A delegation of “experts” from the Ministry of Public Security of the Socialist Republic of Vietnam is in Poland, and according to Polish newspapers its officials are interrogating their compatriots. – They are doing this only in the presence of Polish civil servants – assures the Polish Ministry of Interior and Administration (MSWiA). – That is not true – say the interrogated Vietnamese. The Helsinki Foundation for Human Rights has also taken a position in this case. (29-FEB-08)

Written by: Agnieszka Chmielecka/ HRH Warsaw
Source: www.gazetawyborcza.pl

A delegation of representatives of the security service of Communist Vietnam has come to Poland for the second time now based on the agreement on the bilateral surrendering of citizens signed in Hanoi on 22 April 2004. – Without this agreement there wouldn’t be an opportunity to identify individuals, who pose as Vietnamese – as anonymous sources at the MSWiA explain. While staying in Poland, they interrogate their country’s citizens detained here on the charge of illegal stay. The Boarder Guard initially claimed that it does not participate in the interrogations, however after the daily “Gazeta Wyborcza” published a letter from the Voivodship Office in Rzeszow (according to the letter, the Vietnamese experts’ decision determines whether a group of Vietnamese citizens mentioned by name will receive the so called right for tolerated stay from Polish authorities), officials from the Border Guard stopped denying this.          

30 thousand emigrants
Around 30 thousand emigrants from Vietnam live in Poland. The interrogated Vietnamese say that Polish officials were not even present during the questioning. They also say that they are being blackmailed: if they do not cooperate, they will be deported from Poland or their families will be subject to repressions. Moreover, they explain that the officials show interest in the refugee community in Poland, as it is one of the largest emigration centers of the Vietnamese anti-communist opposition.           

The voice of the HFHR
In connection with the described situation, lawyers from the HFHR Program: Legal assistance for refugees and migrants, in a letter to the Chief Commander of the Boarder Guard, drew attention to a few significant issues. The establishment of the identity and citizenship of a foreigner, who has been rendered an ultimate decision on expulsion, can always be carried out in cooperation with the embassy of the country, of which the foreigner is a citizen, as only upon its consent (the issuing of travel documents) will the alien be allowed back into the territory of his country. In this respect it is not necessary to benefit from the assistance of the representatives of the Vietnamese Ministry of Public Security. Moreover, citizens of Vietnam, just like all foreigners, should be informed about the right to refuse establishing contact with the representatives of their country.

Polish-Vietnamese agreement and Polish law
In accordance with the Polish Act on granting protection to aliens within the territory of the Republic of Poland, the personal data of Vietnamese, who are undergoing refugee status determination proceedings, as well as those, who have been granted refugee status or a permit for tolerated stay, cannot be made available to authorities and public institutions of their country of origin.

Based on Article 6 par. 2 of the Protocol regarding the execution of the Agreement between the Government of Poland and the Government of the Socialist Republic of Vietnam on surrendering and taking over of citizens of both Countries, which constitutes the integral part of the agreement dated 2004, only a Vietnamese diplomatic post or consular office can be authorized to conduct the interrogations of surrendered individuals. Moreover, interrogations and contacts with a diplomatic post can only take place upon the alien’s consent. Therefore, it is inadmissible for experts (or officials) from the Ministry of Public Security of the Socialist Republic of Vietnam to conduct interrogations of aliens.

Finally, it is only still necessary to recall that obtaining information by means of interrogations using intimidation, blackmail and forced cooperation is contrary to the principles established in a democratic legal state.