CONVICTION OF Nguyen Vu Binh

UNCLAS HANOI 003373 SIPDIS SENSITIVE STATE FOR EAP/BCLTV and DRL E.O. 12958: N/A TAGS: PHUM PREL PGOV VM HUMANR SUBJECT: CONVICTION OF Nguyen Vu Binh ¶1. (SBU) Activist Nguyen Vu Binh, a former journalist who had pushed for the establishment of a new political party and has criticized Vietnam's border agreement with China, was sentenced after a brief trial on December 31 to seven years in prison and two years administrative detention by the Hanoi People's Court under article of 80 of the Penal Code ("Spying"). (Note: Embassy information comes from sources within Binh's family. AFP separately reported the sentence to include three years administrative detention. End Note) Binh pleaded not guilty to the charges. The trial was closed to the public, press, and foreign diplomats. Binh's wife was allowed to attend, but other family members were barred from the courthouse. Binh was represented by a lawyer of his choosing. As in previous trials, there was heavy police presence, with uniformed and plainclothes police attempting to herd observers as far from the courthouse as possible. Binh's family had indicated that he intends to appeal the conviction. ¶2. (SBU) Embassy had formally requested permission from the court to attend the trial, and Charge also weighed in with the MFA to obtain access. We were not successful, but Poloff and FSN were present at the court building and able to speak with relatives and other activists. ¶3. (SBU) Comment: In the context of the Vietnamese legal system, a seven-year sentence may be seen as lenient; the penal code prescribes a minimum of twelve. Upon appeal, the sentence may be lessened as with Pham Hong Son. The sentence may also set a precedent for the trial of Tran Khue, detained for similar reasons and with his trial expected soon. End Comment ¶4. (U) Embassy Public affairs section has responded to press inquiries with the following language, drawn from cleared language from earlier trials: No individual should be imprisoned solely for the peaceful expression of one's views. The sentencing of Nguyen Vu Binh clearly violates international standards for the protection of human rights, including freedom of expression and freedom of information. The U.S. Embassy sent an officer to the court, but he was unable to gain access to the trial, despite repeated oral and written requests to Vietnamese government officials. The United States reminds the Government of Vietnam of its obligations to fully respect international standards for human rights to which it has freely adhered, including the International Covenant On Civil And Political Rights. It also calls upon the Vietnamese government to respect an individual's rights to fair and open trials, transparency in the judicial process, and access to qualified legal counsel. BELLARD