(2004/C 78 E/0817)

WRITTEN QUESTION E-2929/03

by Olivier Dupuis (NI) to the Commission

(6 October 2003)

Subject:   Situation of Thich Tri Luc, a Vietnamese citizen enjoying HCR refugee status, kidnapped in Cambodia and awaiting trial in Vietnam

In its answer to Question E-2607/03 (1),. the Commission states that it is extremely concerned about the situation of the Venerable Thich Tri Luc (aged 49, secular name Pham Van Tuong), a member of the Unified Buddhist Church of Vietnam (UBCV) a long-standing human rights campaigner, who is being held in Ho Chi Minh City. His trial, originally announced by the Vietnamese Government for 1 August 2003, has been postponed sine die. The Vietnamese authorities have refused to answer questions from the United Nations High Commissioner. On 12 September, in flat contradiction to his previous statements, the Vietnamese Foreign Minister acknowledged that Thich Tri Luc had been secretly held for a year, claiming that he had been ‘arrested at the frontier post in Tay Ninh province’, on Vietnamese territory, on 26 July 2002; the Minister announced that he would be tried under Article 91 of the Penal Code, for having attempted to ‘escape abroad with the intention of contacting organisations there with a view to undermining the Vietnamese Government’. Persons charged under this Article face sentences ranging from three years to life imprisonment.

How has the Commission reacted to this blatant contempt for the UN's mechanisms for protecting refugees, and the major violations of human rights involved? Does the Commission intend to propose to the Member States that they raise this case of violation of refugee status with the relevant UN bodies? What measures does it intend to take to persuade the Vietnamese authorities to set the Venerable Thich Tri Luc at liberty immediately and unconditionally? Does the Commission not believe that the Vietnamese attitude in this matter constitutes sufficient grounds for radically revising the Union's aid and cooperation policy with Vietnam, particularly as regards the plan for legal reform over the next ten years?

Answer given by Mr Patten on behalf of the Commission

(5 November 2003)

The Commission wishes to recall that its reply given to the Honourable Member's Written Question E-2607/03 (2) on the same issue remains entirely valid in the light of recent developments. The following elements complement the Commission's previous answer.

The circumstances of Thich Tri Luc's arrest remain unclear. The Commission is concerned about Luc's incommunicado detention. The Commission will therefore continue to seek clarifications from the Vietnamese authorities.

The case of Thich Tri Luc illustrates that the implementation and regular update of the ten year legal reforms plan of the Government of Vietnam is of crucial importance with a view to enhance good governance and a properly functioning judiciary system. These objectives are priorities for Community cooperation with Vietnam under the Country Strategy Paper 2002-2006.

(1)  OJ C 58 E, 6.3.2004, p. 186.

(2)  OJ C 58 E, 6.3.2004, p. 186.