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Van Ly (see E/CN.4/1993/62, para. 68 and A/56/253, para. 77) to which the Government replied
(see E/CN.4/1994/79, para. 80 and E/CN.4/2002/73, para. 114).
Communication sent on 19 October 2007 jointly with the Special Rapporteur on the
question of torture and the Special Rapporteur on extrajudicial, summary or arbitrary
executions
310. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Kpa Kin, a Christian believer aged 35, born at Ploi Tao Or village,
commune Ia Hru, district Cu Se in Gialai Province. According to the information received, in
April 2004 Mr. Kin participated in a demonstration calling for religious freedom and land rights,
following which he went into hiding. He was arrested on 16 December 2005 by security police
and detained in Cu Se District. He was then transferred to T-20 prison in Pleiku Province and
later to Phu Yen Province prison. Upon each transfer he was beaten with batons, kicked and
electro-shocked on all parts of his body. As a result, he became seriously ill and needed to be
taken to the hospital in Phu Yen Province, where the doctors, since they were unable to help him,
recommended that he be released for medical reasons. However, on 24 August 2007, Mr. Kin
died in Phu Yen Province hospital. When his family asked for his corpse to be returned to his
home in order to be able to bury him, the request was refused. The authorities argued that since
Mr. Kin was sentenced to three years in prison and had not yet finished his prison term, his body
will be buried at the prison; only after the expiration of the three-year term may his relatives
collect the corpse.
Response from the Government dated 18 December 2007
311. Mr. Kpa Kin, born in 1972, permanently residing at Tao Or Village in the Gai Lia
Province, was tried on 7 August 2006 for suspicion of carrying out illegal activities. He was
found guilty and sentenced to 11 years of imprisonment. He carried out his sentence at Xuan
Phuoc Prison, where he enjoyed medical care and regular health examinations and was allowed to
follow a vocational training course. In early July 2007, the medical doctors of the prison
diagnosed him with liver cancer. On 13 July 2007 he was admitted to the clinic in the prison but
his illness did not recede. On 24 July 2007, he was sent to a general hospital of Phu Yen Province,
where he was given wholehearted and thoughtful care by doctors and his family members, but
due to his liver cancer he passed away on 24 August 2007. Immediately after his death the Board
of Superintendents of the prison notified his family, the local administration where he had his
permanent residence and the People’s Court of Phu Yen Province in order to follow the rules of
procedure to register the death of a prisoner in accordance with the laws.
312. The Government further stated that during his hospitalization in the Phu Yen Province, the
Board of Superintendents informed Mr. Kin’s family members of his health status so they could
take care of him. His wife took care of him till his death, after which she signed a minute on the
forensic examination identifying the cause of death as liver cancer. Members of his family and
clan prepared his funeral, requesting the Board of Superintendents in writing to make
arrangements to bury him at a cemetery in Phu Yen Province. According to the Government,
Mr. Kin’s stepfather thanked the doctors of the hospital, the prison personnel and Board of
Superintendents in writing for their care and assistance as well as for providing all the costs of the
funeral of Mr. Kin and financial assistance to cover the travel costs of his family members. He
also confirmed that his family and clan did not have any complaint about the death of Mr. Kin.