US embassy cable - 04HANOI2205

UNCLAS SECTION 01 OF 02 HANOI 002205 
 
SIPDIS 
 
FROM AMBASSADOR BURGHARDT TO CA/OCS/ACS/EAP AND L/CA 
 
DEPARTMENT FOR CA/OCS, CA/OCS/ACS/EAP, EAP/BCLTV, L/CA 
 
HO CHI MINH CITY FOR CONS 
 
E.O. 12958: N/A 
TAGS: CASC, PREL, VM, CNARC 
SUBJECT: DEATH SENTENCE CASE OF JOHN NHU HUNG NGUYEN 
 
REF:  A) Gutzmer-Short-Slater email dated July 22, 2004 
 
(subject: Legal assistance from Chief Council's Office), B) 
Hanoi 2047 and previous 
 
1.  (U) Summary.  AmCit John Nguyen has been sentenced to 
death for drug trafficking.  Post believes that this penalty 
is disproportionate to his crime, and given the state of 
Vietnam's judicial system, requests clearance on talking 
points supporting Mr. Nguyen's request for leniency. End 
Summary. 
 
SENTENCE 
-------- 
 
2.  (U) American citizen John Nhu Hung Nguyen was first 
convicted on 29 May 2002 of drug trafficking, sentenced to 
20 years imprisonment, and fined 200 million Vietnamese 
Dong.  He was convicted of a second drug trafficking charge 
on 26 February 2004 and his sentence was extended to life in 
prison.  In an Appeals Court hearing on 16 June 2004 his 
sentence was increased to death. 
 
EXCESSIVE AND DISPROPORTIONATE TO THE CRIME 
------------------------------------------- 
 
3.  (U) Mr. Nguyen's sentence far exceeds what he might have 
received for a similar crime in the U.S.  DEA attorneys have 
informed post (ref A) that while they cannot say with 
certainty what sentence Mr. Nguyen would have received in 
the U.S., sentencing guidelines for his second offense call 
for a sentence of 78 to 175 months, to be adjusted by such 
factors as a previous criminal history, the individual's 
role in the offense, and the individual's acceptance of 
responsibility.  Mr. Nguyen has no previous convictions in 
Vietnam, and claims to have cooperated fully with Vietnamese 
authorities.  It is clear that, in comparison with what he 
might have received in the U.S., Mr. Nguyen's sentence is 
excessive and disproportionate to his offense. 
 
VIETNAM'S LEGAL SYSTEM IS NOT RELIABLE, TRANSPARENT, OR FAIR 
--------------------------------------------- --------------- 
 
4.  (SBU) Mission and the State Department have repeatedly 
said that there are serious deficiencies in Vietnam's legal 
system.  Public statements, such as the Human Rights Report, 
put the Department on record as saying as much. 
 
5. (U) Sentencing guidelines exist and investigations are 
generally thorough in Vietnam, but the outcome of a case can 
be vulnerable to political pressure.  Some defendants have 
been convicted as scapegoats in the place of other seemingly 
guilty defendants, or have had their convictions made on 
weak or distorted evidence.  Further, the GVN does not allow 
domestic or international observers into trials, so 
standards cannot be adequately assessed. 
 
AUSTRALIA HAS SUCCESSFULLY MADE A REQUEST FOR LENIENCY 
--------------------------------------------- --------- 
 
6.  (U) Post is aware that an Australian was recently 
sentenced to death for a similar drug offense. Following a 
formal protest by the Government of Australia, the 
Australian's sentence was commuted to life in prison. 
 
REQUEST FOR CLEARANCE 
--------------------- 
 
7.  (U) To avoid the appearance of interfering with 
Vietnam's judicial process mission has sent diplomatic notes 
to the GVN stating that it is following the case with close 
interest, requesting confirmation that Mr. Nguyen's letter 
for leniency be given every due consideration, and asking to 
be kept informed of all developments in his case. 
 
8.  (U) Post believes that Mr. Nguyen's inordinately harsh 
sentence is but one aspect of a deficient legal system.  We 
must not appear to be unaware of, or indifferent to the 
consequences of Vietnam's legal system for this American. 
As such, post requests clearance on the following talking 
points to be delivered to the GVN: 
 
- We would like to thank you for your cooperation on this 
case. Ministry of Foreign Affairs officials in Hanoi have 
been readily available to meet with Cons and have been 
helpful in monitoring the progression of this case. 
 
- The Ministry of Foreign Affairs reports that his family's 
and his requests for leniency are making their way to the 
President's Office. 
 
- We applaud your government for taking narcotics control so 
seriously.  It was on the strength of Vietnam's dedication 
to combating narcotics that our governments recently signed 
a Letter of Agreement on Counternarcotics Cooperation, 
establishing projects designed to combat the production and 
trafficking of illicit narcotics and other forms of 
transnational criminal activities. 
 
- Mr. Nguyen has been convicted of a very serious crime.  We 
do not wish to make light of his offense or dispute his 
guilt.  We respect the authority of your government to 
decide his sentence. 
 
- However, we find Mr. Nguyen's sentence to be excessive and 
inordinate to the crime.  A criminal convicted of the same 
offense in the U.S. might receive a much shorter sentence of 
around 78 to 175 months.  A person convicted of Mr. Nguyen's 
crimes would never receive the death sentence or even life 
in prison. 
 
- In light of the differing potential sentences, we ask that 
you grant Mr. Nguyen's request for leniency. 
 
BURGHARDT