US embassy cable - 04HANOI752

UNCLAS HANOI 000752 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR PRM AND EAP/BCLTV 
 
BANGKOK FOR REFCOORD 
 
GENEVA FOR RMA 
 
E.O. 12958:  N/A 
TAGS: PREF, PHUM, PREL, CB, VM 
SUBJECT:  CONVICTION OF PHAM VAN TUONG AKA THICH TRI LUC 
 
REF:  03 HANOI 2858 
 
1.  (U)  In a brief trial on March 12, former Unified 
Buddhist Church of Vietnam (UBCV) monk Pham Van Tuong 
(better known by his earlier religious name of Thich Tri 
Luc) was sentenced by the Ho Chi Minh City People's Court to 
twenty months' imprisonment for "fleeing abroad with a view 
to opposing the people's administration" (Article 91 of the 
Penal Code).  ConGen HCMC's Buddhist contacts have confirmed 
the sentence but believe he will be released in about 15 
days for time served, since he has already been in custody 
since July 26, 2002.  The English-language "Vietnam News" 
reported -- somewhat inaccurately -- on March 13 that he had 
been sentenced for "distorting the Government's national 
unity policies" and had "contacted hostile groups to 
undermine the Government's internal security and foreign 
affairs."  Media reports further claimed that he had 
"confessed his crime and sincerely expressed remorse." 
 
2.  (SBU)  Tuong's case attracted international attention 
since he had been granted refugee status by the UNHCR office 
in Phnom Penh after fleeing Vietnam in 2002, but was 
mysteriously arrested at the Vietnam-Cambodian border four 
months later.  UNHCR's officer-in-charge in Hanoi Vu Anh Son 
(please protect) confirmed on March 15 that the GVN had 
never provided any explanation of this discrepancy.  He said 
that UNHCR Hanoi sent a diplomatic note to the Ministry of 
Foreign Affairs on March 15 requesting to meet with Tuong to 
determine if he still wishes to pursue resettlement as a 
refugee and, if so, seeking the GVN's cooperation in 
processing him, an option promised by Vice Minister of 
Public Security Nguyen Van Huong in October 2003 (reftel). 
Son said that he was "optimistic" the GVN would indeed 
cooperate and predicted action "soon."  UNHCR Bangkok -- 
rather than the office in Hanoi -- would likely pursue the 
case with interested Embassies, he added. 
 
3.  (U) Suggested press guidance: 
Question 1:  What is your reaction to the sentencing of Pham 
Van Tuong, formerly known as the monk Trich Tri Luc of the 
Unified Buddhist Church of Vietnam? 
 
Answer 1:  We regret that the closed nature of the 
Vietnamese legal and court system makes it difficult to 
determine the facts of individual cases.  This casts doubt 
on the fairness of the criminal proceedings against Mr. 
Tuong and on the Vietnamese Government's commitment to 
transparency elsewhere in its legal system. 
 
We urge the GVN to grant access to Mr. Tuong by UNHCR 
officials and to permit him to be resettled as a refugee, if 
he desires. 
 
Question 2:  Can you please comment on Mr. Tuong's 
disappearance from Phnom Penh in 2002 and subsequent arrest 
on the Vietnam-Cambodian border? 
 
Answer 2:  We refer you to the Governments of Cambodia and 
Vietnam as well as representatives of UNHCR for further 
details about this case. 
BURGHARDT