SENTENCES REDUCED AT DISSIDENT LE NGUYEN SANG'S APPEALS

UNCLAS HO CHI MINH CITY 000906 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM SOCI PREL PGOV VM SUBJECT: SENTENCES REDUCED AT DISSIDENT LE NGUYEN SANG'S APPEALS TRIAL REF: A) HCMC 514 B) HCMC 805 AND PREVIOUS ¶1. (SBU) Summary: On August 17, the Ho Chi Minh City People's Court reduced jail sentences for three People's Democratic Party (PDP) dissidents, although it continued to find them guilty of violation of Article 88 of the GVN criminal code, "propagandizing against the State." The decision, which is applicable to three jailed PDP members even though only Le Nguyen Sang appealed, is unusual and may indicate a sensitivity to recent international pressure and media attention that is causing prosecutors to think twice about sentences that could be construed as overly harsh in "today's Vietnam." In contrast to Sang's May 10 trial, only close family members, a few HCMC land rights protesters and two members of the local press appeared outside the courtroom. The noticeable lack of attendance by other PDP dissidents illustrates to what extent HCMC political dissidents and the human rights movement in general have gone underground in recent months. End summary. JAIL TERMS CUT BY SIX MONTHS -------------- ¶2. (SBU) On August 17, Poloff attempted to attend the appeals trial of Dr. Le Nguyen Sang, the PDP dissident who was arrested in mid-August 2006 along with fellow members Nguyen Bac Truyen, and Huynh Nguyen Dao. All three were charged with "propagandizing against the State" and sentenced to five, four and three years of imprisonment and two years of probation respectively by the HCMC People's Court on May 10, 2007(Ref. A). As in the original trial, a formal request for CG and PolOff to attend the appeal was denied by the GVN. ¶3. (SBU) After a lengthy seven hour trial, the court continued to find Sang, Truyen and Dao all guilty of "propagandizing against the State," but reduced Sang's sentence from 5 to 4 years of imprisonment, Truyen's from 4 years to 3 years and 6 months, and Dao's from 3 years to 2 years and 6 months of imprisonment. Their respective two-year probation terms remained unchanged. Sang's brother told ConGen that the court cited "recommendations from the Supreme People's Procuracy (the Vietnamese equivalent of the prosecutor's office)" and "on-going changes in the country" as reasons for the sentence reductions. ¶3. (SBU) Sang's brother and ONE of his two defense lawyers, Mr. Dang Xuan Dung, were present inside the courtroom and told us Sang articulately defended himself during the appeal trial. Pleading not guilty, Sang told the court that he was only exercising his right to freedom of peaceful expression in accordance with Article 69 of the Vietnamese Constitution and the International Covenant on Civil and Political Rights, which the GVN has ratified. Sang's brother told us that Sang's vociferous self-defense was "so fearless" that the judge had to silence him many times during the trial. SMALL SHOW OF SUPPORT OUTSIDE THE COURT -------------- ¶4. (SBU) Although PolOff was denied access to the courtroom despite a formal request made to the HCMC External Relations Office, Poloff was present when Sang was escorted into the courthouse by a dozen security guards and police. Sang appeared to be in good HEALTH and spirits, smiling and waving to family members on his way into the building. In contrast to the large crowd of press, PDP dissidents and other supporters that gathered outside the court for Sang's May 10 trial, ConGen learned that only Sang's close family members, two GVN-sanctioned reporters and three key participants in the recent HCMC lands rights protests (Ref. B) were present outside the court on August 17. ¶5. (SBU) Comment: We note that HCMC prosecutors cited "changes in the country" as part of the rationale for reducing these three dissidents' sentences, though those "changes" were not specified and the sentence reductions were slight. It is possible GVN prosecutors are beginning to think twice about imposing sentences that could be interpreted as overly harsh in "today's Vietnam." It may also reflect GVN's response to increasing pressure and attention it has received on human rights issues from international media, the USG and other like-minded governments over the past six months. On the other hand, the noticeable lack of attendance by other PDP dissidents illustrates to what extent HCMC-area political dissidents have gone underground in recent months. It remains to be seen whether these sentence reductions signal an easing of the GVN crackdown on dissidents. End comment. ¶6. (U) This cable was coordinated with Embassy Hanoi. FAIRFAX