Identifier
Created
Classification
Origin
09HANOI1084
2009-10-14 10:51:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Hanoi
Cable title:  

Nine Dissidents Convicted for "Anti-State Propaganda"

Tags:  PHUM PGOV PREL VM 
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SUBJECT: Nine Dissidents Convicted for "Anti-State Propaganda"

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SUBJECT: Nine Dissidents Convicted for "Anti-State Propaganda"

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1. (SBU) SUMMMARY: In four separate trials October 6-9, nine
dissidents affiliated with the banned political movement Bloc 8406
were sentenced to jail terms ranging from two to six years for
"conducting propaganda against the State." Seven of the nine had
displayed banners in Hanoi, Haiphong and Hai Duong that were
critical of the Communist Party and advocated multi-party
democracy. The remaining two were convicted for their online
blogging, which the prosecution claimed slandered the government
and the Party. The lawyer for several of the defendants was
accused by the judge of "violating the law" when he complained that
family members should be allowed to attend the trials. Poloffs were
permitted to attend three of the four trials, which were conducted
rapidly. The Embassy issued a press statement on the convictions
October 15 (see para 8) and the DCM expressed our strong concerns
regarding the convictions to a senior Foreign Ministry official the
same day. Post will look for additional opportunities to reiterate
these concerns with other GVN interlocutors, especially in the
security services. END SUMMARY.



Three Trials in Hanoi

--------------




2. (SBU) In back-to-back trials in Hanoi October 6, 7, and 8,
three political dissidents associated with the banned political
movement Bloc 8406 were convicted under Article 88 of the
Vietnamese Criminal Code for activities that the prosecution
claimed amounted to anti-state propaganda. Poloffs were allowed to
attend the October 7 and 8 trials of Vu Van Hung and Pham Van Troi,
but were denied permission to observe the October 6 trial of
dissident poet and farmer Tran Duc Thach. Thach's family was also
barred from the proceedings, and he was not represented by counsel.
After a two-hour trial, Thach, 57, was sentenced to three years in
prison with an additional three years of administrative probation
in connection with a number of articles published in the bimonthly
dissident newsletter "Fatherland" that the prosecution claimed
"disparaged and defamed" the Party and the State. (Note:
Administrative probation usually entails regularly checking in with
MPS and a ban on foreign travel, although it can resemble house
arrest if the individual takes what the government deems aggressive

action in protesting the government. End Note.)




3. (SBU) The following day, October 7, Vu Van Hung, a 43-year-old
former physics teacher, received an identical sentence with credit
for the 13 months he has been in detention for "attempting to
sabotage the Party and State" by hanging a banner from a Hanoi
overpass that called for multi-party democracy and criticized the
government's record on corruption, inflation, and maritime disputes
with China. (Note: Hung had previously been fired from his job as
a high school physics teacher after he helped to organize a
demonstration in Hanoi during the April 2008 Olympic torch relay in
Vietnam. End note.) Unlike Thach, Hung was represented by an
attorney, but his family was prohibited from attending the trial.
The first time his wife saw him in 13 months was as he was led away
from the court. Diplomats from the United States, Australia,
Switzerland, and the EU were permitted to watch the trial on
closed-circuit television, as were reporters from the AFP, Reuters,
and DPA. The trial lasted three hours. Several dissidents
gathered outside the courthouse with Vu Hung's wife and father to
show solidarity with the family.




4. (SBU) The third Hanoi trial ended in a similar fashion. On
October 8, Pham Van Troi, 37, was sentenced to four years
imprisonment and an additional four years of administrative
probation for writing a report in November 2006, after the APEC
Summit in Hanoi, that "slandered the Vietnamese State." Troi was
also accused of defaming the GVN in interviews with overseas media.
Troi was represented at his three-hour trial by attorney Huynh Van
Dong. His family was prohibited from attending his trial.
Diplomats from the United States, Canada, and the EU, as well as
several foreign reporters, were permitted to watch the trial via
closed-circuit television. Lawyer Dong said the verdict was
"unjust" and promised to appeal the sentence.



Six Tried Jointly in Haiphong

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--------------




5. (SBU) In a two-day trial in Haiphong October 8-9, six
dissidents were convicted of distributing leaflets and hanging two
banners in Haiphong and Hai Duong that criticized the Party and
called for democratic pluralism. The six were given sentences that
ranged from a high of six years to a low of two years. The
six-year sentence (plus three years of administrative probation)
was given to Nguyen Xuan Nghia, 60, a 2008 Hellman/Hammett award
recipient and executive committee member of Bloc 8406, who the
prosecution claimed was the "ringleader" of the group. Farmer and
land-rights activist Nguyen Van Tuc, 45, was sentenced to four
years in prison followed by three years administrative probation.
Long-time political dissident Nguyen Van Tinh, 67, who had
previously been convicted of "counter revolutionary crimes" in 1967
and former Party member Nguyen Manh Son, 66, were both sentenced to
three-and-a-half years in prison followed by three years
administrative probation. College student Ngo Quynh, 25, was given
a three-year prison sentence, followed by three years
administrative probation. The lightest sentence - two years
imprisonment and two years administrative probation - was given to
Nguyen Kim Nhan, 60, who only had a peripheral involvement in
hanging one banner. Poloff, in addition to diplomats from
Australia and the EU, as well as reporters from AFP, Reuters and
DPA were permitted to watch the trial via closed-circuit
television.




6. (SBU) During the two-day trial, the prosecution argued that the
defendants had violated Article 88 of the criminal code and Article
4 of the Constitution which affirms the supremacy of the Party.
Only three family members were permitted to attend the trial and
only as witnesses for the prosecution. Three of the defendants
were represented by attorney Tran Vu Hai, who strenuously argued
that the defendants were entitled to free speech under Vietnam's
constitution and the International Convention of Civil and
Political Rights, to which Vietnam is a party. Hai highlighted
that Ho Chi Minh founded not only the Communist Party of Vietnam
but also assisted in the creation of the Democratic Party of
Vietnam. He even quoted Ho Chi Minh, stating that we should not
discriminate among political parties. Hai had several run-ins with
the judge and at one point was told repeatedly "You are in
violation of the law!" for questioning the court's decision not to
allow family members into the hearing. A procession of eight
heavily armed police vehicles transported the defendants to the
trial. Several hundred uniformed and plain-clothes police officers
were arrayed outside the court.




7. (SBU) During a working lunch on October 15, the DCM conveyed our
strong objections to the arrest and convictions of the dissidents
to Foreign Ministry Deputy Director of the Americas Department Ba
Hung. She noted that these convictions, together with the violent
expulsion of monks and nuns from the Bat Nha Monastery, reflect a
deteriorating human rights situation in Vietnam. Ba Hung took note
of these concerns but did not comment directly on the convictions.
Rather, he reiterated the oft-mentioned GVN position that the
bilateral relationship should not be held hostage to disagreements
on a single issue. The DCM countered that human rights concerns
could not be compartmentalized and would affect other areas of the
relationship.



Press Statement on Convictions

--------------




8. (U) Begin Text of Press Statement:

Democracy Advocates Convicted in Vietnam



The Embassy of the United States in Hanoi is deeply disturbed by
the convictions last week of nine democracy activists in Vietnam.



The nine individuals were charged with conducting "anti-government

HANOI 00001084 003.2 OF 003


propaganda" and given sentences of up to six years in prison for
undertaking peaceful activities in support of democracy, human
rights and political pluralism. The activists were simply
expressing their views peacefully and posed no threat to Vietnam's
national security. We are also concerned about the arrest of
writer Tran Khai Thanh Thuy, who was beaten and arrested after she
publicly expressed her support for the nine activists. No
individual should be beaten, arrested, or jailed for exercising the
right to free speech.



These actions, together with the violent expulsion of monks and
nuns from the Bat Nha Monastery in Lam Dong Province and the
government's failure to protect them from assault, contradict
Vietnam's own commitment to internationally accepted standards of
human rights and the rule of law.



We urge the Government of Vietnam to honor its international human
rights commitments, and immediately and unconditionally release
these and other prisoners who are in detention for peacefully
expressing their views.

End Text.



Comment

--------------




9. (SBU) The nine dissidents were arrested over a year ago in what
in retrospect marked an escalation in a more general crackdown on
political dissent. With the exception of the six years given to
Bloc 8406 Executive Committee member Nguyen Xuan Nghia, the
sentences appear only slightly longer than the average given to
political dissidents over the past three years. However, the bar
seems to have been lowered on what has constituted a crime. These
convictions, together with the beating and arrest of writer Tran
Khai Thanh Thuy who was protesting at the trials (septel) and the
treatment of the monks and nuns from the Bat Nha Monastery, are
matters of serious concern that need to be raised with GVN
officials, including within the context of the annual Human Rights
Dialogue meeting in November. End Comment.
Michalak