Vietnam Moves to Abolish Decree 31

UNCLAS HANOI 003018

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DEPT PASS TO EAP/MLS; DRL/AWH

E.O. 12958: N/A
TAGS: PREL PHUM SOCI VM
SUBJECT: Vietnam Moves to Abolish Decree 31



1. (SBU) Summary and Comment: On December 14, the National Assembly
Standing Committee passed a resolution supporting a GVN proposal to
abolish Decree 31, the measure that provides for "administrative
detention" of those whose actions do not merit prosecution under the
criminal code. Provided the decree is indeed lifted (and nothing
takes its functional place),this is welcome news: we have long
called on the GVN to abolish Decree 31 and lift its restrictions on
individuals of concern such as UBCV monk Thich Quang Do.


2. (SBU) Our initial understanding is that those who are under
court-ordered house arrest ("administrative surveillance") following
their release from prison, such as Father Nguyen Van Ly and Pham
Hong Son, will not benefit from Decree 31's abolition. Mission
Vietnam will follow up with both the GVN and our individuals of
concern to gauge when and to what extent Decree 31 and its related
restrictions are indeed abolished. End Summary and Comment.


3. (SBU) According to the National Assembly's resolution supporting
the abolition of Decree 31, from January 1, 2007, the GVN will no
longer use administrative detention. Instead, authorities will rely
on the judicial process to mete out punishment for actions
identified in law as crimes. Furthermore, as of January 1, pending
administrative detention orders will be cancelled, and existing
administrative detentions will be lifted.


4. (SBU) Based on Decree 31, administrative detention is imposed on
individuals whose acts violated the law and harmed the nation's
interests, but were not serious enough to be charged under the
criminal code. Minister of Justice Uong Chu Luu told the press
December 14 that there were "many reasons" for ending administrative
detention. For example, the denial of law violators' rights through
an administrative decision is legally problematic. Furthermore, the
implementation of the regulation has been "difficult." "In the
context of Vietnam's judicial reform and in accordance with
international norms, such denial should be made through judicial
proceedings to protect citizens' rights," Minister Luu added.


5. (SBU) Comment: According to government sources quoted in the
press, "very few" (197) people have faced administrative detention
since 1997. That said, many individuals of concern to the USG, such
as Unified Buddhist Church of Vietnam (UBCV) monk Thich Quang Do,
are under "pagoda arrest" because of this measure. Provided there
is no functional replacement for Decree 31, the announcement that
the GVN is moving forward its abolition is welcome news. However,
other individuals of concern who are under "house arrest" as part of
their original judicial sentencing, such as Pham Hong Son and Father
Ly, will not benefit from this change.

MARINE