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The Rehab Archipelago - Human Rights Watch

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Detention without Due Process<br />

II. Findings<br />

I was caught by police in a roundup of drug users. <strong>The</strong>y saw me with other<br />

users. <strong>The</strong>y took me to the police station in the morning and by that<br />

evening I was in the drug center.… I saw no lawyer, no judge.<br />

—Quy Hop, a man in his early thirties who spent four years in detention60 Detention by Police<br />

None of the people whom <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interviewed saw a lawyer, judge, or court at<br />

any time before or during their detention in drug detention centers and—despite<br />

regulations providing for appeal of administrative decisions— were unaware of means to<br />

appeal the decision to detain them in a center. 61<br />

Most detainees enter centers on a compulsory basis. Cam Khe was a regular heroin user in<br />

his late 20s when he was taken into police custody in Ho Chi Minh City in 2007.<br />

In less than two days [after being detained by the police] I was put into a<br />

center in another province.… I signed nothing. I did not go voluntarily. <strong>The</strong><br />

police read the decision [to detain me] out loud to me. <strong>The</strong> decision said I<br />

was to be in a drug center for two years…. I saw no courtroom and I was told<br />

nothing about appeals. 62<br />

Lang Giang is a woman in her late 20s who was released from her second period of<br />

detention in mid-2010. After her first period of detention (for five years), she was released<br />

in 2006 and eventually returned home because she ran out of money.<br />

I didn't know that there were already papers ready for me. A policeman and<br />

two members of the civil defense force (dan phong) detained me. 63 <strong>The</strong>y<br />

took me to the local police station. My urine test was positive. I was given a<br />

60 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Quy Hop, Ho Chi Minh City, 2010.<br />

61 Ordinance 44, art. 118 allows for administrative decisions to be appealed.<br />

62 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Cam Khe, Ho Chi Minh City, 2010.<br />

63 <strong>The</strong> civil defense force (dan phong) is a voluntary security force under the authority of ward-level People's<br />

Committees that often collaborates with local police.<br />

25 HUMAN RIGHTS WATCH | SEPTEMBER 2011

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