HUMAN RIGHTS LAWYERS NGUYEN VAN DAI AND LE THI

UNCLAS SECTION 01 OF 04 HANOI 000872 SIPDIS SENSITIVE SIPDIS STATE FOR EAP/MLS AND DRL/AWH E.O. 12958: N/A TAGS: PHUM PREL PGOV ASEC VM SUBJECT: HUMAN RIGHTS LAWYERS NGUYEN VAN DAI AND LE THI CONG NHAN SENTENCED TO PRISON REFS: A) HANOI 752 B) HANOI 839 ¶1. (SBU) Summary: On May 11, the Hanoi People's Court sentenced democracy activists Nguyen Van Dai and Le Thi Cong Nhan to five and four year prison terms, respectively, for "distributing propaganda against the State." The trial, which lasted four hours, was orderly. Journalists and the diplomatic community, including Embassy Poloff, viewed the trial on closed-circuit television in a room near the courtroom. The prosecutionQs case revolved largely around documents confiscated from DaiQs law office, "democracy and human rights" lectures by both lawyers, participation in the pro-democracy Bloc 8406 and relations with the Bloc's convicted "ringleader" Nguyen Van Ly, and contact with "foreign reactionary elements," including U.S.-based NGO Boat People SOS (BPSOS) and international media outlets. Despite a brilliant attempt by energetic 80-year old defense attorney Tran Lam to take apart the government"s "weak legal case," the outcome was pre- determined and sentences fell within the prosecutionQs guidelines. Local and international media were riveted on the young, dynamic lawyer Nhan, while Dai made a futile attempt to deny any "anti-State" or inappropriate activities. End Summary. FIVE AND FOUR YEAR SENTENCES -------------- ¶2. (SBU) Despite an exceptional defense by their private defense lawyer, the renowned 80-year old Tran Lam, Hanoi- based human rights lawyers Nguyen Van Dai and Le Thi Cong Nhan were sentenced to five years in prison (with four years probation) and four years in prison (with three years probation),respectively, by the Hanoi PeopleQs Court on May 11. The prosecutor had recommended a five to six year sentence for Dai and four to five year sentence for Nhan. In a summary of the governmentQs case, presiding judge, Nguyen Huu Chinh, concluded that both Dai and Nhan knowingly violated Article 88 of the GVN criminal code, distributing propaganda against the State; were members of the dissident Bloc 8406 led by Nguyen Van Ly; taught classes to students that "spoke ill" of the Communist Party of Vietnam (CPV),Ho Chi Minh, and the GVN leadership; advocated civil disobedience; and had contact with foreign "reactionary" organizations including U.S.-based Boat People SOS (BPSOS) and numerous media outlets. Issues related to internet freedom and political expression figured prominently in the trial. ¶3. (SBU) The Court allowed one Embassy representative and FSN interpreter, as well as other representatives from the diplomatic community and members of the press, to watch the proceedings in a nearby room via closed-circuit TV. Diplomatic representatives were not allowed into the courtroom. Dai's wife, Vu Minh Khanh, was present in the courtroom and took copious notes. It was unclear if there were family members of Le Thi Cong Nhan present. Both defendants were brought into the courtroom in handcuffs. 37-year old Dai appeared relatively relaxed in a white button shirt and slippers, whereas 28-year old Le Thi Cong Nhan was serious, fidgety and apparently sick and coughing. Local and international media present took particular interest in Le Thi Cong Nhan, known for her fiery spirit and sharp wit. THE GOVERNMENT'S CASE -------------- ¶4. (SBU) The governmentQs case against both defendants relied heavily on documents and files from computers confiscated in Dai's law office and the testimony of three student witnesses who took "human rights and democracy classes" given by Dai and Nhan. Participation in Bloc 8406, the Vietnam Progression Party, and relations with the jailed, reported "ringleader" of Bloc 8406, Nguyen Van Ly, were also raised by the prosecution. In front of the judge was a table with several "confiscated computers" on it as "evidence of criminality." "Confiscated" documents used by the prosecution included: the "Charter of Bloc 8406;" the "Declaration on Human Rights for Vietnam;" a "Freedom of Speech" document; a document on the "Situation in Vietnam with regard to Judicial Mistakes;" an article authored by Le Thi Cong Nhan on "The Truth About Decree 31 (Vietnam's law on administrative probation which was repealed earlier this year);" a "Declaration on Democracy for Vietnam" document; a letter to a Viet Kieu (overseas Vietnamese) HANOI 00000872 002 OF 004 activist, Mr. Dung, in Germany; a booklet that "criticized Ho Chi Minh;" and the underground "Freedom and Democracy Journal." ¶5. (SBU) The prosecutor did not discuss at length the defendants' relationships with foreign governments, despite the fact that several pre-trial media articles had cited DaiQs alleged funding from the reportedly California-based Viet Tan "terrorist" organization, as well as relations with the U.S. Embassy, National Endowment for Democracy, and several EU governments. The judge concentrated on Dai's contacts with media outlets such as BBC News and Radio France Internationale (RFI). In an interesting exchange, when the judge asked Dai why he had sent certain documents to BBC News instead of debating the issue here in Vietnam, Dai replied, "I did not believe I would be allowed to do so." The judge later cited Dai's relationship with US-based NGO BPSOS, referring to it as a "foreign reactionary organization." ¶6. (SBU) Three students, the government's "star witnesses," testified (with Dai and Nhan outside the courtroom but their defense lawyer present) that Dai and Nhan "gave them classes on human rights and democracy" and "the meaning of democracy." Under questioning by the judge, the students each stated that Dai and Nhan heavily criticized the Communist Party of Vietnam (CPV) and the GVN leadership, "in a spirited manner," and advocated civil disobedience. One student said that Dai "promised her a job" and travel opportunities. DAI ADOPTED STRATEGY OF DISAVOWAL -------------- ¶7. (SBU) During more than one hour of hard and direct questioning by the judge, Dai (with Nhan taken out of the courtroom) took a strategy of evading, denying and disavowing. He tried to protect his law office associates, stating that they were just "trainees working for me" and not bar-approved lawyers. He also stated that Nhan was never "part of his staff," just a professional collaborator. According to Dai, earlier statements he had made to the Ministry of Public Security (MPS) during the investigation phase of his case were made under duress. ¶8. (SBU) Dai denied being the editor of the "Freedom and Democracy Journal" and a member of Bloc 8406. He said he was invited to become a member of the "Freedom and Democracy Movement for Vietnam," but declined to participate. He denied being the author of several documents, saying he either got the documents from friends or downloaded them from the Internet including the "Declaration on Democracy for Vietnam." Dai claimed he only downloaded widely-used documents from the Internet, based on universally-accepted international norms and conventions. He said his class teachings, which he "financed out of his own pocket," were academic and theoretical and did not involve current politics and leadership. He said he did not believe he was doing anything wrong. He said he knew Nguyen Van Ly but only as a fellow Christian (Dai is a declared Protestant). The judge tried to get Dai to take responsibility for all the documents in his four staff-member office, but Dai refused, saying that although he was head of the office and responsible for his staff from a personnel management point of view, he was "not responsible" for all the articles that members of his staff may have downloaded or wrote. He also said he "never signed off on" any of the international media articles that quoted him. NHAN TAKES HONEST, DIRECT APPROACH -------------- ¶9. (SBU) Under twenty-minutes of direct questioning from the judge, a visibly nervous, soft-spoken, and serious Le Thi Cong Nhan (with Dai outside the courtroom) answered the judgeQs questions openly and directly. Media present were riveted on her every word. Describing her background, Nhan said that she had been "sacked as Secretary of the Hanoi Bar Association for reasons she still does not understand;" that she was indeed an "ordinary member" of Bloc 8406; that she was the spokesperson for the Vietnam Progression Party (VPP); that she did write the article "The Truth about Decree 31" and did download from the internet a Bloc 8406 article "advocating the boycotting of the May 20 National Assembly elections." HANOI 00000872 003 OF 004 ¶10. (SBU) Nhan admitted to several interviews with foreign media correspondents; writing documents related to specific legal cases she was handling; and meeting Nguyen Van Ly on vacation in Hue in summer 2006 and also Ly associate Nguyen Nhu Phong. She said that she was not an individual member of the "Vietnam Alliance on Democracy" but that she was associated with the movement through the VPP's group membership, and that she was not a member of the International Labor Union of Vietnam (ILUV) but did provide the labor union with legal counsel. Citing a need to abbreviate the trial due to the defendants' "illnesses," the judge did not allow Nhan to be cross-examined by defense attorney Lam. Nhan later stated that this was "unjust" and that she had committed no crimes. 80-YEAR OLD DEFENSE ATTORNEY BLOWS APART GOVERNMENT CASE -------------- -------------- ¶11. (SBU) 80-year old Haiphong-based defense attorney Tran Lam (known for his defense of dissidents Pham Hong Son and Nguyen Khach Toan) systematically blew apart the governmentQs case, arguing that the government could perhaps prosecute the defendants on political grounds, but not on legal grounds, citing loose circumstantial evidence. The presiding judge attempted to silence him on numerous occasions, but he made a relentless case, shouting back at the judge, "you have to let me ask questions!" ¶12. (SBU) Lam praised Le Thi Cong Nhan as an international lawyer, trying to bring "what was best in the world to Vietnam" and cited her article on "The Truth About Decree 31" as "welcoming and visionary" since the GVN repealed the infamous decree months later. He said the government's student witnesses cited no criminal activity, and that they were already educated in politics and learned nothing new from Dai and Nhan. Lam said the classes were based on widely accepted international norms and political theory and mocked the governmentQs statement that they were "reactionary." He said the government gave no real evidence of advocacy of civil disobedience beyond making some criticisms of the government leadership, which was not a crime under Vietnam's Constitution. ¶13. (SBU) Lam claimed that the supposed "dangerous confiscated documents" were "harmless" and just advocated for the CPV to change some of its methods; furthermore, he said the prosecution had failed to provide evidence that Dai and Nhan authored any of these documents. He did state that, nonetheless, Dai was "responsible" for the materials in his office. He said it was ludicrous that the government should expect people to bring documents downloaded from the Internet to the police for pre- screening. He said Nhan may have been the spokesperson for the VPP, but that the media would not even cover her briefings so the role was "harmless." Furthermore, Nhan was an international lawyer by training so it was normal for her, as part of her profession, to compare international law with Vietnamese law. Five out of six of the documents on the governmentQs list are "internationally-oriented" documents and only one is "domestic." ¶14. (SBU) In summarizing the case for the defense, Lam said the State had a "very weak and largely circumstantial legal case" that Dai and Nhan "conducted propaganda against the state" based on Article 88 of the GVN Criminal Code. He said the government might have a "political case" at best and that Dai and Nhan did nothing in a pre-meditated manner showing conspiracy. He said the State did not have enough hard evidence to justify conviction; that the State was prosecuting the defendants based on "side talk" by students, and as a final point stated that "the abuse of power" by GVN law enforcement agencies "will be assured if you convict." FINAL STATEMENTS BY DAI AND NHAN -------------- ¶15. (SBU) Dai added, before the sentencing, that "I did not say anything bad about my country in my classes." He insisted vehemently that storing Internet documents on a computer "should not be a violation of Vietnamese law;" these are "my rights as long as I do not publish them with intentions against the Vietnamese State." ¶16. (SBU) Nhan stated that she found today's trial "unreasonable" and complained about not having a cross- examination by her defense attorney. She continued to avow HANOI 00000872 004 OF 004 that she had "committed no crime." FINAL STATEMENT BY THE PRESIDING JUDGE -------------- ¶17. (SBU) Before the sentencing, the prosecutor and presiding judge stated that Dai and NhanQs acts constituted violations of the criminal code "regardless of their intent," and the lectures were "more than just classes on democracy and human rights;" rather, they "advocated civil disobedience." Further, the collection of documents in the defendants' law office grossly "distorted the democracy and human rights situation" in Vietnam. The defendants are "guilty as charged". Nguyen Van Dai is sentenced to five years in prison with four years probation to follow. Le Thi Cong Nhan is sentenced to four years in prison with three years probation to follow. MARINE