PASTOR TRUONG STILL IN THE ASYLUM -- ACTION REQUEST

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000816

SIPDIS

SENSITIVE

DEPARTMENT FOR EAP/BCLTV, DRL/IRF, DRL

E.O. 12958: N/A
TAGS: PHUM SOCI PREL PGOV KIRF VM
SUBJECT: PASTOR TRUONG STILL IN THE ASYLUM -- ACTION REQUEST

REF: A) Hanoi 1781; B) Hanoi 1434 (notal); C) Hanoi 1389;
D) HCMC 581 E) Hanoi 1379 F) HCMC 493


1. (U) This is an action request which has been cleared by
Embassy Hanoi. Please see paragraph 7.


2. (SBU) Baptist Pastor Than Van Truong remains confined in
the criminal ward of Central Mental Hospital #2 in Dong Nai
province with no resolution of his case in sight. Over the
past month, Dong Nai officials have hardened their stance
and now appear unwilling to release him. According to
Truong's lawyer Nguyen Van Dai and Truong's former attending
physician in the hospital (both strictly protect),in June,
the hospital had concluded that Truong was "healthy enough
to be treated at home" and recommended his release. At that
time, the hospital director reportedly had told Dai that
Truong had the mental capacity to be responsible criminally
and it was not necessary to continue forced medical
treatment measures. The Director said that he would propose
to the Prosecutor's office to release the Pastor. Two weeks
later, the Director told Dai that he had reported to the
Dong Nai Prosecutor only that "Truong had made some
progress." The Prosecutor then ordered that treatment be
continued until Truong had "recovered fully." Separately,
on June 27, the Chairman of the Dong Nai People's Committee
responded to a ConGen inquiry writing that: "Than Van Truong
is a Vietnamese citizen who violated Vietnamese law. His
mandatory medical treatment strictly follows procedures set
by law."


3. (SBU) In July, Dai said he spent a week in Dong Nai
seeking a meeting with the Prosecutor, but was rebuffed.
According to Dai, the Prosecutor also separately refused to
meet Truong's wife on July 27. On the recommendation of
Dai, Truong's wife filed a motion in the Dong Nai criminal
courts challenging the October 2004 decision to
involuntarily commit the pastor. He does not hold hope that
this legal gambit will succeed, however.


4. (SBU) On July 5, ten leaders of the Protestant house
church community visited Truong at the hospital. One of the
pastors, Pham Dinh Nhan (strictly protect),told us that
they had spent nearly three hours meeting and praying with
Truong. (Dai forwarded us digital pictures of the pastors'
meeting with Truong.) According to Nhan, the pastors were
convinced that Truong showed no signs of mental illness and
agreed to petition the GVN and Dong Nai authorities
requesting Truong's release. Nhan added that several days
after his visit, other pastors visited Truong at the
hospital and reportedly saw a notice reading "no pictures,
no prayer."


5. (SBU) We understand from a British colleague that in late
June Truong was placed on the EU list of prisoners and
detainees of concern. Following that decision, the British
requested the MFA to facilitate a meeting between its
EmbOffs and Truong, but the MFA has not yet replied.
Separately, Dai added that in July he also briefed a
visiting German human rights rapporteur in Hanoi, who
promised to raise the Truong case with the GVN.


6. (SBU) Mission officers have repeatedly raised Truong's
case at all levels of the GVN. The Ambassador raised it most
recently with Assistant FM Nguyen Duc Hung on July 28;
previously he raised the case with Vice Foreign Minister Le
Van Bang on July 11 (ref A). On June 14, the Ambassador had
a lengthy exchange on Truong's case with Vice Minister of
Public Security Nguyen Van Huong (ref B) in which Huong
stated that Truong's continued confinement was a "health
official's decision" and that the GVN "does not use mental
hospitals to address security issues." Recent developments
appear to contradict VM Huong's assurances to the
Ambassador.


7. (SBU) Action Request: Dai believes that he has no
further legal or lobbying options that he can pursue in Dong
Nai. In light of the lack of progress in securing Truong's
release, Mission believes a Washington approach is now
warranted. Mission requests the Department express to the
Vietnamese Embassy in Washington our concerns over the
Truong case. Possible talking points are provided below.


8. (SBU) Begin Talking Points:

-- There is a situation in Dong Nai Province that we want to
bring to your attention as it has been attracting the
attention of an increasing number of Americans, including
Members of Congress.

-- This is a case involving Than Van Truong, who was
involuntarily committed to a mental institution in Dong Nai,
apparently for the peaceful expression of his religious and
political beliefs.

-- In July 2004, Truong's wife was informed that he had been
taken to a mental hospital for diagnosis.

-- On September 30, 2004, the Ministry of Public Security in
Dong Nai and the provincial prosecutor's office
administratively ordered that Truong be admitted to the
criminal ward of Bien Hoa Mental Hospital.

-- Officials in Dong Nai have confirmed to our Consulate in
Ho Chi Minh City that Truong is not violent, nor does he
pose a threat to himself, his family, or to others. We
understand that medical professionals have concluded that
Truong does not need to be in a mental institution.

-- We want to continue to focus on the positive following
the very successful visit of the PM to the United States.
This means that we need to work quickly and effectively
together to resolve areas of dispute whenever possible
before they become a more serious and publicly contentious
issue.

-- In the case of Truong, we urge that he be released
promptly and unconditionally, lest his continued confinement
lead an increasing number of Americans and other
international observers conclude that he is only being
punished -- by being detained in a mental institution -- for
having peacefully expressed his religious and political
views.

End Talking Points.

CHERN