Prominent Dissident Writer Tran Khai Thanh Thuy Convicted of

UNCLAS HANOI 000164 SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV PREL VM SUBJECT: Prominent Dissident Writer Tran Khai Thanh Thuy Convicted of "Assault" REF: KAMIAN-FORINO 02/05/10 E-MAIL; 09 HANOI 1084; 09 HANOI 526 ¶1. (SBU) Summary: Prominent political dissident and writer Tran Khai Thanh Thuy was sentenced to 42 months in jail on February 5 for assault. Thuy's husband received a two-year suspended sentence. Thuy argued she was being persecuted for her outspoken views and for attempting to attend dissident trials in October. An Embassy officer, other members of the diplomatic corps and foreign press observed the trial via close-circuit television in a room adjacent to the courtroom. Thuy suffers from diabetes and tuberculosis, and her family is concerned about the effect of prison on her health. Thuy is the 17th dissident convicted since October 2009 and the first one convicted for assault. Post drew upon cleared press guidance from the Department to respond to journalists' requests for Embassy comment to express our concern over the convictions and request that Thuy and her husband be released. End Summary. ¶2. (U) Prominent political dissident and writer Tran Khai Thanh Thuy was sentenced to 42 months in jail on February 5 following a one-day trial in Hanoi. Her husband received a two-year suspended sentence followed by 47 months probation, a lighter sentence due to his standing in the community as a teacher and his lack of a prior criminal record. Thuy and her husband were fined $933 dollars to compensate for the medical bills of the two men who were allegedly attacked. Thuy, a 2007 recipient of Human Rights Watch's Hellman/Hammett Award, was arrested in October 2009 after an altercation involving Thuy and her husband and two men that most political observers believe was arranged as a pretext to arrest Thuy (ref. B). ¶3. (U) The prosecutor opened the trial by outlining the charges against Thuy - namely, she threw bricks at men and beat them with a stick. The helmet, bricks and stick were presented as evidence and referred to throughout the trial, along with photos and medical accounts of both parties and their injuries. Thuy, who spoke up often during the trial, argued she was being persecuted for her political views and her attempt to attend the trials of fellow democracy activists in Hai Phong in early October 2009 (ref. B). Thuy contradicted the prosecution's version of the incident that prompted the assault charges, arguing that she had acted to defend her husband who was under attack from two unidentified men. Thuy said that she threw a brick to scare the attackers away, but it did not hit anyone and only waved the stick in the air to threaten her husband's attackers. Thuy was the one who was hit on the head with a brick, she maintained. ¶4. (SBU) After hours of testimony by victims, defendants, witnesses and lawyers, including a statement by Thuy's thirteen-year-old daughter and an hour-and-a-half closing argument by Thuy's defense attorney, the court deliberated for only 30 minutes before issuing its verdict. Thuy protested loudly and was dragged from the court as the final verdict was read. At this point, the audio feed from the courtroom to the room where poloff, other members of the diplomatic corps and foreign press were observing the trial was cut. The judge struggled to maintain order throughout the trial, with individuals in the galley speaking loudly and calling on the defense attorney to end his closing arguments so everyone could go home on time. The defendants, witnesses and victims were only present during the reading of the charges, their individual testimony and the closing arguments. Security inside and around the court was tight. ¶5. (SBU) Thuy's trial received considerable attention from the international press but not (unsurprisingly) from the local press. AP and AFP attended the trial, and RFA, AFP and Reuters contacted the Embassy for an official comment after the trial. The Embassy, drawing on press guidance cleared by the Department, expressed our concern over the convictions, reiterated that no individual should be beaten, arrested or convicted for exercising the right to free speech, and urged the GVN to release Thuy and her husband. Michalak