US embassy cable - 00HANOI1671

C O N F I D E N T I A L SECTION 01 OF 03 HANOI 001671 
 
SIPDIS 
 
STATE ALSO FOR EAP/BCLTV, DRL, DRL/IRF, INR/EAP 
STATE ALSO FOR DRL A/S KOH AND DAS FREEMAN 
                       CONFIDENTIAL 
 
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NSC FOR RAVIC HUSO AND ERIC SCHWARTZ 
SECDEF FOR ISA/LSTERN 
 
E.O. 12958: DECL: 8/2/2010 
TAGS: PHUM, PREL, PINR, VM, HUMANR 
SUBJECT: DISSIDENT HA SY PHU CONTINUES TO BE QUESTIONED BY POLICE, ISOLATED FROM SUPPORTERS 
 
REF: A) HANOI 1570  B) HANOI 1511  C) STATE 141858 
 
1. (U) CLASSIFIED BY ACTING DCM JAMES BRUNO; 
REASONS 1.5 (B) AND (D). 
 
2. (C) SUMMARY: DISSIDENT WRITER HA SY PHU REMAINS IN 
HIS HOME IN DALAT SUBJECT TO REGULAR QUESTIONING BY 
POLICE, MORE THAN TWO MONTHS AFTER POLICE THREATENED 
TO CHARGE HIM WITH TREASON FOR HIS PRO-DEMOCRACY 
ESSAYS.  AN INVESTIGATION INTO HIS CONDUCT IS ONGOING, 
AND HE IS NOT ALLOWED TO TRAVEL "OUT OF HIS PLACE OF 
RESIDENCE," ACCORDING TO THE MFA.  FORMAL CHARGES MAY 
YET BE FILED AGAINST HIM.  HA SY PHU'S PHONE HAS BEEN 
CUT OFF, AND HE IS NOT ABLE TO RECEIVE VISITORS. 
FELLOW DISSIDENTS NGUYEN DAN QUE AND NGUYEN THANH 
GIANG TOLD POLOFF THEY HAVE ATTEMPTED TO CONTACT PHU, 
BUT WITHOUT SUCCESS.  GIANG SAYS HA SY PHU MUST REPORT 
FOR DAILY QUESTIONING BY POLICE.  QUE BELIEVES 
INTERNATIONAL ATTENTION FOCUSED ON PHU'S CASE HAS 
PREVENTED HIS BEING FORMALLY CHARGED.  END SUMMARY. 
 
PRO-DEMOCRACY ACTIVIST REMAINS UNDER INVESTIGATION 
--------------------------------------------- ----- 
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3. (SBU) PRO-DEMOCRACY WRITER HA SY PHU REMAINS AT HIS 
HOME IN DALAT IN THE CENTRAL HIGHLANDS PROVINCE OF LAM 
DONG AND CONTINUES TO BE UNDER INVESTIGATION BY 
POLICE.  A CZECH-TRAINED BIOLOGIT WHO FORMERLY WAS 
DIRECTOR OF THE VIETNAMESE INTITUTE OF SCIENCE IN 
DALAT, PHU HAS WRITTEN NUMEROUS ESSAYS ADVOCATING 
DEMOCRACY AND GREATER OBSERANCE OF HUMAN RIGHTS IN 
VIETNAM.  ON MAY 12 HE WS NOTIFIED BY PROVINCIAL 
POLICE HE WOULD BE CHARED WITH TREASON UNDER ARTICLE 
72 OF VIETNAM'S CRMINAL CODE.  HOWEVER, MORE THAN TEN 
WEEKS LATER, HE HAS YET TO BE FORMALLY CHARGED. 
 
4. (SBU) HA S PHU (WHICH IS THE PEN NAME USED BY 
NGUYEN XUAN U) HAD HIS HOME SEARCHED APRIL 28 BY 
POLICE, WHOCONFISCATED HIS COMPUTER, PRINTER, AND 
DISKETTESAND RESOURCE MATERIALS.  TWO WEEKS LATER LAM 
DONG POLICE RETURNED TO NOTIFY HIM OF TWO DECISIONS 
SGNED BY THE PROVINCIAL POLICE CHIEF.  PHU WAS 
REUIRED TO REPORT DAILY TO THE LOCAL POLICE STATION 
FOR QUESTIONING AND HE WAS TOLD HE WOULD BE TRIEDFOR 
TREASON.  (COMMENT: BOTH STATEMENTS WERE SIGNED BY 
COL. NGUYEN VAN DO, POLICE CHIEF OF LAM DON PROVINCE, 
AND MAY REFLECT THE VIEWS OF ONLY LOCL OFFICIALS. 
END COMMENT.) 
 
5. (SBU) SINCE THI TIME, NO FORMAL LEGAL ACTION HAS 
BEEN TAKEN AGANST PHU.  IN RESPONSE TO A REQUEST BY 
THE AMBASSADOR FOR INFORMATION ABOUT HIS CASE, ON JULY 
24 TH MFA PROVIDED THE EMBASSY WITH A NON-PAPER 
STATIG THAT PHU HAD NOT BEEN ARRESTED OR PLACED UNDER 
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ADMINISTRATIVE DETENTION (DESCRIBED AS "ADMINISTRAIVE 
PROBATION" BY THE GVN).  THE PAPER SAID THAT ECAUSE 
HA SY PHU "COMMITTED VIOLATIONS OF CRIMINL LAW," LAW 
ENFORCEMENT OFFICIALS IN LAM DONG BEAN A FORMAL 
INVESTIGATION INTO HIS CASE MAY 10. THE NOTE SAID PHU 
HAS BEEN ORDERED NOT TO "TRAVE OUT OF HIS PLACE OF 
RESIDENCE DURING THE INVESTIATION."  (COMMENT: WE 
BELIEVE THIS MEANS HE IS CNFINED TO HIS HOME, THOUGH 
THE NOTE IS NOT PRECIE AND MAY REFER TO THE CITY 
WHERE HE LIVES.  ENDCOMMENT.)  THE NOTE CONCLUDES BY 
STATING THAT SETLEMENT OF HIS CASE "DEPENDS ON THE 
RESULTS OF THE INVESTIGATION" AND MUST BE N 
ACCORDANCE WITH THE LAWS OF VIETNAM. 
 
6. (SB) NOTE: FOR THE PAST SEVERAL YEARS PHU HAS BEEN 
ONITORED CLOSELY BY POLICE.  IN DECEMBER 1995 HE WS 
ARRESTED AND CHARGED WITH "REVEALING STATE SECRTS" 
FOR POSSESSING A LETTER FROM THEN-PRIME MINITER VO 
VAN KIET REFERRING TO THE NEED FOR FURTHER ECONOMIC 
AND POLITICAL REFORMS.  PHU WAS IMPRISONED WITHOUT 
TRIAL UNTIL AUGUST 1996, WHEN HE WAS SENTENCED TO A 
YEAR IN PRISON.  DURING THE PAST TWO YEARS, PHU'S 
PHONE HAS BEEN MONITORED AND CUT OFF PERIODICALLY. 
LOCAL POLICE HAVE PATROLLED OUTSIDE HIS HOME AND 
CONFISCATED HIS COMPUTER ON TWO OCCASIONS.  ACCORDING 
TO ONE REPORT, HE WAS FORCED TO REPORT TO THE LOCAL 
POLICE ON A VIRTUALLY DAILY BASIS FOR SEVERAL MONTHS 
LATE IN 1999 AND IN EARLY 2000. 
 
HA SY PHU DEFENDED BY OTHER ACTIVISTS 
------------------------------------- 
 
7. (SBU) BECAUSE HA SY PHU IS ONE OF VIETNAM'S MOST 
OUTSPOKEN PRO-DEMOCRACY ADVOCATES, THE RESTRICTIONS 
PLACED ON HIM IN MAY RESULTED IN A FLURRY OF ACTIVISM 
ON HIS BEHALF.  ON MAY 19, FIVE PRO-DEMOCRACY 
ACTIVISTS IN VIETNAM, INCLUDING DR. NGUYEN THANH 
GIANG, SIGNED AN APPEAL ADDRESSED TO NATIONAL ASSEMBLY 
MEMBERS PROTESTING THE ACTIONS AGAINST HIM.  THE FIVE 
PERSONS WHO SIGNED THE LETTER, ALL IN THEIR 60'S OR 
70'S, WERE GEOPHYSICIST GIANG, WHO WAS JAILED FROM 
MARCH-MAY 1999 FOR HIS PRO-DEMOCRACY WRITINGS; HOANG 
MINH CHINH, SELF-DESCRIBED AS THE FORMER SECRETARY- 
GENERAL OF THE VIETNAMESE DEMOCRATIC PARTY; WRITER 
HOANG TIEN; JOURNALIST AND RETIRED COLONEL PHAM QUE 
DUONG; AND MILITARY VETERAN TRAN DUNG TIEN.  BOTH 
DUONG AND TRAN DUNG TIEN WERE AMONG A HANDFUL OF 
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COMMUNIST PARTY MEMBERS TO RESIGN IN JANUARY 1999 TO 
PROTEST THE EXPULSION OF WAR HERO TRAN DO. 
 
8. (SBU) THE OPEN LETTER FROM THESE DEMOCRACY 
ACTIVISTS DEFENDED PHU'S RECORD AND NOTED HE HAD DONE 
NOTHING TO DESERVE BEING CHARGED WITH TREASON, WHICH 
THEY POINTED OUT CALLS FOR MINIMUM SENTENCES RANGING 
FROM 7-20 YEARS IMPRISONMENT AND CAN RESULT IN THE 
DEATH PENALTY.  THE OPEN LETTER DESCRIBED PHU'S 
PREVIOUS WORK AS A BIOLOGIST, AS WELL AS HIS "PROFOUND 
POLITICAL DISCOURSES" SUCH AS "REFLECTIONS OF A 
CITIZEN" AND "FAREWELL TO IDEOLOGY."  THE AUTHORS SAID 
THAT PHU'S DISCOURSES "CARRY HIS HEART AND SOUL ON A 
SINGLE SUBJECT: THE URGENCY OF DEMOCRATIZATION FOR THE 
SAKE OF THE COUNTRY.  THE PROSPERITY OF THE PEOPLE, 
THE WELL BEING OF THE COUNTRY, AND THE EQUALITY AND 
ADVANCEMENT OF SOCIETY DEPEND ON TRUE DEMOCRACY." 
(NOTE: PHU'S WRITINGS HAVE INCLUDED BITING CRITICISM 
OF THE CPV.  FOR EXAMPLE, IN "FAREWELL TO IDEOLOGY," 
PUBLISHED IN 1995, HE WROTE TO THE CPV LEADERS: 
"MARXISM-LENINISM IS JUST FEUDALISM IN DISGUISE.  BE 
GENTLEMEN AND LET THIS DOCTRINE SAY GOOD-BYE TO OUR 
PEOPLE OPENLY.  LET'S PART ON GOOD TERMS.") 
 
9. (SBU) THE OPEN LETTER ALSO INCLUDES A STRONG 
INDICTMENT OF THE ADMINISTRATIVE DETENTION DECREE, 
SAYING THAT IT ALLOWS POLICE TO TAKE ARBITRARY ACTION 
AGAINST PHU AND OTHER PERSONS.  THE LETTER NOTES THE 
DECREE ALLOWS OFFICIALS TO "DETAIN ANY CITIZENS 
SUSPECTED OF BEING A POSSIBLE SECURITY THREAT, WITHOUT 
THE NEED FOR A JUDICIAL TRIAL AND WITHOUT REGARD FOR 
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THE RIGHT OF THE ACCUSED TO DEFEND THEMSELVES."  THE 
PRO-DEMOCRACY ACTIVISTS CALLED ON THE NATIONAL 
ASSEMBLY TO IMMEDIATELY ABOLISH THE DECREE BECAUSE IT 
"BLATANTLY VIOLATES" VIETNAM'S CONSTITUTION AND PLAYS 
A "DESTRUCTIVE ROLE" IN SOCIETY. 
 
10. (C) FOLLOWING THE PUBLICATION OF THE OPEN LETTER, 
HUMAN RIGHTS WATCH ASIA AND SEVERAL VIETNAMESE- 
AMERICAN NGO'S AND INTERNET NEWS SERVICES CIRCULATED 
NEWS OF THE ACTIONS AGAINST PHU AND CALLED FOR 
CLEARING HIM OF ANY POSSIBLE CHARGES.  THE EMBASSY HAS 
RAISED HIS CASE ON SEVERAL OCCASIONS WITH THE 
MINISTRIES OF FOREIGN AFFAIRS AND PUBLIC SECURITY, AND 
ASSISTANT SECRETARY KOH DISCUSSED PHU'S CASE IN DETAIL 
DURING THE U.S.-VIETNAM HUMAN RIGHTS DIALOGUE IN 
WASHINGTON JUNE (REF C).  ALSO, AS NOTED ABOVE, THE 
AMBASSADOR ASKED FOREIGN MINISTER NIEN FOR INFORMATION 
ABOUT PHU DURING A JULY MEETING (REF B). 
 
OTHER DISSIDENTS NOT ABLE TO CONTACT PHU 
---------------------------------------- 
 
11. (C) IN ORDER TO SEEK FURTHER INFORMATION ABOUT THE 
CONDITIONS FACED BY HA SY PHU, POLOFFS CONTACTED GIANG 
AND HO CHI MINH CITY-BASED DISSIDENT NGUYEN DAN QUE. 
GIANG SAID HE HAD NOT BEEN ABLE TO GET MUCH MORE 
INFORMATION ABOUT PHU SINCE HE SIGNED THE OPEN LETTER 
DESCRIBED ABOVE.  (GIANG ALSO SAID HE HAS FACED NO 
REPRISALS SINCE SIGNING THE LETTER.)  GIANG TRIED TO 
CONTACT HA SY PHU BY PHONE, BUT PHU'S PHONE IS CUT 
OFF.  (GIANG, WHOSE HOME PHONE IS ALSO DISCONNECTED, 
USES A CELL PHONE, BUT HE DOES NOT BELIEVE PHU HAS A 
CELL PHONE.)  GIANG ALSO SAID HE HAD BEEN UNSUCCESSFUL 
CONTACTING PHU THROUGH MUTUAL FRIENDS IN DALAT.  GIANG 
SAID NONE OF PHU'S FRIENDS ARE ABLE TO VISIT HIM AT 
HOME, AND PHU MUST REPORT EVERY DAY FOR INTERROGATION 
AT THE LOCAL POLICE STATION.  ONE OF GIANG'S FRIENDS 
BASED IN DALAT WHO ALSO ADVOCATES FOR DEMOCRATIC 
REFORM TOLD GIANG THAT PHU IS HELD IN CONDITIONS LIKE 
HOUSE ARREST.  (SEPTEL WILL REPORT FURTHER ON 
CONDITIONS FACED BY GIANG, QUE AND OTHER DISSIDENTS.) 
 
12. (C) DR. NGUYEN DAN QUE TOLD POLOFF THAT HE TOO WAS 
UNABLE TO CONTACT PHU.  QUE NOTED THAT PHU HAD SENT A 
TET CARD TO HIS WIFE EVERY YEAR WHILE QUE WAS 
IMPRISONED (FROM 1990-98), BUT QUE HAD NOT BEEN ABLE 
TO MEET HIM SINCE QUE WAS RELEASED FROM PRISON.  QUE 
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NOTED HE HAD BEEN IN TOUCH WITH A FRIEND IN THE 
NEIGHBORING PROVINCE OF BUON ME THUOT, WHO DID NOT 
KNOW ANYTHING ABOUT PHU'S CONDITION.  QUE OPINED THAT 
THE AUTHORITIES LIKELY WERE ADOPTING A "WAIT AND SEE" 
ATTITUDE BEFORE DECIDING WHETHER TO CHARGE HA SY PHU 
FORMALLY.  QUE BELIEVES THAT INTERNATIONAL CRITICISM 
OF THE ACTIONS AGAINST HA SY PHU HAS GIVEN PAUSE TO 
SECURITY OFFICIALS, WHO LIKELY WOULD HAVE MOVED TO 
CHARGE HIM QUICKLY IN THE ABSENCE OF SUCH CRITICISM. 
 
COMMENT 
------- 
 
13. (C) THE ONGOING INTERROGATION AND ISOLATION OF HA 
SY PHU FOLLOWS A FAMILIAR PATTERN PRACTICED BY 
VIETNAMESE SECURITY OFFICIALS.  IN ORDER TO INTIMIDATE 
AND FRAGMENT THE SMALL NUMBERS OF ACTIVISTS PRESSING 
FOR DEMOCRATIC CHANGE IN VIETNAM, LOCAL POLICE 
PERIODICALLY CRACK DOWN ON SELECTED INDIVIDUALS BY 
CALLING THEM IN FOR REPEATED QUESTIONING, CUTTING OFF 
THEIR COMMUNICATION LINKS WITH SUPPORTERS, AND 
THREATENING THEM WITH HARSH PRISON TERMS.  AS NOTED IN 
THE OPEN LETTER FROM GIANG AND HIS ASSOCIATES, THE 
ADMINISTRATIVE DETENTION DECREE PROVIDES WIDE LATITUDE 
FOR OFFICIALS TO INTIMIDATE AND HARASS THOSE 
ADVOCATING "TREASONOUS" IDEAS SUCH AS MULTI-PARTY 
DEMOCRACY. 
 
14. (C) THE THREAT MADE AGAINST PHU IN MAY THAT HE 
MIGHT BE CHARGED WITH TREASON, WHICH POTENTIALLY COULD 
CARRY THE DEATH PENALTY, MAY PROVE TO BE A CASE OF 
                       CONFIDENTIAL 
 
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LOCAL POLICE EXCEEDING THEIR MANDATE, SINCE IT HAS 
BEEN NEARLY THREE MONTHS SINCE THE WRIT WAS PRESENTED 
TO PHU.  IN ANY EVENT, WE CONCUR WITH DR. QUE THAT THE 
STRONG INTERNATIONAL CRITICISM OF PHU'S HARASSMENT 
LIKELY HAS CAUSED GVN OFFICIALS TO CAREFULLY CONSIDER 
THE IMPLICATIONS OF MOVING FORWARD WITH CHARGES.  THAT 
SAID, CHARGES MAY INDEED BE FILED AGAINST HIM, SINCE 
THE MFA NOTE DECLARES THAT PHU HAS "COMMITTED 
VIOLATIONS OF VIETNAM'S CRIMINAL LAW."  BUT EVEN IF HE 
IS NEVER FORMALLY CHARGED, THE COLD WET BLANKET OF 
VIETNAM'S INTRUSIVE POLICE APPARATUS HAS DESCENDED 
AGAIN ON HA SY PHU, SEEKING TO SMOTHER OUT HIS CALLS 
FOR DEMOCRATIC REFORM.  IN VIETNAM TODAY, ONLY A 
HANDFUL OF PERSONS SUCH AS PHU, GIANG AND QUE ARE 
WILLING TO ENDURE THE KIND OF HARASSMENT SUCH VIEWS 
ENTAIL.  END COMMENT. 
PETERSON 
 
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