WRITTEN QUESTION E-0003/03 by Olivier Dupuis (NI) to the Commission. Vietnam's legal reform strategy.
Date: 2003-01-16
Institutions: European Parliament, Provisional data
Subjects: EU relations, Viet Nam, bilateral relations, cooperation policy, human rights, protection of freedoms, rule of law

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imprisonment for the hostage-taking in Kisljar in 2001 (cid:1) on 14 December 2002 in the infirmary of the
‘White Swan’ prison in the city of Solikamsk, Siberia (Perm region). It took him several days to die
following an internal haemorrhage caused, according to Russian sources, by old war wounds which had
‘never completely healed’.

On Monday, 16 December, an article in the Russian newspaper Kommersant, reproduced in the
Süddeutsche Zeitung, reported statements made anonymously by prison staff, according to which Raduyev
was said, by his cell-mate, to have been beaten to death after having opposed a surprise search of his cell
by his guards. Salman Raduyev was one of the witnesses whose testimony was used to back the Russian
Justice Ministry’s request to Denmark and Great Britain for the arrest and extradition of Akhmed Zakaiev.
Raduyev allegedly claimed that Zakaiev had taken part personally in kidnappings and terrorist acts. In the
same article the Kommersant suggested an interpretation of events according to which Raduyev might
have been forced to testify against Zakaiev and then been eliminated.

Is the Commission aware of these allegations and if so, how did it react? What official steps does it intend
to take to ensure that light is thrown on the real circumstances of Mr Raduyev’s death? More generally,
how does the Commission rate Russia’s ability to fulfil the duties of a constitutional state?

Answer given by Mr Patten on behalf of the Commission

(5 February 2003)

The Commission is aware of the death of the convicted Chechen Salman Raduyev in prison in Solikamsk
in December last. It is also aware of certain allegations surrounding Mr Raduyev’s death and it hopes that
these will be investigated in a prompt, independent and impartial manner. The Commission calls for all
such allegations to be forwarded to the relevant Russian authorities,
including Duma Human Rights
Ombudsman Mironov, for investigation. The findings of such an investigation should certainly be made
public. The Commission will follow developments in this matter closely.

The Commission underlines that the implementation of shared values in the fields of democracy and
human rights underpin the EU-Russia Agreement on Partnership and Cooperation and are key elements in
the EU-Russia partnership. The Commission will, therefore, continue to raise the issue of respect for
human rights within the framework of the EU’s bilateral political dialogue with the Russian Federation.

It is also important to recall that the Commission promotes respect for human rights and democracy in
Russia through a number of projects that are financed under the European Initiative for Democracy and
Human Rights. These activities are implemented in cooperation with civil society and international
organisations such as the Council of Europe. The Tacis programme is also active in this domain.

(2003/C 155 E/227)

WRITTEN QUESTION E-0003/03

by Olivier Dupuis (NI) to the Commission

(16 January 2003)

Subject: Vietnam’s legal reform strategy

Despite Vietnam’s commitment to move towards the rule of law in accordance with an internationally-
funded 10-year ‘Legal Reform Strategy’ programme, the Vietnamese Government has:

(cid:1) continued to introduce extensive legislation which seriously restricts human rights and criminalises the
peaceful exercise of
freedom of opinion, expression, religion, association and the press; recent
legislation includes increased controls on the Internet (June 2002), a prohibition on satellite TV for all

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citizens except top Communist Party officials and foreigners (June, 2002), directives on residence
prohibition and house arrest for released prisoners (Decree 53/ND-CP, August 2001),
in flagrant
violation of the UN International Covenant on Civil and Political Rights, to which Vietnam acceded in
September 1982;

(cid:1) refused to rescind arbitrary legislation such as Decree 31/CP on ‘administrative detention’, which
empowers local security police to detain citizens without a court order for up to two years; to review
the broadly-defined ‘national security’ clauses in the revised 2000 Criminal Code under which
thousands of citizens are currently detained for the peaceful expression of their political opinions and
religious beliefs;

(cid:1) taken no steps to implement recommendations made by the UN Working Group on Arbitrary
Detention (1995), the UN Special Rapporteur on Religious Intolerance (1999) and the UN Committee
on Human Rights (2002) to urgently bring domestic legislation into line with international human
rights law. After examining Vietnam’s report on the ICCPR in July 2002, the UN Human Rights
Committee expressed particular concern that provisions in the Vietnamese Constitution subjugated
individual rights to the interest and policies of the one-party State (e.g. Art. 4 of the Constitution on
the mastery of the Communist Party) and were thus totally incompatible with the ICCPR.

Is the Commission aware that Vietnam continues to adopt such restrictive legislation in flagrant violation
of its commitments to the international community? Could this affect the development of bilateral EU-
Vietnam relations, given that the 1995 EU-Vietnam Cooperation Agreement is based on the respect of
human rights and democratic principles? In the light of EU support for the Legal Reform Strategy, would
the Commission consider blocking funding to LRS until Vietnam incorporates UN human rights provisions
into its legal system and rescinds all legislation which impedes the enjoyment of civil and political rights in
Vietnam?

Answer given by Mr Patten on behalf of the Commission

(4 February 2003)

The Commission is fully aware that Vietnam had not yet adhered to all United Nations Human Rights
Conventions and that shortcomings persist in the implementation of the Conventions that Vietnam has
ratified.

It is against this background that the Commission welcomes the decision by the government of Vietnam to
draw up an action plan for legal reform, based on the Legal Means Assessment. The Union, has repeatedly
urged the government of Vietnam to strengthen its respect for political and religious freedoms, as well as
further strengthen economic and social freedoms. They have expressed this request recently in their joint
declaration at the Consultative Group meeting in Hanoi in December 2002.

Both the Commission and the Member States would support the Vietnamese government in efforts to
strengthen the governance and public administrative reforms, to improve human rights, to prepare for the
signing and implementation of additional international conventions in the area of human rights.

(2003/C 155 E/228)

WRITTEN QUESTION E-0004/03

by Olivier Dupuis (NI) to the Commission

(16 January 2003)

Subject: Illegal detention of Buddhist leaders in Vietnam

According to information provided by the Paris-based NGO Quê Me: Action for Democracy in Vietnam,
the situation of Ven. Thich Huyen Quang and Ven. Thich Quang Do, prominent dissidents and leaders of