The Rehab Archipelago - Human Rights Watch
The Rehab Archipelago - Human Rights Watch
The Rehab Archipelago - Human Rights Watch
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Methodology<br />
Vietnam does not allow international human rights organizations to freely conduct<br />
research or monitor human rights concerns in Vietnam. Nongovernmental organizations<br />
and others visiting drug detention centers are rarely, if ever, able to speak privately with<br />
detainees or see all parts (e.g., disciplinary rooms) of a center. As a result, obtaining and<br />
verifying information about human rights violations in drug detention centers presents<br />
great challenges.<br />
Nonetheless, <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> was able to conduct in-depth, confidential interviews<br />
with 34 people recently detained in 14 of 16 centers under the administration of Ho Chi<br />
Minh City authorities. 1 All 34 former detainees had been in detention within five years of<br />
the date of their interview with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> in 2010. 2 Information from former<br />
detainees throughout this period was consistent in terms of the forms, severity, and<br />
frequency of abuses reported. All former detainees whose testimony is included in this<br />
report come from Ho Chi Minh City or its immediate suburbs.<br />
Of the 34 former detainees whose testimony forms the basis of this report, 10 are women<br />
and 3 were children (i.e. under the age of 18) when first detained. 3 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong><br />
1 32 individuals interviewed were detained in 14 centers administered by Ho Chi Minh City officials and two<br />
individuals had been detained by Ho Chi Minh City authorities before being transferred to centers under the<br />
administration of other provinces. In addition to the 16 centers administered by Ho Chi Minh City officials,<br />
those authorities also operated an additional center (Trong Diem) in Binh Phuoc province until at least 2008.<br />
While <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> spoke to former detainees of this particular center, this testimony has not been<br />
included in this report as government authorities no longer list it as a center for drug treatment and <strong>Human</strong><br />
<strong>Rights</strong> <strong>Watch</strong> understands it is not currently operating as such. In one case, testimony from a former detainee<br />
of Trong Diem has been included in this report to describe the experience of being held in a solitary<br />
confinement cell. Former detainees of other centers have confirmed the existence of these types of cells in<br />
centers other than the Trong Diem center.<br />
2 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> uses the term detainees to refer to those who reported that they were detained against<br />
their will, as well as those who entered the centers on a voluntary basis. <strong>The</strong> term detainee is appropriate for<br />
those who enter on a voluntary basis because once inside the centers they are not free to leave. A high<br />
proportion of those who entered the centers on a voluntary basis subsequently had their detention extended<br />
without being offered an opportunity for release.<br />
3 <strong>The</strong> word “child” is used in this report to refer to anyone under the age of 18. <strong>The</strong> Convention on the <strong>Rights</strong> of<br />
the Child defines as a child “every human being below the age of 18 years unless under the law applicable to<br />
the child, majority is attained earlier.” Vietnam’s 2004 Law on Child Protection, Care and Education (Law on<br />
Child Protection) defines children as under 16 years of age, while Vietnam's Civil Code (art. 20) defines a child<br />
as anyone under 18. Vietnam's Penal Code of 1997 (revised in 1999) defines the age of criminal responsibility<br />
to be 14 (for criminal offenses) but 12 for administrative offenses. Vietnam's Labor Law sets the minimum age<br />
9 HUMAN RIGHTS WATCH | SEPTEMBER 2011