A/HRC/16/53/Add.1 Y. 1. (a) Viet Nam Urgent appeal sent on 24 December 2009 jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention; the Special Rapporteur on the independence of judges and lawyers; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special Rapporteur on the situation of human rights defenders; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Allegations transmitted to the Government 422. The Special Procedures mandate holders brought to the attention of the Government information regarding Father Thadeus Nguyen Van Ly, a Catholic priest, aged 63 years. Father Ly was already the subject of the Working Group on Arbitrary Detention’s Opinion No. 20/2003 (Viet Nam), adopted on 27 November 2003 and a joint urgent appeal by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression dated 23 February 2007 (see A/HRC/7/10/Add.1 paras. 301-303) to which the Government replied on 18 May 2007 (see A/HRC/7/10/Add.1 paras. 304-308). The Special Rapporteur on freedom of religion or belief has previously sent two communications to the Government of Viet Nam regarding Father Thadeus Nguyen 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). 423. According to new information received, on 11 December 2009, Father Nguyen Van Ly was transferred back to Ba Sao prison, where he is serving an eight-year prison sentence for “carrying out propaganda against the Socialist Republic of Viet Nam,” (Article 88 of the Vietnamese Criminal Code). He was arrested on 18 or 19 February 2007 and sentenced on 30 March 2007 following a trial that lasted approximately four hours. He was denied access to counsel before and during the trial. 424. At Prison Hospital 198, which is run by the Ministry of Public Security in Hanoi, Father Ly had been recovering from a second stroke suffered in detention on 14 November 2009. Father Ly remains partially paralyzed on the right side of his body. During his detention, Father Ly has been mainly held in solitary confinement. He has suffered from high blood pressure and other health problems. In the seven months before the stroke, he had several bouts of ill-health for which the prison authorities neither provided a proper diagnosis nor adequate medical treatment. 425. Father Ly was first imprisoned for his criticism of the policies of the Vietnamese Government on religion in the late 1970s, and has already spent approximately 17 years in prison in relation to his activities promoting respect for human rights, including freedom of opinion, expression and religion. He is one of the founders of the internet-based movement “Bloc 8406” which supports democracy, and has helped to set up other political groups which have subsequently been banned in Viet Nam. He also secretly published a journal entitled “To Do Ngon Luan”. 426. Grave concerns are expressed in respect of Father Nguyen Van Ly’s state of health, particularly in view of reports that he has been transferred back to the prison despite not having fully recovered from a stroke. The Special Procedures mandate holders appeal to the Government to ensure the right to freedom of religion or belief in accordance with the principles set forth in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief and article 18 of the Universal Declaration on 80