 1962 at Gia Lai), Mr. Ksor Jak (born in 1981 at Gia
Lai) and Mr. Ksor Har (born in 1954 at Gia Lai) had been working since 2003 for the Fulro
Organization (“the organization of the bandits”), where they allegedly incited and forced others to
demonstrate to request the establishment of the “Dega State” in the provinces of Tay Nguyen,
thus countering the most fundamental principles of the Charter of the United Nations, namely
independence, sovereignty, unity and territorial integrity. Their acts also caused a feud and drove
a wedge among the ethnics, thus violating Vietnamese laws and article 20, paragraph 2 of the
ICCPR. Therefore, they were arrested by the Investigation Agency on 26 February 2004, 25
February 2004 and 13 October 2004 respectively. When they were arrested and strip-searched,
explosives and weapons were found on Mr. Ksor Daih and Mr. Ksor Jak. On 25 January 2005, Mr.
Ksor Daih and Mr. Ksor Jak were tried by the People’s Court of the Gia Lai Province and both
sentenced to 7 years of imprisonment in accordance with Article 87 of the Penal Code. Mr. Ksor
Har was tried on 17 October 2005 and sentenced to 6 and 5 years of imprisonment in accordance