ACTIVIST CHARGED WITH "SPY ACTIVITIES"

C O N F I D E N T I A L SECTION 01 OF 02 HANOI 001787 SIPDIS STATE FOR EAP/BCLTV AND DRL E.O. 12958: DECL 07/16/2012 TAGS: PHUM PGOV PINS VM HUMANR SUBJECT: ACTIVIST CHARGED WITH "SPY ACTIVITIES" ¶1. (U) CLASSIFIED BY POL/C SCOTT BELLARD, REASON 1.5(D) ¶2. (C) THE MINISTRY OF FOREIGN AFFAIRS (MFA) CONFIDENTIAL PAGE 02 HANOI 01787 01 OF 02 160910Z INTERNATIONAL ORGANIZATIONS DEPARTMENT REPLIED BY FAX ON JULY 15 TO EMBASSY'S INFORMAL APRIL 3 REQUEST FOR INFORMATION ABOUT THE STATUS OF DR. PHAM HONG SON. (PRESS REPORTS HAD CLAIMED SON HAD BEEN ARRESTED AFTER HAVING TRANSLATED A DOCUMENT ENTITLED "WHAT IS DEMOCRACY" FROM THE U.S. EMBASSY WEBSITE.) ACCORDING TO THE REPLY (TEXT IN PARA 5),DR. SON IS ACCUSED OF "SPY ACTIVITIES" -- INCLUDING TAKING MONEY FROM ANTI- SRV GROUPS OVERSEAS IN EXCHANGE FOR STATE SECRETS -- AND IS UNDER FOUR MONTHS OF "TEMPORARY DETENTION" WHILE THE GVN INVESTIGATES HIM. ¶3. (C) POLOFF CALLED SON'S WIFE, VU THUY HA, ON JULY 15 TO INFORM HER OF THE MFA'S RESPONSE AND ASKED HER HOW MUCH SHE ALREADY KNEW OF ITS CONTENTS. SHE REPLIED THAT SHE AWARE OF MOST OF THE POINTS MENTIONED, BUT SAID THAT SHE WAS NOT SURE THAT SHE UNDERSTOOD ALL OF THE DETAILS. HOWEVER, SHE DENIED THAT HER HUSBAND HAD COLLECTED INFORMATION AGAINST THE STATE OR THAT HE HAD TAKEN MONEY TO DO ANYTHING AGAINST THE STATE, EMPHASIZING THAT HER HUSBAND IS "AN HONEST MAN." SHE SAID THE WAS LOOKING FORWARD TO THE JULY 27 EXPIRATION OF DR. SON'S TEMPORARY DETENTION AND NOTED THAT THE AUTHORITIES WOULD HAVE TO MAKE A DECISION ABOUT HIM BY THEN. MRS. HA REQUESTED EMBASSY'S ASSISTANCE "TO PUSH FOR A POSITIVE OUTCOME" FOR HER HUSBAND. ¶4. (C) COMMENT: THE CHARGE AGAINST DR. SON IS QUITE SERIOUS, BUT IT DOES NOT APPEAR TO BE RELATED TO HIS TRANSLATION OF PAS DOCUMENTS AVAILABLE ON THE CONFIDENTIAL PAGE 03 HANOI 01787 01 OF 02 160910Z INTERNET, OR TO THE LETTERS HE POSTED ON THE INTERNET ABOUT POLICE TREATMENT OF ACTIVISTS, INCLUDING HIMSELF, IN THE DAYS BEFORE POLICE DETAINED HIM. DR. SON, AS A REPRESENTATIVE FOR A FOREIGN PHARMACEUTICAL COMPANY IN VIETNAM, PRESUMABLY WOULD HAVE HAD LEGITIMATE CURRENCY TRANSACTIONS AS WELL AS ORDINARY BUSINESS INSTRUCTIONS FROM THAT COMPANY AND PERHAPS OTHER OVERSEAS ENTITIES. ON A MORE POSITIVE NOTE, IT IS REMARKABLE THAT THE MINISTRY OF PUBLIC SECURITY REPLIED VIA THE MFA, ALBEIT SLOWLY, TO OUR REQUEST FOR INFORMATION ABOUT A VIETNAMESE CITIZEN CURRENTLY UNDER INVESTIGATION. END COMMENT. TEXT OF INFORMAL MFA STATEMENT -------------- ¶5. (U) SUBJECT: INFORMATION ON THE CASE OF PHAM HONG SON THE DEPARTMENT OF INTERNATIONAL ORGANIZATIONS, MOFA WOULD LIKE TO FORWARD YOU THE INFORMATION THAT WE HAVE JUST RECEIVED FROM THE MINISTRY OF PUBLIC SECURITY CONCERNING THE CASE OF PHAM HONG SON AS FOLLOWS: DURING THE RECENT TIME, SON OFTEN GOT IN TOUCH WITH THOSE WORKING FOR HOSTILE ANTI-VIETNAM ORGANIZATIONS. HE RECEIVED INSTRUCTIONS FROM THESE ORGANIZATIONS TO "BUILD THE FORCES AND WAIT FOR THE RIGHT OPPORTUNITY." HE PERSONALLY REQUESTED OVERSEAS SUPPORT "SUBSTANTIALLY AND FINANCIALLY IN ORDER TO UNDERMINE AND OVERTHROW THE STATE OF VIETNAM." COUNTED AS FAR CONFIDENTIAL PAGE 04 HANOI 01787 01 OF 02 160910Z AS LATE 2001, SON HAS COLLECTED AND PROVIDED INFORMATION CONTAINING STATE SECRETS FOR OVERSEAS ORGANIZATION TO USE, PROPAGATE, DISTORT AND UNDERMINE THE STATE OF VIETNAM. SON REPEATEDLY RECEIVED MONEY FROM OVERSEAS HOSTILE ORGANIZATIONS TO TRANSFER HOSTILE SUBJECTS IN THE COUNTRY (NOTE: MEANING UNCLEAR. END NOTE.). WITH THOSE ACTIVITIES, HE HAS VIOLATED ARTICLE 89, PARAGRAPH 1C OF THE PENAL CODE OF VIETNAM FOR "PROVIDING OR COLLECTING TO PROVIDE INFORMATION CONTAINING STATE SECRETS TO FOREIGN SUBJECT; COLLECTING, PROVIDING OTHER INFORMATION AND MATERIALS AIMING AT GIVING FOREIGNERS A MEANS TO USE AGAINST THE STATE OF VIETNAM." ON 27TH MARCH, 2002, THE INVESTIGATION AND SECURITY AGENCY, MINISTRY OF PUBLIC SECURITY ISSUED THE ORDER TO ARREST SON. ON 2ND APRIL, 2002, SON WAS PROSECUTED ON CHARGE (NOTE: PROBABLE MEANING: CHARGED. END NOTE.) OF SPY ACTIVITIES AND WAS PUT UNDER 4 MONTHS TEMPORARY DETENTION (WITH THE APPROVAL OF THE PEOPLE'S SUPREME PROCURACY) IN THE INVESTIGATING DURATION. SON IS NOW OBSERVING HIS TEMPORARY DETENTION AND ENJOYING ALL THE LEGAL PROCEDURES APPLIED FOR DEFENDANTS. (END MFA TEXT.) CONFIDENTIAL CONFIDENTIAL PTQ4360 PAGE 01 HANOI 01787 02 OF 02 160910Z ACTION EAP-00 INFO LOG-00 NP-00 AID-00 AMAD-00 ACQ-00 CIAE-00 DINT-00 DODE-00 DOEE-00 SRPP-00 DS-00 EB-00 FBIE-00 VC-00 H-01 TEDE-00 INR-00 IO-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00 NSCE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-00 DRL-02 G-00 NFAT-00 SAS-00 /009W -------------- CBB747 160911Z /38 R 160859Z JUL 02 FM AMEMBASSY HANOI TO SECSTATE WASHDC 7038 INFO AMEMBASSY VIENTIANE AMEMBASSY PHNOM PENH USCINCPAC HONOLULU HI C O N F I D E N T I A L SECTION 02 OF 02 HANOI 001787 SIPDIS STATE FOR EAP/BCLTV AND DRL BURGHARDT CONFIDENTIAL