FATHER NGUYEN VAN LY SENTENCED TO 15 YEARS

UNCLAS HO CHI MINH CITY 001201 SIPDIS DEPARTMENT FOR EAP/BCLTV AND EAP/PD/MSPEER DEPARTMENT ALSO FOR DRL/IRF CINCPAC FOR FPA SECDEF FOR ISA/EA/ABLAGG E.O. 12958: N/A UNCLASSIFIED PAGE 02 HO CHI 01201 230453Z TAGS: PHUM KIRF VM HUMANR RELFREE SUBJECT: FATHER NGUYEN VAN LY SENTENCED TO 15 YEARS REF: A. HANOI 2276 B. HCMC 0688 AND PREVIOUS C. HCMC 1134 ¶1. LOCAL MEDIA REPORTED THAT FATHER NGUYEN VAN LY, CATHOLIC PRIEST ARRESTED MAY 17, STOOD TRIAL ON OCTOBER 19 IN THUA THIEN HUE PROVINCE. THE PROVINCIAL PEOPLE'S COURT HANDED DOWN A SENTENCE OF 15 YEARS IMPRISONMENT TO FATHER LY - TWO YEARS FOR DISOBEYING THE "ADMINISTRATIVE PROBATION" (HOUSE ARREST) ORDERS HE WAS PLACED UNDER IN FEBRUARY, AND 13 YEARS FOR DAMAGING THE GOVERNMENT'S "UNITY POLICY." IN ADDITION, THE COURT ORDERED ADMINISTRATIVE PROBATION, WHICH WILL CONFINE LY TO HIS PLACE OF RESIDENCE FOR 5 YEARS AFTER HE IS RELEASED FROM PRISON. BOTH PROVINCIAL AND NATIONAL TELEVISION (VTV1) BROADCAST THE SENTENCING ON THE EVENING NEWS. ¶2. FATHER LY HAS ALREADY SPENT 10 YEARS IN PRISON (FROM 1981 TO 1991) FOR ANTI-REVOLUTIONARY ACTIVITIES. IN NOVEMBER 2000, HE CIRCULATED A LETTER CHARGING THE GOVERNMENT WITH ABUSE OF RELIGIOUS FREEDOM. IN FEBRUARY 2001, HE MET WITH DISSIDENT HOA HAO AND BUDDHIST LEADERS IN HUE TO ORGANIZE A "COUNCIL FOR INTER-RELIGIOUS UNITY" OUTSIDE OF GVN AUTHORITY. ONE WEEK LATER, HE SUBMITTED WRITTEN TESTIMONY THAT WAS HIGHLY CRITICAL OF THE GVN TO THE U.S. COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM. ON FEBRUARY 14, THE PROVINCIAL PEOPLE'S COMMITTEE OF THUA THIEN HUE PROVINCE PUT HIM UNDER A HOUSE ARREST ORDER. FATHER UNCLASSIFIED PAGE 03 HO CHI 01201 230453Z LY, HOWEVER, CONTINUED TO SPEAK OUT DURING HIS SERMONS, HUNG BANNERS AT HIS CHURCH CALLING FOR RELIGIOUS FREEDOM, AND ATTEMPTED TO BREAK HIS HOUSE ARREST BY TRAVELING OUTSIDE HIS CHURCH COMPOUND. ¶3. SEVERAL POLICEMEN ARRESTED FATHER LY EARLY IN THE MORNING OF MAY 17. LATER THAT DAY, ACCORDING TO SEVERAL WITNESSES, APPROXIMATELY 300 POLICEMEN CAME TO THE CHURCH COMPOUND TO FORCIBLY DISBURSE A CROWD OF 300 - 500 PERSONS, WHO WERE PROTESTING THE ARREST. ¶4. ON OCTOBER 22, IN A MEETING WITH THE DEPUTY DIRECTOR OF THE AMERICAS DEPARTMENT OF THE MFA ON ANOTHER SUBJECT, EMBASSY POL/C RAISED FATHER LY'S SENTENCE, NOTED THE ADDITIONAL CONCERN THIS WOULD CREATE IN WASHINGTON, AND OBSERVED THAT THE VIETNAM HUMAN RIGHTS ACT WAS STILL PENDING BEFORE THE SENATE. THE DEPUTY DIRECTOR MERELY REPEATED THE USUAL LINE THAT THE CASE WAS ABOUT CRIMINAL ACTIVITY AND NOT ABOUT RELIGIOUS FREEDOM. CONGEN POLOFF WAS UNABLE TO REACH EITHER THE ARCHBISHOP OF HUE OR THE ARCHBISHOP OF HCMC FOR COMMENT. (THE ARCHBISHOP OF HCMC IS CURRENTLY TRAVELING IN ROME.) A CATHOLIC PRIEST IN HUE AND TWO OTHERS IN HCMC DECLINED TO TALK WITH POLOFF ABOUT THE SENTENCING. ONE PRIEST SAID HE WOULD BE WILLING TO TALK WITH POLOFF "AFTER SOME TIME HAS PASSED." COMMENT -------------- ¶5. POST BELIEVES THE HARSH SENTENCE MAY HAVE RESULTED UNCLASSIFIED PAGE 04 HO CHI 01201 230453Z IN PART FROM LY'S TESTIMONY TO THE U.S. COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM. THE GOVERNMENT TOLERATES SOME CRITICISM ABOUT CERTAIN POLICIES -- WHEN IT IS MADE CONSTRUCTIVELY AND IN PRIVATE. FATHER LY'S DELIBERATE, PUBLIC CRITICISM OF THE GOVERNMENT -- SENT IN WRITTEN FORM TO A FOREIGN GOVERNMENT ENTITY - LED TO THIS HARSH GVN REACTION. THE 15-YEAR SENTENCE IS SEVERE. IN CONTRAST, POST NOTES THE "RINGLEADER" OF THIS YEAR'S ETHNIC DEMONSTRATIONS IN THE CENTRAL HIGHLANDS RECEIVED A 12-YEAR SENTENCE, AND OTHERS INVOLVED WITH THIS UNREST RECEIVED FAR LESS. YAMAUCHI UNCLASSIFIED