US embassy cable - 03HOCHIMINHCITY836

UNCLAS SECTION 01 OF 03 HO CHI MINH CITY 000836 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR PRM PAM LEWIS, DRL/IRF, EAP/BCLTV 
DHS FOR RALPH FOELSTER 
 
E. O. 12958: N/A 
TAGS: PHUM, PREF, PREL, PGOV, SOCI, VM, HUMANR, RELFREE 
SUBJECT: POTENTIAL P1 REFUGEES TO STAND TRIAL FOR ESPIONAGE 
ON SEPTEMBER 10 
 
 
1. (SBU) Summary:  Mrs. Nguyen Thi Hoa, Mr. Nguyen Truc 
Cuong and Mr. Nguyen Vu Viet -- the niece and nephews of 
jailed Catholic priest Father Nguyen Van Ly -- will go on 
trial in Ho Chi Minh City People's Court for "espionage" on 
September 10.  Under Article 80 of the Criminal Code, 
"espionage" is defined as "collecting and distributing 
documents and information to foreign countries to be used 
against the Government of Vietnam."  Referrals on behalf of 
these three individuals for Vietnam's In-Country Priority 
One (P1) refugee-processing program have been filed at the 
Department.  The niece is currently under house arrest, 
while the two nephews are in jail.  Consular officer met 
with the niece and other immediate relatives on September 7. 
They expressed strong interest in the P1 program.  This case 
has attracted some Congressional interest, and is being 
closely monitored by ConGen and Embassy. End summary. 
 
2. (SBU) On September 5, 2003, Post received via fax three 
Vietnamese Priority One Referral Forms for Mrs. Nguyen Thi 
Hoa (DOB:November 28, 1959), Mr. Nguyen Truc Cuong 
(DOB:November 1, 1967) and Mr. Nguyen Vu Viet (DOB:February 
24, 1975).  The referrals were submitted by Boat People 
S.O.S., at the request of Ms. Ngo Thi Hien, chairwoman of 
the U.S.-based Committee for Religious Freedom in Vietnam. 
Copies of these referral forms were faxed from Senator John 
McCain's office to the U.S. Embassy in Hanoi, and forwarded 
to ConGen HCMC the same day.  The three individuals are 
siblings, and are the niece and nephews of Father Nguyen Van 
Ly, a Catholic priest who was sentenced and imprisoned by 
the Vietnamese Government in 2002 for activities that "have 
undermined the unity and stability of the nation." 
 
3. (SBU) Upon receiving the referrals and after consultation 
with the Embassy, the Consulate General informed the local 
office of the Foreign Ministry in HCMC (External Relations 
Office - ERO) that it intended to pursue the case.  A 
meeting was arranged for September 7, through an activist 
Protestant house church pastor, who is also the self- 
appointed legal representative of the family.   The family 
lives in Dong Nai Province, 25 kilometers northeast of Ho 
Chi Minh City.  In attendance at the meeting were the 
Consulate's Refugee Resettlement Section acting chief, Mrs. 
Nguyen Thi Hoa (niece and proposed beneficiary), Mrs. Nguyen 
Thuy Uyen (wife of one of the nephews and indirect 
beneficiary), various other family members, the self- 
appointed legal representative, and his interpreter.  The 
ConGenoff was able to conduct the four-hour meeting without 
interruption or hindrance by Vietnamese security or 
surveillance officers. 
 
4. (SBU) The niece and nephews were referred to the Vietnam 
P1 program by Dr. Nguyen Dinh Thang of Boat People S.O.S in 
Falls Church, VA, via Ms. Ngo Thi Hien of the U.S.-based 
Committee for Religious Freedom in Vietnam.  There is no 
date on the referral form. (Post Note:  Ms. Ngo Thi Hien is 
featured in the niece's story of what led to her original 
detention.) 
 
5. (SBU) Father Ly's niece and nephews have indicated their 
desire to apply for permanent resettlement in the United 
States:  Mrs. Nguyen Thi Hoa in direct conversation with 
ConGenoff on September 7, and Mr. Nguyen Vu Viet and Mr. 
Nguyen Truc Cuong (who are under arrest) through their next 
of kin - sister Nguyen Thi Hoa and Nguyen Thuy Uyen (wife of 
Cuong) -- on the same date.  The niece and nephews claim to 
have been subjected to harsh and/or discriminatory treatment 
within the past thirty-six (36) months.  They claim to have 
been targeted because of their religious activity and 
beliefs and for their actual and imputed political opinions. 
 
6. (SBU) Following is a summary of information gathered 
during the September 7 meeting and three subsequent phone 
conversations: 
 
A. Mrs. Nguyen Thi Hoa: 
 
Mrs. Hoa said she had been arrested in June 2001 for 
"spying."  She also provided official Vietnamese documents 
that listed this charge.  She was detained from the time of 
her arrest until October 2001.  According to Mrs. Hoa, one 
day after her uncle Father Ly's arrest on May 17, 2001, 
Father Ly's mother (also Mrs. Hoa's grandmother) passed 
away.  A Ms. Doan Trang and Ms. Ngo Thi Hien in the U.S. 
sent a total of $2300, as financial support for visiting 
Father Ly (being held in detention in Hue) and building a 
tomb for his mother.  From that time on, Mrs. Hoa had 
numerous communications with both women -- Ms. Doan Trang, 
who apparently worked for a radio station in California, and 
Ms. Ngo Thi Hien from the U.S.-based Committee for Religious 
Freedom in Vietnam.  Both women inquired about the welfare 
of her priest uncle.   Mrs. Hoa advised ConGenoff that she 
had provided them information regarding Father Ly's 
situation.  She informed them that she had tried to visit 
Father Ly in Hue.  The Vietnamese Government had told her 
that she could not meet him in person, but she was permitted 
to leave extra food for him.  Mrs. Hoa stated that she 
herself had also initiated calls to the two women in 
California, to talk about Father Ly's situation during this 
one-month period. 
 
On June 18, 2001, police surrounded the homes of Mrs. Hoa, 
her brother Viet, and her mother, which are all adjacent to 
each other in Thong Nhat district, Dong Nai Province, to 
conduct a search.  After the house search, police arrested 
Mrs. Hoa and confiscated letters from overseas and documents 
downloaded from the Internet by her brother Viet regarding 
Father Ly's activities.   Mrs. Hoa was released from 
detention on October 25, 2001.  Upon her release, the police 
informed her that she would be kept under house arrest until 
her case was resolved.  Mrs. Hoa does not know what to 
expect at the trial.  She stated that the only time she has 
gone to Ho Chi Minh City in the last two years was when HCMC 
police were considering opening an investigation on her and 
she was summoned for questioning.  As late as July 2003, 
Mrs. Hoa was being charged with "abuse of religious freedom 
to harm the government."  Mrs. Hoa stated that she had 
orally repeated elements of Father Ly's speeches to personal 
acquaintances, but had never disseminated written 
information. 
 
Mrs. Hoa, a widow with five years of grade school education, 
supports herself and her four children by running a small 
shop out of her home.  She said her business had suffered a 
great deal due to her "status", because many of her 
neighbors are afraid to associate with her. 
 
B.  Mr. Nguyen Truc Cuong: 
 
Mr. Cuong was arrested in Quang Ngai province sometime in 
June 2001, and subsequently was transferred to and remains 
in Chi Hoa prison.  He is a house painter who left high 
school before graduating.  A ConGenoff spoke with Mrs. 
Nguyen Thuy Uyen (DOB:May 12, 1974) who married Cuong in 
1995, at the home of Mr. Nguyen Van Dung, brother of her 
husband.  Mrs. Uyen stated that her family would like to be 
considered for the P1 program, and she made that commitment 
on behalf of her jailed husband. 
 
According to Mrs. Uyen, her husband disappeared in June 2001 
in Quang Ngai, on his way to Hue to try to visit Father Ly 
in jail. This was following a telephone request from Mrs. 
Doan Trang in the United States.  Mrs. Uyen knew her husband 
had been asked to do something by Ms. Doan Trang, but at the 
time was unclear exactly what.  (Post Note: Mrs. Uyen did 
not appear to realize that Ms. Doan Trang worked for a radio 
station.)  Mrs. Uyen later learned that Cuong was arrested 
after visiting and taking pictures of Patriarch Thich Huyen 
Quang (the leader of the outlawed United Buddhist Church of 
Vietnam, who was under house arrest himself) at the request 
of Mrs. Doan Trang.  Although Mrs. Uyen and Mr. Dung, 
Cuong's brother, repeatedly tried to determine the 
whereabouts of Cuong, she was not able to see him until 
October 2001 at the B34 Camp in HCMC.  After Mr. Cuong's 
initial arrest in Quang Ngai, he was first transferred to a 
detention facility in HCMC and finally to Chi Hoa prison, 
also in HCMC.  He is allowed two visits from his wife every 
month while awaiting trial.  According to Mrs. Uyen, Cuong 
has been charged with "espionage," among other crimes. 
 
Mrs. Uyen told ConGenoff that she and Cuong have a seven- 
year-old son.  She supports herself, her son, and her 
husband by doing seamstress work from her house.  She said 
that her customers are afraid to come to her shop because 
the police question them if they do so.  Mrs. Uyen did say 
that she herself had not been questioned by the police, nor 
were there any restrictions on her movements.  She and her 
husband left high school before graduating. 
 
C.  Mr. Nguyen Vu Viet: 
 
Viet was arrested on June 18, 2001, in Phu Nhuan district, 
Ho Chi Minh City, and remains in prison.  According to the 
family, Viet is a graduate of HCMC's Open University and has 
a degree in English.  He worked for the "Tourist Department" 
in Ho Chi Minh City where he was responsible of organizing 
overseas tours for Vietnamese.  He is also accused of 
"espionage," according to his brother Mr. Dung and Mrs. Hoa. 
 
Mrs. Hoa also informed ConGenoff that Mrs. Ngo Thi Hien 
contacted Viet from the U.S. and asked him questions 
regarding the circumstances of Father Ly's arrest and his 
mother's funeral prior to his arrest.  Mrs. Hoa stated that 
her brother Viet often brought home printouts that he had 
downloaded from the Internet regarding Father Ly and his 
activities for family members to read.  She was not sure, 
however, whether brother Viet ever disseminated information 
over the Internet since he lived alone.  Mr. Viet is single, 
so our information about him has come from relatives. 
 
7. (SBU) Post Note: Our most important consideration at this 
point is the welfare of the three accused and their 
families.  We do not want to put them in any (further) 
jeopardy.  In fact, ConGenoffs had to dissuade the 
Protestant pastor cum self-appointed legal representative 
from posting photos on the Internet "to generate publicity 
for this case and the American Consulate."  Post further had 
to remind him that he should not represent himself as "an 
agent of the Consulate", nor his activities as being on our 
behalf.  Since neither the niece, nephews, nor anybody in 
their families currently has a passport or exit permit, even 
with a P1 approval, it would be virtually impossible for 
them to leave Vietnam under this program without some form 
of cooperation from the Vietnamese Government.  Mission has 
received inquiries from Senator McCain's and Senator Frank 
Lautenberg's offices. 
YAMAUCHI