Организация объединенных наций (стр. 32 из 32)

409. Mr. Thich Tue Sy, secretary general of the Unified Buddhist Church of Viet Nam, a writer and honorary member of PEN International and PEN Canada, was reportedly under house arrest in the Quang Huong Gia Lam pagoda in Ho Chi Minh City for his peaceful advocacy of freedom of belief and opinion. According to the information received, Mr. Thich Tue Sy was released in September 1998 after 17 years of imprisonment and hard labour. After his release, he was allegedly subjected to police surveillance, interrogations and threats. On 14 September 1999, he was interrogated at the local police station and his computer hard disk was confiscated for his alleged attempt to overthrow the Government. It was also alleged that, in May 2001, he was harassed and interrogated by the police, who were reported to have initiated a repression campaign against the Vietnamese Unified Buddhist Church. On 25 May 2001, he was

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threatened at his pagoda by the police for his refusal to go to the police station in order to be interrogated. It was also alleged that, on 3 June 2001, Mr. Thich Tue Sy wrote a letter to the "Tribunal Populaire Supreme", protesting against the harassment he has allegedly been subjected to.

410. Patriarch Thich Huyen Quang, patriarch of the Unified Buddhist Church of Viet Nam, has reportedly been under house arrest without charges since 1982. Security police are said to be permanently stationed on the only road leading to his hut and are thus able to monitor and control all his visits. Mr. Thich Huyen Quang was allegedly never officially sentenced and was arrested allegedly for his peaceful advocacy of religious freedom, human rights and democracy. In November 1993, he reportedly issued a landmark "Declaration" calling for democratic reform, such as the legalization of opposition parties, free elections and a multiparty system. According to the information received, Thich Huyen Quang was formally "released" by order of the Quang Ngai Security Police on 27 October 1997, even though he remains under house arrest.

411. Venerable Thich Quang Do, a writer, scholar, head of the Institute for the Propagation of the Dharma and the second-highest dignitary of the Unified Buddhist Church of Viet Nam, was reportedly detained incommunicado in Thanh Minh Zen monastery. It was alleged that

on 1 June 2001 the Ho Chi Minh People's Committee placed him under administrative detention for two years, which was a "reactivation" of a five-year probationary detention sentence for which Thich Quang Do was amnestied in 1998. This "reactivation" was said to have been the consequence of a letter sent by Mr. Thich Quang Do to the authorities, asking for the release of Mr. Thich Huyen Quang, and to be aimed at preventing Mr. Thich Quang Do from travelling to the central province of Quang Ngai on 7 June 2001 to escort Patriarch Thich Huyen Quang to Saigon for medical treatment. It was reported that Security Police officers guard the room of Thich Quang Do, control his meals and forbid any visits or phone calls. It was also reported that the State-controlled press has begun a vilification campaign against Thich Quang Do, accusing him of "corruption", and that the police have circulated a series of "anonymous letters" in Saigon slandering the monk.

Communications received

412. On 2 November 2001, the Government of Viet Nam replied that the allegations regarding the individual cases mentioned were inaccurate and falsified and that the true information on those cases had been provided to the other thematic mechanisms of the Commission on Human Rights. The Government affirmed that all the individuals mentioned were criminal offenders who had been found in violation of the law and duly prosecuted for their acts. The Government said that there were hundreds of Vietnamese NGOs and professional associations working in all spheres of life, contributing actively to the renewal process of the country and to the promotion

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and protection of the social, cultural, economic and political rights of every citizen. The Government assured the Special Representative that these NGOs need not and in fact did not all belong to the "Fatherland Front".

Observations

413. The Special Representative thanks the Government for its reply. She nevertheless remains concerned about the situation of human rights defenders in Viet Nam. She will continue to watch the situation and seek the cooperation of the Government for the implementation of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

ZIMBABWE

Communication sent

414. On 19 November 2001, the Special Representative, together with the Special Rapporteur on freedom of opinion and expression, sent an urgent appeal regarding the cases of

Mr. David Coltart, a prominent and well-respected human rights lawyer and Member of Parliament, Mr. Morgan Tsvangirai, leader of the main opposition party Movement for Democratic Change (MDC), and other members of the political opposition in Zimbabwe. It was reported that on 15 November 2001, Mr. Coltart was detained by the police in Harare and then released after two hours. Mr. Coltart has campaigned for many years to improve access to legal services and to uphold the basic rights of everyone in Zimbabwe. In addition, Vice-President Mr. Joseph Msika and other government officials reportedly appeared to be inciting violent action against members of the MDC. In November 2001, the ruling Zanu PF party allegedly accused MDC members of being responsible for the abduction and murder of Mr. Cain Nkala, chairman of the Bulawayo war veterans' association, an armed militia closely associated with the Zanu PF party. Members of the political opposition and human rights activists are reportedly the targets of threats, detention and physical attack as part of a crackdown on the political opposition in Zimbabwe prior to the elections scheduled for March 2002.

Observations

415. No reply from the Government has been received so far.

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Appendix

Submission of allegations to the Special Representative of the Secretary-General on human rights defenders

Overview

At its fifty-sixth session, the Commission on Human Rights requested the Secretary-General to appoint a special representative on human rights defenders (resolution 2000/61 of 26 April 2000). Ms. Hina Jilani (Pakistan) was appointed in August 2000. Her work on the mandate, which began in September 2000, is based largely on the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (General Assembly resolution 53/144 of 9 December 1998).

The Declaration recognizes that the definition of a human rights defender must be broadly understood as encompassing also those striving for the promotion, protection and realization of social, economic and cultural rights, as well as civil and political rights. As the Special Representative stated in her first annual report (E/CN.4/2001/94), she believes that the ambit of her mandate is broad enough to include, for example, those defending the right to a healthy environment, promoting the rights of indigenous peoples, or engaging in trade union activities. The mandate of the Special Representative of the Secretary-General on human rights defenders, as set out in Commission on Human Rights resolution 2000/61, is:

(a) To seek, receive, examine and respond to information on the situation and the rights of anyone, acting individually or in association with others, to promote and protect human rights and fundamental freedoms;

(b) To establish cooperation and conduct dialogue with Governments and other interested actors on the promotion and effective implementation of the Declaration;

(c) To recommend strategies better to protect human rights defenders.

Any individual, group, non-governmental organization, intergovernmental agency or government organization with reliable knowledge of human rights violations against human rights defenders is encouraged to bring the relevant information to the attention of the Special Representative in writing. The Special Representative will transmit information she considers credible and reliable to the Government concerned and request that it respond with its comments and observations.

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Because of the wide range of groups and individuals that send allegations to the Special Representative, those submitting complaints are encouraged to provide information regarding their own human rights work.

While there is no formal procedure for the submission of allegations, certain details must be provided to enable the Special Representative to bring the appropriate cases to the attention of the Governments concerned as soon as possible. The information required includes the identity of the alleged victim, the alleged violation, the perpetrator(s), and the steps, if any, taken by the authorities. Complaints must be made in writing and sent to:

The Special Representative of the Secretary-General on human rights defenders Office of the High Commissioner for Human Rights

United Nations

1211 Geneva 10, Switzerland

FAX: (41 22) 917 90 06

Guideline for submissions

The following outline should be followed, to the extent possible, by those wishing to submit allegations of violations against human rights defenders.^a

1. Information regarding the alleged victim

- Full name^b

- Age

- Sex

- Profession or occupation

- Place of residence (or origin, if relevant to the violation suffered)

- The victim's affiliation, if any, with an organization, association or group engaged in human rights work

- Name of the organization, association or group

- Name of the person heading the organization, association or group

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- Nature of human rights work the individual performs If the alleged violation is against an organization:

- Name of the organization

- Nature of the human rights work/activities it is engaged in

- Territorial scope of its work (national, regional, international)

- Affiliations with other human rights organizations, if any

- Name of person(s) heading the organization

Additional information on the history of the work the individual or organization has performed, if submitted, may be helpful in assessing the complaint/allegation.

2. Nature of the alleged violation

All relevant information regarding the violation allegedly committed against the human rights defender, or organization, association or group, including:

- Date

- Place

- Description of the events/incident

- Nature of violation suffered or threatened

The information must indicate the connection of the alleged violation to human rights activities performed.

If the violation involves or includes the arrest and/or imprisonment of an individual or group of human rights defenders, information is required on:

- Identity of the authority involved (individual and/or ministry and/or department)

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- Date and place of arrest

- Any circumstances under which the arrest was made that are relevant to the violation

- Nature of charges, if any, and the legal statute invoked

- Potential penalties the individual or group faces

- Place of detention, if known

- Term of detention

- Information on the provision of access to legal counsel and family members

- Steps taken to seek administrative or judicial remedy, nature of the remedy sought, legal entity before which proceedings have been taken, and stage or result of such proceedings

If the defender is being prosecuted in the courts for any activity in defence of human rights or related activity, or as a consequence of such activity:

- The date and location of the trial

- The court hearing the case

- The relevant appeal procedures

- The penalties the group or individual faces 3. Perpetrator(s) of the alleged violation

- Name(s), if known

- If they are members of the security forces, their rank, functions, the unit or service, etc., to which they belong

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- If they are members of a civil defence group, paramilitary or other forces or an armed group, details on whether or how these groups relate to the State (e.g. cooperation with the State security forces, including information on chains of command, if available, State collusion with or acquiescence in their operations)

4. Steps taken by or on behalf of the victim or organization to seek a remedy at the national level

- All relevant information regarding whether a complaint was filed

- If so, when, where, by whom and before which authority

5. Steps taken by the concerned authorities

- Whether or not an investigation or inquiry into the alleged violation has been initiated and/or concluded

- If so, by which authority, ministry or department of the Government

- Progress and status of the inquiry or investigation at the time of submission of the allegation

- Whether or not the investigation or inquiry has resulted in charges or other legal action

- If so, the reason why the result is unsatisfactory

- Measures, if any, taken to protect person(s) under threat

6. The violation alleged may not be the result of one incident or event, but may be a continuing violation owing to conditions, policies, practices or laws that obstruct the promotion, protection and/or realization of human rights

In such cases submissions must include:

- All relevant information regarding such conditions, policies, practices or laws

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- The nature of the prejudice suffered by an individual or group(s) working for the defence of human rights because of the above

- Methods used to impede the work of human rights defenders on the basis of the above conditions, policies, practices or laws

- Agencies (State, non-State) employed to harass, intimidate and/or injure human rights defenders on the basis of these conditions or in implementing such laws, practices and policies

- Possible measures that can be taken to remedy the situation

- Any action taken by individuals or groups at the national level to reverse the conditions, policies and practices or for reform of the laws that are contrary to the rights recognized by the Declaration

а

This guideline is not final. Comments and suggestions are welcome.

^ъPlease note in the submission if the name of the alleged victim SHOULD NOT be transmitted to the Government. Names of alleged victims will remain confidential IF REQUESTED.