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350. According to the Government’s response, Thich Tri Luc, whose real name is
Pham Van Tuong, born in 1954, resident in Dong Hoa commune, Di An district, Binh
Duong province, used to be a Buddhist monk in temples in Dong Nai and Lam Dong
provinces, Hue city and Ho Chi Minh City. In March 1999, Mr. Tuong returned to
secular life and married Tran Thi Hoang Oanh, his second wife. On 26 July 2002, he
was arrested at Tay Ninh frontier as he tried to cross the border illegally in an attempt
to contact and coordinate with certain foreign organizations for activities against the
State of Viet Nam. His trial had been scheduled to take place on 1 August 2003.
However, for humanitarian reasons and at the request of his wife, the trial was
postponed until 12 March 2004. The People's Court of Ho Chi Minh City brought
Pham Van Tuong to trial for his acts in violation of article 91 of the Penal Code,
namely “illegally fleeing the country in order to carry out acts against the State”.
Though his acts of violation of the Law could result in at least 36 months of
imprisonment, the Court, considering his attitude of repentance and as a gesture of
leniency, sentenced Pham Van Tuong to only 20 months of imprisonment. He was
released on 26 March 2004 and is now leading a normal life with his family and
expected to be resettled abroad by arrangements with UNHCR and honoured by the
Government of Vietnam.
351. On 10 June 2004, the Special Rapporteur transmitted a communication to the
Government regarding Thich Vien Dinh, a superior monk of Giac Hoa Pagoda in Ho
Chi Minh City, who had reportedly been harassed by the Security Police and other
authorities during the first weeks of May 2004, allegedly after he expressed his
support of the illegal UBCV in a letter to the Government. In this letter, he reportedly
called for the release of UBCV Patriarch Thich Huyen Quang, Thich Quang Do and
all other members of the UBCV leadership who were reportedly arrested in October
2003.
352. It was reported that Thich Vien Dinh had been interrogated by the Security
Police over two previous weeks, and that Security Police said they had received
orders to expel the 40 monks residing in his pagoda. It was also reported that the Gia
Dinh Electricity Company sent him a letter, which he received on 14 May 2004,
stating that the electricity contract would be terminated and the electricity to Giac Hoa
pagoda cut off unless he could produce a certificate proving that he was the pagoda’s
superior monk, as recognized by the State-sponsored Vietnam Buddhist Church
(VBC), the only legal Buddhist organization in Viet Nam.
353. It was further reported that Thich Vien Dinh had been subjected to harassment
and threats since he was appointed Deputy Head of the Institute for the Dissemination
of the Faith (Vien Hoa Dao) at the UBCV Assembly in Nguyen Thieu monastery
(Binh Dinh) on 1 October 2003. In particular, it was reported that he was placed under
“administrative detention” by the local authorities on 9 October 2003, and that he was
barred from leaving Ho Chi Minh City, even to fulfil his religious functions at the
Thap Thap pagoda in Binh Dinh province, where he was appointed superior monk in
1995.
354. Thich Huyen Quang, Thich Quang Do and other UBCV senior monks were
allegedly arrested in October 2003 when traveling to Ho Chi Minh City after holding