US embassy cable - 01HOCHIMINHCITY494

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000494 
 
SIPDIS 
 
STATE FOR EAP/BCLTV AND EAP/PD/JMARTIN 
STATE ALSO FOR DRL/IRF 
CINCPAC FOR FPA 
SECDEF FOR ISA/EA/LSTERN 
                       UNCLASSIFIED 
 
PAGE 02        HO CHI  00494  01 OF 02  270356Z 
 
E.O. 12958: N/A 
TAGS: PHUM, KIRF, VM 
SUBJECT: THOAI SON INCIDENT REVISITED 
 
REF: 00 HCMC 0640 
 
1. SUMMARY: REFTEL REPORTED THAT ON MARCH 11, 2000, POLICE 
ARRESTED THIRTEEN HOA HAO BELIEVERS IN THOAI SON DISTRICT, 
AN GIANG PROVINCE.  EIGHT WERE RELEASED AFTER QUESTIONING; 
THE OTHER FIVE EVENTUALLY RECEIVED PRISON SENTENCES 
RANGING FROM 12 MONTHS TO 30 MONTHS.  THE NAMES OF THE 
FIVE IMPRISONED HAVE BEEN INCLUDED IN MISSION'S HUMAN 
ANNUAL RIGHTS REPORT AND ANNUAL REPORT ON INTERNATIONAL 
RELIGIOUS FREEDOM.  HOWEVER, IT NOW APPEARS THE CASE MAY 
NOT BE SO CLEAR CUT.  SUBSEQUENT CONVERSATIONS WITH 
PERSONS FAMILIAR WITH THE INCIDENT HAVE LED MISSION TO 
BELIEVE THE ARRESTS RESULTED PRIMARILY FROM A FIGHT WITH 
POLICE FOLLOWING A RIVER TRAFFIC VIOLATION.  THE SENTENCES 
HANDED DOWN IN THE CASE, THOUGH STIFF, ARE WITHIN THE 
ALLOWABLE RANGE UNDER VIETNAMESE LAW FOR A FIGHT WITH 
POLICE.  BECAUSE THE CIRCUMSTANCES OF THE ALTERCATION ARE 
AMBIGUOUS, AND IN THE ABSENCE OF FURTHER INFORMATION, WE 
BELIEVE THIS SHOULD NOT BE CONSIDERED A HUMAN RIGHTS OR 
FREEDOM OF RELIGION CASE.  END SUMMARY. 
 
2. REFTEL REPORTED THAT 13 PERSONS WERE ARRESTED ON MARCH 
11, 2000 IN CONNECTION WITH THE CONTROVERSIAL DEATH 
ANNIVERSARY OF HOA HAO FOUNDER HUYNH PHU SO.  EIGHT OF THE 
THIRTEEN WERE RELEASED AFTER QUESTIONING.  FIVE OTHERS 
WERE TRIED AND SENTENCED AS FOLLOWS: 
                       UNCLASSIFIED 
 
PAGE 03        HO CHI  00494  01 OF 02  270356Z 
 
VO THANH LIEM (VO VAN LIEM) 
SENTENCED TO 30 MONTHS ON MAY 26, 2000 
CURRENTLY IN CHAU BINH REEDUCATION CAMP, BEN TRE PROVINCE. 
 
NGUYEN VAN DIEN (BAY DIEN) 
SENTENCED TO 20 MONTHS ON MAY 26, 2000 
CURRENTLY IN CHAU BINH REEDUCATION CAMP, BEN TRE PROVINCE. 
 
VO VAN HAI 
SENTENCED TO 12 MONTHS ON MAY 26, 2000 
HAI HAS ALREADY BEEN RELEASED HAVING SERVED OUT THE TERM 
OF HIS SENTENCE, WHICH WAS RETROACTIVE TO THE DATE OF 
ARREST, MARCH 11. 
 
NGUYEN VAN HOANG 
SENTENCED TO 24 MONTHS ON JUNE 24, 2000 
CURRENTLY IN CHAU BINH REEDUCATION CAMP, BEN TRE PROVINCE. 
 
LE VAN NHUOM (NGUYEN VAN NHUOM) 
SENTENCED TO 30 MONTHS ON JUNE 24, 2000 
CURRENTLY IN XUAN LOC Z30 K2 PRISON, DONG NAI PROVINCE. 
 
(NOTE: A SIXTH PERSON, LE HUU HOA (LE VAN HOA) WAS 
ARRESTED ON MAY 26, 2000, IN CONNECTION WITH THIS INCIDENT 
AND WAS ALSO LISTED IN OUR HUMAN RIGHTS AND RELIGIOUS 
FREEDOM REPORTS.  WE HAVE LEARNED THAT HE WAS RELEASED 
FROM DETENTION AT THE END OF JANUARY, WITHOUT HAVING GONE 
TO TRIAL.  END NOTE.) 
 
WHAT REALLY HAPPENED - OFFICIAL HOA HOA COMMITTEE 
                       UNCLASSIFIED 
 
PAGE 04        HO CHI  00494  01 OF 02  270356Z 
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3. ON FEBRUARY 13, POLOFF MET WITH SEVERAL MEMBERS OF THE 
GOVERNMENT SANCTIONED HOA HAO ADMINISTRATIVE COMMITTEE IN 
AN GIANG PROVINCE.  THE THOAI SON INCIDENT WAS ONLY ONE OF 
A NUMBER OF TOPICS COVERED DURING THE MEETING, BUT WAS THE 
SUBJECT OF GREATEST ENTHUSIASM AMONG THE COMMITTEE 
MEMBERS.  THEY SAID THERE WAS INDEED A DEATH ANNIVERSARY 
INVOLVED, BUT IT WAS THAT OF A FAMILY MEMBER, NOT OF THE 
HOA HAO FOUNDER.  MANY PERSONS HAD COME TO THE HOME TO 
PARTICIPATE IN THE DEATH ANNIVERSARY COMMEMORATION. 
AFTERWARDS, MANY OF THE ATTENDEES DEPARTED BY BOAT.  RIVER 
TRAFFIC POLICE ATTEMPTED TO STOP THE BOAT, WHICH WAS 
OVERLOADED WITH PEOPLE.  THE PERSONS DRIVING THE BOAT 
REFUSED TO STOP AND QUARRELED WITH THE POLICE.  THEY 
OVERTURNED THE POLICE BOAT AND THEN CONTINUED ON THEIR WAY 
WITHOUT TRYING TO ASSIST THE POLICEMEN WHO HAD FALLEN INTO 
THE RIVER.  LATER, THE POLICE WENT TO THE HOME TO ARREST 
THE PERSONS RESPONSIBLE.  A QUARREL AND FIGHTING ENSUED AT 
THE HOME, AND POLICE ENDED UP ARRESTING THIRTEEN PERSONS, 
RELEASING EIGHT AFTER QUESTIONING, AND DETAINING THE OTHER 
FIVE.  THE COMMITTEE MEMBERS SAID THE ENTIRE STORY CAME 
OUT DURING THE TRIAL, AND THAT THE DEFENDANTS ADMITTED TO 
OVERCROWDING THE BOAT. 
 
WHAT REALLY HAPPENED - HOA HAO DISSIDENT 
---------------------------------------- 
 
4. LE QUANG LIEM, A DISSIDENT HOA HAO ELDER GAVE POLOFF 
HIS VERSION OF THE THOAI SON INCIDENT ON MARCH 14.  LIEM 
SAID THE INCIDENT SHOULD BE TAKEN IN THE CONTEXT OF 
ONGOING POLICE INTIMIDATION OF HOA HAO FOLLOWERS FOR THE 
PAST 25 YEARS.  POLICE TREAT HOA HAO BELIEVERS CRUELLY, 
ACCORDING TO LIEM, AND THE HOA HAO IN TURN HATE THE 
POLICE.  BECAUSE POLICE PREVENT HOA HAO FOLLOWERS FROM 
GATHERING IN LARGE NUMBERS, FAMILY DEATH ANNIVERSARIES 
(WHERE IT IS NOT UNUSUAL FOR MORE THAN A HUNDRED PERSONS 
TO GATHER) ARE OFTEN A FOCAL POINT FOR CONFRONTATION WITH 
POLICE.  THAT SAID, LIEM ADMITTED THAT IN FACT, THE BOAT 
WAS OVERCROWDED WITH 50 TO 70 PEOPLE ON BOARD.  THE HOA 
HAO BOAT TRIED TO STOP WHEN ORDERED, SAID LIEM, "BUT A 
BOAT DOES NOT HAVE BRAKES."  THE POLICE RIVER PATROL BOAT, 
A MUCH SMALLER VEHICLE, CUT IN FRONT OF THE LARGER BOAT 
WHICH THEN RAMMED IT AND OVERTURNED IT.  ACCORDING TO 
LIEM, THE HOA HAO BOAT DID NOT STOP BECAUSE THE PEOPLE ON 
BOARD WERE AFRAID. 
 
COMMENT 
                       UNCLASSIFIED 
 
PAGE 03        HO CHI  00494  02 OF 02  270356Z 
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5. EVEN GIVEN POSSIBLE POLICE INTIMIDATION, IT APPEARS TO 
MISSION THAT THE FACTS OF THE THOAI SON INCIDENT SUGGEST 
THIS CASE WAS MORE ABOUT AN ALTERCATION BETWEEN POLICE AND 
AN OVERCROWDED BOAT THAN A VERIFIABLE CASE OF VIOLATION OF 
RELIGIOUS FREEDOM.  THE SENTENCES HANDED DOWN FOR 
SKIRMISHING WITH POLICE ARE WITHIN THE RANGE OF PUNISHMENT 
IN VIETNAM LAW.  GIVEN THE AMBIGUITIES, WE BELIEVE WE 
WOULD NEED TO OBTAIN FURTHER CONFIRMATION BEFORE 
CONSIDERING THIS A CASE OF A VIOLATION OF HUMAN RIGHTS OR 
RELIGIOUS FREEDOM.  WE WILL CONTINUE TO SEEK TO OBTAIN 
FURTHER INFORMATION.  IN THE MEANTIME, PLACING EMPHASIS ON 
A CASE THAT ON ITS FACE APPEARS TO BE MORE ABOUT A TRAFFIC 
VIOLATION RISKS DILUTING OUR CREDIBILITY ON MORE CLEAR-CUT 
CASES OF HUMAN RIGHTS VIOLATIONS.  END COMMENT. 
RAY 
 
                       UNCLASSIFIED