GOING AFTER MORE CORRUPT OFFICIALS

UNCLAS HANOI 002913 SIPDIS E.O. 12958: N/A TAGS: PGOV SOCI VM DPOL SUBJECT: GOING AFTER MORE CORRUPT OFFICIALS REF: A. HANOI 2777 B. HANOI 1485 ¶1. (U) SUMMARY. CONTINUING ITS EFFORTS TO DEMONSTRATE SERIOUSNESS IN AN ANTI-CORRUPTION DRIVE, THE GVN HAS FIRED A PROVINCIAL PEOPLE'S COMMITTEE CHAIRMAN, AND MAY PROSECUTE A UNCLASSIFIED PAGE 02 HANOI 02913 051026Z FORMER CHAIRMAN OF ANOTHER PROVINCE. A SENIOR COURT OFFICIAL HAS ADMITTED PUBLICLY THAT CURRENT PROSECUTIONS ARE ONLY THE TIP OF THE ICEBERG. THE GVN IS APT TO CONTINUE TO MAKE SOME SCAPEGOAT PROSECUTIONS AND HEAVY PENALTIES, INCLUDING THOSE RELATED TO THE UPCOMING "NAM CAM" MAFIA/CORRUPTION TRIALS (NOW DELAYED UNTIL AFTER THE TET HOLIDAYS END IN FEBRUARY),BUT IS UNLIKELY TO MAKE MUCH TRUE PROGRESS IN ERADICATING CORRUPTION. END SUMMARY. ¶2. (U) PRIME MINISTER PHAN VAN KHAI ON NOVEMBER 22 SIGNED THE DISMISSAL OF YEN BAI PROVINCIAL PEOPLE'S COMMITTEE CHAIRMAN HOANG TRONG SOAN. SOAN HAD BEEN IN OFFICE FOR TWO YEARS, QUICKLY MAKING A NAME FOR INITIATING ONE HUNDRED NEW CONSTRUCTION PROJECTS, SUPPOSEDLY IN HONOR OF THE 100TH ANNIVERSARY OF THE FOUNDING OF THE PROVINCE. ACCORDING TO MEDIA REPORTS, HOWEVER, ALLEGATIONS SOON THEREAFTER BEGAN TO FLY THAT SOAN WAS SKIMMING MONEY OFF THE CONSTRUCTION BUDGETS, AS WELL AS GENERALLY FAVORING BUSINESSES CONNECTED WITH HIS OWN FAMILY MEMBERS. SOAN HAS NOT BEEN CHARGED WITH ANY CRIME, HOWEVER; PM KHAI'S DECISION REFERRED ONLY TO "MISTAKES" AND "WRONG-DOING" IN OFFICE. ¶3. (U) LOCAL MEDIA HAS ALSO REPORTED ON AN ONGOING INVESTIGATION IN YEN BAI, ALLEGING THAT THE PROVINCIAL EXPORT-IMPORT COMPANY SPENT UP TO FIVE BILLION VND (USD 333,000) TO BRIBE SOAN AND AS MANY AS 68 OTHER PROVINCIAL AND CENTRAL GVN OFFICIALS. ONE FORMER HIGH-RANKING PROVINCIAL OFFICIAL, DESCRIBED AS CURRENTLY A SENIOR OFFICIAL OF THE STATE INSPECTORATE, REPORTEDLY ALONE RECEIVED A BRIBE OF ABOUT 370 MILLION DONG (ALMOST USD 25,000). AT LEAST TWENTY OFFICIALS FROM YEN BAI PROVINCE UNCLASSIFIED PAGE 03 HANOI 02913 051026Z MAY FACE PROSECUTION FOR INVOLVEMENT IN THIS CORRUPTION CASE, ACCORDING TO LOCAL NEWSPAPERS. ¶4. (U) SEPARATELY, THE MINISTRY OF PUBLIC SECURITY IN NOVEMBER ANNOUNCED THAT IT HAD STARTED A FORMAL CRIMINAL INVESTIGATION AGAINST NGO PHU THO, FORMER CHAIRMAN OF THE DONG THAP PROVINCIAL PEOPLE'S COMMITTEE, ON CHARGES OF "IRRESPONSIBILITY" REGARDING A SMUGGLING CASE. AT A TRIAL IN JULY, PROSECUTORS HAD FORMALLY REQUESTED THAT CHARGES BE FILED AGAINST THO, WHICH WAS REFUSED DESPITE A REPORT OF THE SUPREME PEOPLE'S COURT CRITICIZING THE INVESTIGATION OFFICE FOR ITS FAILURE TO PROSECUTE THO IN THE FIRST PLACE. ¶5. (U) AT THE ONGOING SESSION OF THE NATIONAL ASSEMBLY, GENERAL PROCURATOR HA MANH TRI PUBLICLY CITED SEVERE DIFFICULTIES IN DEALING WITH CORRUPTION CASES, CLAIMING A "LACK OF ADEQUATE EVIDENCE" DESPITE CLEAR INDICATIONS OF "THOUSANDS" OF CORRUPTION CASES. SUPREME PEOPLE'S COURT PRESIDING JUDGE NGUYEN VAN HIEN, SPEAKING TO PRESS RECENTLY, EXPRESSED DISAPPOINTMENT THAT THE "308 CORRUPTION CASES" UNDER TRIAL SO FAR OR HAVING BEEN TRIED ALREADY BY THE COURT SYSTEM ONLY "REPRESENTED A TINY NUMBER" OF THE TOTAL CASES. JUDGE HIEN CALLED FOR ALL LEGAL ENFORCEMENT AGENCIES, ESPECIALLY THE PROCURACY AND THE POLICE, TO BE STRICTER IN DEALING WITH CORRUPTION CASES, AND TO USE LEGAL REMEDIES INSTEAD OF CONTINUING THE CURRENT PRACTICE OF PRIMARILY APPLYING ONLY ADMINISTRATIVE PUNISHMENTS AGAINST CORRUPT OFFICIALS. ¶6. (U) COMMENT: WITH THESE RECENT ACTIONS AS WELL AS THE ONGOING INDICTMENTS AND UPCOMING TRIALS OF AT LEAST 155 UNCLASSIFIED PAGE 04 HANOI 02913 051026Z OFFICIALS INVOLVED IN THE NAM CAM MAFIA/CORRUPTION CASE (REFTELS) -- WHICH HAS NOW BEEN POSTPONED UNTIL AT LEAST MID- FEBRUARY -- THE GVN IS TRYING TO DEMONSTRATE A WILLINGNESS TO COMBAT CORRUPTION AT ALL LEVELS. DEPUTY PRIME MINISTER NGUYEN TAN DUNG, HOWEVER, RECENTLY PUBLICLY DRESSED DOWN A SENIOR POLICE OFFICIAL FOR SUGGESTING THAT OFFICIALS ABOVE THE DEPUTY MINISTER LEVEL MAY BE INVOLVED IN THE NAM CAM CASE AND MIGHT FACE PROSECUTION; THE POLICE OFFICIAL SUBSEQUENTLY CLAIMED TO HAVE BEEN MISQUOTED. PUNISHMENT AND PROSECUTIONS OF CORRUPT OFFICIALS ARE WELCOME STEPS, BUT ARE UNLIKELY TO BE SUCCESSFUL EITHER IN MAKING GENUINE PROGRESS TOWARD ERADICATING OFFICIAL CORRUPTION OR IN CONVINCING THE PUBLIC THAT THE GVN IS TRULY SERIOUS IN THIS EFFORT. BURGHARDT UNCLASSIFIED