US embassy cable - 03HANOI3373

UNCLAS HANOI 003373 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/BCLTV and DRL 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, VM, HUMANR 
SUBJECT: CONVICTION OF Nguyen Vu Binh 
 
1. (SBU) Activist Nguyen Vu Binh, a former journalist who 
had pushed for the establishment of a new political party 
and has criticized Vietnam's border agreement with China, 
was sentenced after a brief trial on December 31 to seven 
years in prison and two years administrative detention by 
the Hanoi People's Court under article of 80 of the Penal 
Code ("Spying").  (Note: Embassy information comes from 
sources within Binh's family.  AFP separately reported the 
sentence to include three years administrative detention. 
End Note)  Binh pleaded not guilty to the charges.  The 
trial was closed to the public, press, and foreign 
diplomats.  Binh's wife was allowed to attend, but other 
family members were barred from the courthouse.  Binh was 
represented by a lawyer of his choosing.  As in previous 
trials, there was heavy police presence, with uniformed and 
plainclothes police attempting to herd observers as far from 
the courthouse as possible.  Binh's family had indicated 
that he intends to appeal the conviction. 
 
2. (SBU) Embassy had formally requested permission from the 
court to attend the trial, and Charge also weighed in with 
the MFA to obtain access.  We were not successful, but 
Poloff and FSN were present at the court building and able 
to speak with relatives and other activists. 
 
3. (SBU) Comment: In the context of the Vietnamese legal 
system, a seven-year sentence may be seen as lenient; the 
penal code prescribes a minimum of twelve.  Upon appeal, the 
sentence may be lessened as with Pham Hong Son.  The 
sentence may also set a precedent for the trial of Tran 
Khue, detained for similar reasons and with his trial 
expected soon. End Comment 
 
4. (U) Embassy Public affairs section has responded to press 
inquiries with the following language, drawn from cleared 
language from earlier trials: 
No individual should be imprisoned solely for the peaceful 
expression of one's views. The sentencing of Nguyen Vu Binh 
clearly violates international standards for the protection 
of human rights, including freedom of expression and freedom 
of information. 
The U.S. Embassy sent an officer to the court, but he was 
unable to gain access to the trial, despite repeated oral 
and written requests to Vietnamese government officials. 
 
The United States reminds the Government of Vietnam of its 
obligations to fully respect international standards for 
human rights to which it has freely adhered, including the 
International Covenant On Civil And Political Rights. It 
also calls upon the Vietnamese government to respect an 
individual's rights to fair and open trials, transparency in 
the judicial process, and access to qualified legal counsel. 
 
BELLARD