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O R 141051Z OCT 09
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0301
INFO ASEAN REGIONAL FORUM COLLECTIVE
RUEHHM/AMCONSUL HO CHI MINH CITY 0097

UNCLAS SECTION 01 OF 03 HANOI 001084 
 
SENSITIVE 
SIPDIS 
STATE FOR EAP/MLS AND DRL/AWH 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL VM
SUBJECT: Nine Dissidents Convicted for "Anti-State Propaganda" 
 
HANOI 00001084  001.2 OF 003 
 
 
¶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 
 
HANOI 00001084  002.2 OF 003 
 
 
----------------------------- 
 
 
 
¶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