A/HRC/16/53/Add.1
Human Rights as well as of the International Covenant on Civil and Political Rights. In
addition, they referred to General Assembly resolution 63/181, in which the Assembly
urged States to step up their efforts to ensure that no one within their jurisdiction is
deprived of the right to life, liberty or security of person because of religion or belief and
that no one is subjected to torture or other cruel, inhuman or degrading treatment or
punishment, or arbitrary arrest or detention on that account and to bring to justice all
perpetrators of violations of these rights.
427. Furthermore, the Special Procedures mandate holders would highly appreciate
information from the Government on the steps taken by the competent authorities with a
view to ensuring the right to the highest attainable standard of health of Father Thadeus
Nguyen Van Ly. This right is reflected, inter alia, in article 12 of the International Covenant
on Economic, Social and Cultural Rights, which provides for the right of everyone to the
enjoyment of the highest attainable standard of mental and physical health. This includes an
obligation on the part of all States parties to ensure that health facilities, goods and services
are accessible to everyone, especially the most vulnerable or marginalized sections of the
population, without discrimination.
(b)
Response from the Government of Viet Nam dated 19 March 2010
428. In its letter dated 19 March 2010, the Government of Viet Nam responded to the
joint urgent appeal of 24 December 2009. The Government indicated that Mr. Nguyen Van
Ly was the accused of activities which violated Vietnamese laws and sentenced to 8 years
in prison by the People’s Court of Thua Thien Hue Province on 30 March 2007, according
to article 88 of the Penal Code. The Government stated that Mr. Ly was allowed to have
counsel but refused to do so. The Government stressed that the arrest, provisional detention
and trial against Mr. Ly had been carried out in strict compliance with the sequence and
procedures stipulated in existing Vietnamese laws, in particular with the Criminal
Procedures Code and also in line with international standards in human rights, and
specifically, the Universal and Declaration on Human Rights and the International
Covenant on Civil and Political Rights. The Government stated that many foreign
diplomats and journalists, including from the United States and some European countries
were allowed to attend the court. The Government indicated that no complaint was lodged
by or on behalf of Mr. Ly.
429. In mid 2009, whilst serving his eight year sentence in Nam Ha prison, Mr. Ly
suffered from high blood pressure symptoms and was provided with medical treatment by
the health service of the prison. On 25 May 2009, Mr. Ly suffered a stroke causing a
temporary paralysis of his arms and legs and some brain injuries, but later recovered.
Speaking in October, with the United States Ambassador in Viet Nam, Mr. Ly recognised
that he had been provided with adequate health care. On 14 November 2009, Mr. Ly again
found paralysis on his right arm and leg. He was immediately moved to hospital for better
medical treatment. The diagnosis showed that this paralysis was caused by brain injuries
from a previous stroke. The family and the Hue Bishop were informed of the health
situation. The family of the accused were allowed to look after him at the hospital. A group
of priests of Hue’s diocese led by Archbishop Nguyen Nhu The also visited the hospital.
Following improvement in the health condition including recovery of his arm and leg, Mr.
Ly returned to the prison to continue his sentence.
430. On 12 March 2010, given the health situation of Mr. Ly, the high risk of strokes and
in the spirit of amnesty, the People’s Court of Ha Nam Province decided to postpone
imprisonment for a period of 12 months, beginning from 15 March 2010, in accordance
with article 61 of the Penal Code and allowed Mr. Ly to return to Thua Thien Province for
health treatment. Allegations that Mr. Ly was denied access to counsel and not provided
adequate medical treatment are totally not true.
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