ANOTHER DISSIDENT TRIAL, ANOTHER TOUGH SENTENCE

UNCLAS HO CHI MINH CITY 000528 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL SOCI ELAB PINR VM SUBJECT: ANOTHER DISSIDENT TRIAL, ANOTHER TOUGH SENTENCE REF: A) HCMC 514 AND PREVIOUS; B) HANOI 872 ¶1. (SBU) The May 15 show trial for another member of the dissident People's Democratic Party and the United Workers Farmers Organization (UWFO) of Vietnam resulted in a sentence of seven years imprisonment (two suspended) and two years of house arrest for UFWO spokesperson Tran Quoc Hien. The trial follows on the heels of two other dissident trials in HCMC and Hanoi on May 10 and 11 (reftels). Hien was accused of violating Article 88 of the Penal Code "Propagandizing Against the State" as well as Article 89 of the Penal Code for "disturbing security and order." Hien, Director of Saigon Legal Consultancy, was accused of "inciting" land protestors to demonstrate and of writing and disseminating on the Internet anti-Party and anti-GVN materials. HCMC press also reported that Hien, "induced by reactionaries at home and overseas," sought to create political unrest by seeking the repeal of the Article Four of the Constitution and by advocating for a multi-party government. It also alleged that he sought to "incite" protests during the APEC summit in Hanoi in November 2006. ¶2. (SBU) HCMC authorities refused to allow the CG, HCMC PolOff and the visiting EU Mission Charge to attend the trial. Court officials told the CG that they could not allow entry without written instruction from the MFA, the HCMC External Relations Office told us that the courts issued a decision denying us entry. No foreign press was present at the trial. ¶3. (SBU) The trial lasted approximately four hours. Hien was represented by a local HCMC attorney, who was allowed to meet with his client in detention and had access to materials for the case. The lawyer told us that he spoke at the trial for about 10 minutes, arguing that Hien should be acquitted on the charge of "disturbing security and order" because no real disturbance occurred. The court rejected this argument. The attorney -- perhaps speaking as much to other listeners on the phone as to us -- told us Hien confessed that his "actions were wrong" and asked the court for leniency. ¶4. (SBU) However, Hien's wife (strictly protect),who was present at the trial, told us that Hien confirmed he participated in pro-democracy activities, but did not acknowledge any wrongdoing. Hien's wife told us that her husband was resolute and that he told the court that he acted out of personal frustration over the social injustices he had witnessed in numerous land disputes pitting the poor against the State. ¶5. (SBU) According to Hien's wife, Hien admitted in court to receiving USD 500 from an activist based in the U.S. to buy a digital camera and take pictures of land rights protestors in HCMC. He also acknowledged that that he approached the land claimants at the Central Government's Complaints Office in HCMC to provide them advice. He said that he met regularly with other HCMC political activists such as Do Nam Hai, and eventually agreed to become the spokesman for the United Workers-Farmers Organization. Hien told the court that he sought to meet with President Bush during his November 2006 visit to HCMC to "tell the President that human rights in Vietnam were not respected." Hien asked for leniency so to take care of his family, a request the court denied. ¶6. (SBU) Comment: Hien's sentence is one of the three toughest meted out against social and political activists thus far in ¶2007. A number of other HCMC-based activists linked to the land rights and democracy movement await trial, including Truong Quoc Huy, whose April 13 trial was postponed at the last minute, and Tran Thi Thuy Trang, a labor lawyer associate of the detained NED grantee Le Quoc Quan. Land rights activist Bui Kim Thanh also remains involuntarily committed to a mental institution since November 2006. We have not seen any new land rights protests in HCMC since September 2006 when a senior Ministry of Public Security General warned protestors in HCMC that they would face harsh government action if they did not desist. End Comment. WINNICK