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Human Rights Watch urges the Socialist Republic of Vietnam to
promptly take the following steps:
- Publish a central registry of the names and locations of
all Montagnards held in pretrial detention, as well as a list of all those
convicted and sentenced, and the relevant charges or reasons for their
- Release information about the status and location of
persons included in Human Rights Watchs list of 188 Montagnards known to
be in prison as of January 2005 because of their political or religious
- Guarantee that any persons charged in connection with the
protests in the Central Highlands or the Dega church movement, receive
trials in accordance with international fair trial standards set forth in
Article 14 of the International Covenant on Civil and Political Rights
(ICCPR) to which Vietnam is a party. The trials should be public, open to
both Vietnamese citizens and foreign observers. Those accused should have
access to legal counsel of their choosing and the free assistance of an
interpreter where necessary, as mandated by both the ICCPR and Vietnams Constitution.
- Make a public commitment to end the practice of torture. Appoint
a special commission to investigate allegations of torture in the Central
Highlands and to recommend appropriate prosecutions and discipline.
- Immediately allow unhindered accesswithout government
escortto diplomats, aid workers, independent human rights organizations,
and journalists to the Central Highlands.
- Issue invitations to the U.N. Working Group on Arbitrary
Detention, the U.N. Special Rapporteur on Religious Intolerance, the
Special Rapporteur on Torture, and the Special Rapporteur on Extrajudicial
Executions to visit Vietnam, with unrestricted access to the Central
Human Rights Watch makes the following recommendations to
the Royal Government of Cambodia:
- Honor its obligations under the 1951 Geneva Convention
Relating to the Status of Refugees and its 1967 Protocol not to return
refugees to a place where their lives or freedom are under threat.
- Prevent the involuntary return of any refugee or asylum
seeker to Vietnamincluding those whose asylum claims may have been
initially rejected by UNHCRuntil it has been determined that adequate
monitoring and protection measures are in place to ensure that returnees
can go back voluntarily and in safety and in dignity.
- Meet its legal obligations under the Convention Against
Torture not to return a person to another state where there are
substantial grounds to believe that he or she would be in danger of being
subjected to torture.
- Immediately authorize UNHCR to re-establish its field
presence in Mondolkiri and Ratanakiri provinces, re-open the provincial
refugee camps, maintain the refugee shelters and transit centers in Phnom Penh, and provide ongoing protection and assistance to refugees from Vietnam.
- With assistance from UNHCR and the Cambodia Office of the
U.N. High Commissioner for Human Rights, provide training to Cambodian
border officials and police on refugee protection standards, and the
fundamental norm of non-refoulement, or non-return of persons who
have a well-founded fear of persecution in their country of origin.