A/HRC/7/10/Add.1
page 73
318. On 9 July 2007, the Police Agency for Investigation provisionally detained Mr. Tim Sa
Khorn in accordance with Article 87 of the Penal Code. On 8 November 2007, the People’s Court
of the An Giang Province in an open and fair trial found Mr. Tim Sa Khorn guilty of
“undermining policies for the solidarity of ethnic minorities” and sentenced him to 12 months of
imprisonment in accordance with Article 87 of the Penal Code. He is currently carrying out his
sentence and his health is normal.
Observations
319. The Special Rapporteur is grateful for the Government’s response. She would like to take
this opportunity to refer to her predecessor’s conclusions and recommendations after his country
visit to Vietnam (see E/CN.4/1999/58/Add.2, para. 107 [d]): “Several provisions are vague and
imprecise and therefore liable to permit interference by the authorities, by granting them
excessive discretionary powers, in religious matters, including arrest, detention and imprisonment
for religious activities that are in full conformity with international law. The following are the
problematical provisions: […] (iii) The Penal Code establishes severe penalties for particularly
vague offences”. Special Rapporteur Amor also recommended (see E/CN.4/1999/58/Add.2,
para. 110 [b]): “As part of the procedure for bringing domestic legislation into conformity with
international law, on the one hand, relaxing or lifting the limitations placed on the exercise of the
right to freedom of religion or belief, retaining only those limitations which are admissible, i.e.
which do not undermine the enjoyment of the right itself, and on the other, eliminating the use of
vague, imprecise and ‘catch-all’ expressions, in order to formulate and define clearly the conduct
to be punished, so that everyone is fully aware of what is prohibited.”
Yemen
Urgent appeal sent on 30 January 2007
320. The Special Rapporteur brought to the attention of the Government information she had
received regarding Mr. Dawood Yosuf Mousa, a local Jewish community leader from the village
of Al-Salem in northern Yemen. According to the information received, Mr. Mousa was
reportedly approached by four masked men on 10 January 2007 who gave him a letter which
warned that if the Jews did not leave within ten days they would be abducted, killed and their
property would be looted. The handwritten letter was allegedly signed by the leader of al-Houthi
supporters in the area of Saada. The threatening letter claimed that Jews work at “corrupting
people and making them abandon their values” and it concluded that “our religion ordered us to
fight the corrupt people and expel them. Allah is Greater, Death to America, Death to Israel, Curse
to Jews, and Victory to Islam.” The words of the last sentence are reported to be the slogan of the
slain Shiite cleric, Hussein Badr al-Deen al-Houthi. Subsequent to these threats, about 45 Jews
have sought refuge in a hotel in Saada City, the provincial capital. It is alleged that the Yemeni
Government is not providing enough security for them in their local areas.
Response of the Government dated 16 April 2007
321. The Government informed the Special Rapporteur that members of the Jewish community
in Yemen are equal with other Yemenis in Citizenship without discrimination. They enjoy the
protection of their Government equally as Muslim citizens. The Government considers their
protection a key part of its responsibility, according to constitutional and legal texts.