ADDITIONAL 2002 AMNESTIES

UNCLAS HANOI 002600 SIPDIS STATE FOR EAP/BCLTV AND DRL E.O. 12958: N/A TAGS: PHUM PGOV SOCI VM SUBJECT: ADDITIONAL 2002 AMNESTIES REF: HANOI 2596 ¶1. (U) ON OCTOBER 18, VIETNAMESE STATE PRESIDENT TRAN DUC LUONG OFFICIALLY GRANTED AMNESTY TO 3,069 INMATES FROM UNCLASSIFIED PAGE 02 HANOI 02600 290339Z PRISONS UNDER THE MANAGEMENT OF EITHER THE MINISTRY OF PUBLIC SECURITY OR THE MINISTRY OF NATIONAL DEFENSE. THIS IS IN ADDITION TO THE AMNESTIES FOR 6,223 OTHER PRISONERS (INCLUDING FOURTEEN FOREIGNERS, ONE OF WHOM WAS AN AMERICAN CITIZEN) ON THE OCCASION OF VIETNAM'S NATIONAL DAY ON SEPTEMBER 2 OF THIS YEAR. WHEN ASKED AT A PRESS CONFERENCE WHETHER ANY OF THE AMNESTIES RELATED TO POLITICAL CRIMES, VICE FOREIGN MINISTER NGUYEN PHU BINH PREDICTABLY ASSERTED THAT "THERE ARE NO POLITICAL PRISONERS IN VIETNAM. THOSE WHO ARE REHABILITATED AT CAMPS HAD BROKEN THE LAW AND BEEN TRIED AT COURT." BETWEEN 1990 AND 2001, THE GVN GRANTED AMNESTY TO A REPORTED TOTAL OF 35,259 INMATES, OF WHOM MORE THAN 23,000 WERE RELEASED IN 2000 ON THE OCCASION OF THE 55TH ANNIVERSARY OF THE FOUNDING OF THE SRV. ¶2. (U) ACCORDING TO LOCAL MEDIA, TO QUALIFY FOR AMNESTIES, INMATES MUST HAVE MANAGED TO PAY ALL OF THEIR "BRACKET PENALTIES," WHICH INCLUDE FINES AS WELL AS ANY COMPENSATION FOR THE DAMAGE CAUSED BY THEIR CRIMES. THEY MUST ALSO MEET OTHER CRITERIA OF ELIGIBILITY, SUCH AS GOOD BEHAVIOR AND POLITICAL EDUCATION. A SPECIAL "CENTRAL COMMISSION," CONSISTING OF REPRESENTATIVES FROM THE MINISTRIES OF PUBLIC SECURITY, JUSTICE, AND FOREIGN AFFAIRS AS WELL AS FROM THE OFFICE OF THE PRESIDENT, THE OFFICE OF THE GOVERNMENT, THE SUPREME PEOPLE'S PROCURACY, AND THE SUPREME PEOPLE'S COURT, IS RESPONSIBLE FOR REVIEWING THE PROPOSED LIST OF INMATES CONSIDERED ELIGIBLE FOR AMNESTY AND SUBMITTING ITS RECOMMENDATIONS TO THE STATE PRESIDENT FOR APPROVAL. ¶3. (U) THERE HAVE BEEN UNCONFIRMED REPORTS OF CORRUPTION IN THIS YEAR'S PROCESS. WHILE IN THEORY ALL INFORMATION UNCLASSIFIED PAGE 03 HANOI 02600 290339Z ABOUT POSSIBLE ELIGIBILITY FOR AMNESTY SHOULD BE TREATED AS CLASSIFIED, ALLEGATIONS HAVE SUGGESTED THAT PRISON OFFICIALS SOMETIMES DISCLOSE THE INFORMATION ABOUT "POSSIBLE" ELIGIBILITY TO SPECIFIC INMATES, ESPECIALLY THOSE CHARGED OF DRUG-RELATED OR ECONOMIC CRIMES (WHO ARE DEEMED MORE "FINANCIALLY CAPABLE"),AND SOLICIT BRIBES TO ENSURE THAT THESE APPLICATIONS WILL BE TREATED IN A MORE FAVORABLE MANNER. ACCORDING TO A REPORT FROM INVESTIGATORS AT THE SUPREME PEOPLE'S PROCURACY, ONE INMATE CONVICTED OF A DRUG- RELATED CRIME RECENTLY COMMITTED SUICIDE IN A PRISON IN NORTHERN VIETNAM DUE TO HIS APPARENT DISAPPOINTMENT THAT HIS FAMILY HAD NOT MANAGED TO PAY TO SETTLE HIS "BRACKET PENALTIES," AND HENCE HE WAS STILL NOT ELIGIBLE FOR AMNESTY. INTERESTINGLY, THE NOT USUALLY VERY INVESTIGATIVE LOCAL MEDIA HAS ITSELF RAISED THE QUESTION ABOUT HOW THAT INMATE LEARNED ABOUT HIS POSSIBLE "ELIGIBILITY" IN THE FIRST PLACE. BURGHARDT UNCLASSIFIED