THOAI SON INCIDENT REVISITED

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000494 SIPDIS STATE FOR EAP/BCLTV AND EAP/PD/JMARTIN STATE ALSO FOR DRL/IRF CINCPAC FOR FPA SECDEF FOR ISA/EA/LSTERN UNCLASSIFIED PAGE 02 HO CHI 00494 01 OF 02 270356Z E.O. 12958: N/A TAGS: PHUM KIRF VM SUBJECT: THOAI SON INCIDENT REVISITED REF: 00 HCMC 0640 ¶1. SUMMARY: REFTEL REPORTED THAT ON MARCH 11, 2000, POLICE ARRESTED THIRTEEN HOA HAO BELIEVERS IN THOAI SON DISTRICT, AN GIANG PROVINCE. EIGHT WERE RELEASED AFTER QUESTIONING; THE OTHER FIVE EVENTUALLY RECEIVED PRISON SENTENCES RANGING FROM 12 MONTHS TO 30 MONTHS. THE NAMES OF THE FIVE IMPRISONED HAVE BEEN INCLUDED IN MISSION'S HUMAN ANNUAL RIGHTS REPORT AND ANNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM. HOWEVER, IT NOW APPEARS THE CASE MAY NOT BE SO CLEAR CUT. SUBSEQUENT CONVERSATIONS WITH PERSONS FAMILIAR WITH THE INCIDENT HAVE LED MISSION TO BELIEVE THE ARRESTS RESULTED PRIMARILY FROM A FIGHT WITH POLICE FOLLOWING A RIVER TRAFFIC VIOLATION. THE SENTENCES HANDED DOWN IN THE CASE, THOUGH STIFF, ARE WITHIN THE ALLOWABLE RANGE UNDER VIETNAMESE LAW FOR A FIGHT WITH POLICE. BECAUSE THE CIRCUMSTANCES OF THE ALTERCATION ARE AMBIGUOUS, AND IN THE ABSENCE OF FURTHER INFORMATION, WE BELIEVE THIS SHOULD NOT BE CONSIDERED A HUMAN RIGHTS OR FREEDOM OF RELIGION CASE. END SUMMARY. ¶2. REFTEL REPORTED THAT 13 PERSONS WERE ARRESTED ON MARCH 11, 2000 IN CONNECTION WITH THE CONTROVERSIAL DEATH ANNIVERSARY OF HOA HAO FOUNDER HUYNH PHU SO. EIGHT OF THE THIRTEEN WERE RELEASED AFTER QUESTIONING. FIVE OTHERS WERE TRIED AND SENTENCED AS FOLLOWS: UNCLASSIFIED PAGE 03 HO CHI 00494 01 OF 02 270356Z VO THANH LIEM (VO VAN LIEM) SENTENCED TO 30 MONTHS ON MAY 26, 2000 CURRENTLY IN CHAU BINH REEDUCATION CAMP, BEN TRE PROVINCE. NGUYEN VAN DIEN (BAY DIEN) SENTENCED TO 20 MONTHS ON MAY 26, 2000 CURRENTLY IN CHAU BINH REEDUCATION CAMP, BEN TRE PROVINCE. VO VAN HAI SENTENCED TO 12 MONTHS ON MAY 26, 2000 HAI HAS ALREADY BEEN RELEASED HAVING SERVED OUT THE TERM OF HIS SENTENCE, WHICH WAS RETROACTIVE TO THE DATE OF ARREST, MARCH 11. NGUYEN VAN HOANG SENTENCED TO 24 MONTHS ON JUNE 24, 2000 CURRENTLY IN CHAU BINH REEDUCATION CAMP, BEN TRE PROVINCE. LE VAN NHUOM (NGUYEN VAN NHUOM) SENTENCED TO 30 MONTHS ON JUNE 24, 2000 CURRENTLY IN XUAN LOC Z30 K2 PRISON, DONG NAI PROVINCE. (NOTE: A SIXTH PERSON, LE HUU HOA (LE VAN HOA) WAS ARRESTED ON MAY 26, 2000, IN CONNECTION WITH THIS INCIDENT AND WAS ALSO LISTED IN OUR HUMAN RIGHTS AND RELIGIOUS FREEDOM REPORTS. WE HAVE LEARNED THAT HE WAS RELEASED FROM DETENTION AT THE END OF JANUARY, WITHOUT HAVING GONE TO TRIAL. END NOTE.) WHAT REALLY HAPPENED - OFFICIAL HOA HOA COMMITTEE UNCLASSIFIED PAGE 04 HO CHI 00494 01 OF 02 270356Z -------------- -------------- ¶3. ON FEBRUARY 13, POLOFF MET WITH SEVERAL MEMBERS OF THE GOVERNMENT SANCTIONED HOA HAO ADMINISTRATIVE COMMITTEE IN AN GIANG PROVINCE. THE THOAI SON INCIDENT WAS ONLY ONE OF A NUMBER OF TOPICS COVERED DURING THE MEETING, BUT WAS THE SUBJECT OF GREATEST ENTHUSIASM AMONG THE COMMITTEE MEMBERS. THEY SAID THERE WAS INDEED A DEATH ANNIVERSARY INVOLVED, BUT IT WAS THAT OF A FAMILY MEMBER, NOT OF THE HOA HAO FOUNDER. MANY PERSONS HAD COME TO THE HOME TO PARTICIPATE IN THE DEATH ANNIVERSARY COMMEMORATION. AFTERWARDS, MANY OF THE ATTENDEES DEPARTED BY BOAT. RIVER TRAFFIC POLICE ATTEMPTED TO STOP THE BOAT, WHICH WAS OVERLOADED WITH PEOPLE. THE PERSONS DRIVING THE BOAT REFUSED TO STOP AND QUARRELED WITH THE POLICE. THEY OVERTURNED THE POLICE BOAT AND THEN CONTINUED ON THEIR WAY WITHOUT TRYING TO ASSIST THE POLICEMEN WHO HAD FALLEN INTO THE RIVER. LATER, THE POLICE WENT TO THE HOME TO ARREST THE PERSONS RESPONSIBLE. A QUARREL AND FIGHTING ENSUED AT THE HOME, AND POLICE ENDED UP ARRESTING THIRTEEN PERSONS, RELEASING EIGHT AFTER QUESTIONING, AND DETAINING THE OTHER FIVE. THE COMMITTEE MEMBERS SAID THE ENTIRE STORY CAME OUT DURING THE TRIAL, AND THAT THE DEFENDANTS ADMITTED TO OVERCROWDING THE BOAT. WHAT REALLY HAPPENED - HOA HAO DISSIDENT -------------- ¶4. LE QUANG LIEM, A DISSIDENT HOA HAO ELDER GAVE POLOFF HIS VERSION OF THE THOAI SON INCIDENT ON MARCH 14. LIEM SAID THE INCIDENT SHOULD BE TAKEN IN THE CONTEXT OF ONGOING POLICE INTIMIDATION OF HOA HAO FOLLOWERS FOR THE PAST 25 YEARS. POLICE TREAT HOA HAO BELIEVERS CRUELLY, ACCORDING TO LIEM, AND THE HOA HAO IN TURN HATE THE POLICE. BECAUSE POLICE PREVENT HOA HAO FOLLOWERS FROM GATHERING IN LARGE NUMBERS, FAMILY DEATH ANNIVERSARIES (WHERE IT IS NOT UNUSUAL FOR MORE THAN A HUNDRED PERSONS TO GATHER) ARE OFTEN A FOCAL POINT FOR CONFRONTATION WITH POLICE. THAT SAID, LIEM ADMITTED THAT IN FACT, THE BOAT WAS OVERCROWDED WITH 50 TO 70 PEOPLE ON BOARD. THE HOA HAO BOAT TRIED TO STOP WHEN ORDERED, SAID LIEM, "BUT A BOAT DOES NOT HAVE BRAKES." THE POLICE RIVER PATROL BOAT, A MUCH SMALLER VEHICLE, CUT IN FRONT OF THE LARGER BOAT WHICH THEN RAMMED IT AND OVERTURNED IT. ACCORDING TO LIEM, THE HOA HAO BOAT DID NOT STOP BECAUSE THE PEOPLE ON BOARD WERE AFRAID. COMMENT UNCLASSIFIED PAGE 03 HO CHI 00494 02 OF 02 270356Z -------------- ¶5. EVEN GIVEN POSSIBLE POLICE INTIMIDATION, IT APPEARS TO MISSION THAT THE FACTS OF THE THOAI SON INCIDENT SUGGEST THIS CASE WAS MORE ABOUT AN ALTERCATION BETWEEN POLICE AND AN OVERCROWDED BOAT THAN A VERIFIABLE CASE OF VIOLATION OF RELIGIOUS FREEDOM. THE SENTENCES HANDED DOWN FOR SKIRMISHING WITH POLICE ARE WITHIN THE RANGE OF PUNISHMENT IN VIETNAM LAW. GIVEN THE AMBIGUITIES, WE BELIEVE WE WOULD NEED TO OBTAIN FURTHER CONFIRMATION BEFORE CONSIDERING THIS A CASE OF A VIOLATION OF HUMAN RIGHTS OR RELIGIOUS FREEDOM. WE WILL CONTINUE TO SEEK TO OBTAIN FURTHER INFORMATION. IN THE MEANTIME, PLACING EMPHASIS ON A CASE THAT ON ITS FACE APPEARS TO BE MORE ABOUT A TRAFFIC VIOLATION RISKS DILUTING OUR CREDIBILITY ON MORE CLEAR-CUT CASES OF HUMAN RIGHTS VIOLATIONS. END COMMENT. RAY UNCLASSIFIED