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. 81

Select target paragraph3