A/HRC/7/10/Add.1
page 70
Response from the Government dated 18 May 2007
304. The Government emphasized that the State of Vietnam always respects the rights to
freedom and democracy and that no one is detained on the ground of political views or religions.
Only those who violate laws are handled with, conforming to Vietnamese and international laws.
305. Concerning the case of Nguyen Van Ly, the Government indicated that he in 1977 was
dismissed as General Bishop’s Secretary by the Archbishop. In 1981, late Archbishop Nguyen
Kim Dien issued a decision to deprive Nguyen Van Ly of his right to do missionary work because
of his self-indulgent lifestyle, violating the Christian rules and damaging the credibility of the
Church. In 1983, Nguyen Van Ly was convicted by the provincial People’s Court of the Binh Tri
Thien Province to 10 years of imprisonment for his acts of undermining the national unity bloc
and provoking serious public disorder. On 17 May 2001, Nguyen Van Ly was arrested for
repeating acts in violation of the law. He was publicly tried on 19 October 2001 by the People’s
court of the Thua Thien-Thue Province and sentenced to 15 years of imprisonment and another 5
years of administrative probation following the completion of his jail term. The arrest and trial
were conducted in full accordance with the law.
306. On 16 July 2003, the People’s Court of the Ha-Nam Province, in view of Nguyen Van
Ly’s repentance and redemption, reduced Ly’s sentence from 15 to 10 years of imprisonment. In a
letter to the US Congress dated 27 June 2003, Nguyen Van Ly had admitted that the Vietnamese
Government never suppressed religion and that he was rightly imprisoned because he had
committed crimes against the law which could result in creating conditions unfavourable for the
common cause of building national unity. Nguyen Van Ly was released in January 2005 under the
special amnesty order by the State President of Vietnam, but he still had to serve his
administrative probation for another 5 years.
307. On 19 February 2007, Nguyen Van Ly was arrested again for violation of the probation
sentence and other Vietnamese laws, such as inciting complaints, causing social and security
disorders and establishing illegal organizations. On 30 March 2007, he was publicly tried by the
People’s Court of the Thua Thien Hue Province in full and strict observance of legal proceedings
stipulated in the Criminal Procedures Code. The State of Vietnam allowed him to have his defence
counsel but he refused to do so. He showed aggressive behaviour, defied the law, not fully
respected the Court (e.g. demolishing the bar with his foot) and libelled the Court. Not any
international or national legal standard could allow such deeds. Therefore, the authorities had to
apply the necessary measures to restore the order of the Court. Nguyen Van Ly was sentenced to 8
years of imprisonment and 5 years of administrative probation in accordance with Article 88 of
the Penal Code.
308. Regarding Mr. Chan Tin, born 15 November 1920, a priest of the Messiah, Ho Chi Minh
City and Mr. Phan Van Loi, born 9 March 1951, living in Hue city, the Government stated that
these are Vietnamese citizens, who fully enjoy all rights of freedom like other Vietnamese citizens.
The information that they “were put under house arrest” is completely ungrounded.
Observations
309. The Special Rapporteur is grateful for the Government’s response. The previous mandate
holder, Mr. Abdelfattah Amor, had already sent two communications regarding Father Nguyen