US embassy cable - 04HANOI722

UNCLAS SECTION 01 OF 02 HANOI 000722 
 
SIPDIS 
 
STATE FOR EAP/BCLTV, DS/IP/EAP, DS/ICI/PII, DS/ITA 
 
E.O. 12958:  N/A 
TAGS: PTER, PREL, VM, CTERR 
SUBJECT:  "TERRORIST" CASES OF LY TONG AND VO VAN DUC 
 
REF:  HANOI 653 
 
1.  (U)  This is an action request -- see para 3. 
 
2.  (U)  Following up on Assistant Foreign Minister Nguyen 
Duc Hung's verbal request to Charge on March 4, the MFA 
formally provided via diplomatic note a request for firm 
punishment against convicted hijacker Ly Tong or his 
extradition to Vietnam, as well as the extradition either to 
Vietnam or to Thailand of Vo Van Duc for his involvement in 
a 2001 attempted bombing attack against the Vietnamese 
Embassy in Bangkok.  Full text in para 4. 
 
3.  (U)  Action request:  Please provide appropriate 
language for a formal response by diplomatic note. 
 
4.  Following is Embassy's informal translation: 
Begin text 
 
Ministry of Foreign Affairs 
Socialist Republic of Vietnam 
 
No. 93/NG-LS 
 
The Ministry of Foreign Affairs of the Socialist Republic of 
Vietnam presents its compliments to the Embassy of the 
United States in Vietnam and has the honor to discuss the 
following issue with the latter: 
1/ On November 17, 2000, Ly Tong, a Vietnamese citizen who 
has a resident registration in the US, used force to gain 
control of an airplane to violate Vietnam's airspace, 
distributing leaflets whose contents opposed the State of 
Vietnam.  By doing so, Ly Tong committed an offence under 
Thai law as well as serious offences under Vietnamese law as 
defined in the Penal Code of Vietnam. 
 
2/ On December 25, the provincial court of Rayong issued a 
court decision sentencing Ly Tong to seven years and four 
months imprisonment, guilty on the charges using force to 
get control of an airplane, illegally taking an airplane out 
of Thai territory, illegal migration and offences to 
criminal law. 
 
3/ Since Ly Tong is a Vietnamese citizen who has committed 
offences under Vietnamese law, his case needs to be 
considered according to Vietnamese law as well.  The case 
appears even more serious given a piece of information 
acquired by the Vietnamese side about Ly Tong's continued 
attempt to use airplanes to conduct activities against the 
State of Vietnam and even to target Ho Chi Minh's Mausoleum 
in Hanoi, which was expressed in Ly Tong's own message when 
addressing former air force officers of the former Republic 
of Vietnam regime in Paris while he was still detained in 
Thailand. In addition, the fact that he twice committed the 
crime of using force to get control of Thai airplanes (in 
September 1992 and November 2000) proves that he is 
dangerous terrorist criminal who needs to be strictly 
punished and put under close surveillance. 
 
In light of the fine developments in relations between 
Vietnam and the US, especially bilateral cooperation on 
counter-terrorism, we kindly request the US to cooperate 
with Vietnam and Thailand to propose strict punishment 
against Ly Tong based on the serious nature of his terrorist 
offences targeting the Socialist Republic of Vietnam, or to 
return him to Vietnam for criminal proceedings according to 
Vietnamese law. 
 
4/ We would like to take this opportunity once again to 
request the US to return Vo Van Duc, who lead a group of 
terrorists planning a terrorist bombing against the 
Vietnamese Embassy in Bangkok, Thailand, on June 19, 2001, 
to Vietnam for criminal proceedings under the charge of 
conducting terrorist activities, or promptly to extradite 
him to Thailand at the Thai Government's request for 
criminal proceedings according to the US-Thailand Agreement 
on Extradition signed in 1982. 
 
We look forward to receiving a response from the US side 
regarding the mentioned request. 
 
Vietnam highly appreciates US cooperation in preventing 
activities conducted by terrorists against Vietnamese 
targets and reaffirms its wish to maintain close cooperation 
with the US in the fight against terrorism in the world. 
 
The Ministry of Foreign Affairs of the Socialist Republic of 
Vietnam avails itself of this opportunity to renew to the 
Embassy of the United States in Vietnam the assurance of its 
highest consideration. 
 
Hanoi, March 9, 2004. 
end text 
BURGHARDT