US embassy cable - 04HOCHIMINHCITY1108

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 001108 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR CA/OCS/ACS/EAP, EAP/BCLTV 
 
BANGKOK FOR LEGAT 
 
E.O. 12958: N/A 
TAGS: CASC, VM, HUMANR 
SUBJECT: Detentions/Mistreatment of Amcits Strongly 
Protested 
 
REF:  A) HCMC 1032; B) HCMC 1057; C) HCMC 1100; D) HCMC 
1048; E) State 176619 
 
1. (SBU) On August 17, DPO and consular chief called on Le 
Hung Quoc, First Vice Director of HCMC's External Relations 
Office (ERO), to deliver a diplomatic note protesting the 
recent detention and abuse of five Amcits (refs A-C), the 
GVN's failure to notify the USG of the detentions, and the 
attempts made by interrogators from the Ministry of Public 
Security (MPS) to prevent the detainees from communicating 
with the USG after their release.  The text of the note 
follows in para 4. 
 
2. (SBU) Consul General and consular chief had discussed the 
incidents with Quoc during a function on the evening of 
August 13, and consular chief sent him a letter the 
following day with basic information about the cases (names, 
DPOBs, passport numbers, dates of detention, and dates of 
departure from Vietnam).  On the morning of August 17, ERO 
replied to the letter with a note stating that it had no 
information about any of the cases except that of Hoang Lan 
The, about whom it had already sent a note (ref B). 
 
3. (SBU) Meeting on 8/17, DPO repeated the USG's deep 
concern about the allegations made by the five Amcits 
detained.  Quoc reiterated that ERO was not aware of the 
cases and had been unable to obtain any information about 
them from MPS, but agreed that such abuses should not take 
place.  He said that post should provide him with any 
evidence the detainees might have provided supporting their 
allegations, and repeated the GVN's accusation that Hoang 
Lan The had been deported because he was a terrorist. 
Consular chief explained that victims of this type of abuse 
were rarely able to provide hard evidence of what had 
happened to them.  Consular chief also invited Quoc to 
provide any information in the possession of the GVN linking 
Hoang Lan The with terrorist activities, assuring him that 
the FBI takes such activities seriously, and pointing to the 
arrest of accused Bangkok embassy bomber Van Duc Vo as an 
example.  Quoc promised to look into the cases further with 
MPS. 
 
4. (SBU) The following is the text of post's protest note: 
 
No. 254/04 
 
The Consulate General of the United States of America in Ho 
Chi Minh City presents its compliments to the Office of 
External Relations in Ho Chi Minh City (Office) and protests 
strongly a series of instances over the last several weeks 
in which citizens of the United States were allegedly 
seized, detained, and interrogated by officials of the 
Ministry of Public Security (MPS). 
 
Although none of the American citizens concerned was ever 
charged with any crime, MPS officers nonetheless allegedly 
seized individuals and families from cars, hotel rooms, and 
other locations in various areas of southern Vietnam, used 
force to bring them under duress to MPS detention 
facilities, unoccupied houses, and hotels, and interrogated 
them for many days.  These American citizens reported that 
MPS interrogators placed bags over their heads; deprived 
them of sleep; bound them to chairs with ropes; and, in at 
least once case, punched and slapped them.  All of these 
alleged tactics were apparently employed in an effort to 
force these American citizens to respond to questions.  The 
United States citizens detained by the MPS also reported 
that they were forced to read "confessions" drafted by MPS 
officers and that these "confessions" were videotaped. 
 
The Consulate General protests in the strongest possible 
terms all physical and psychological abuse of United States 
citizens by Vietnamese officials, and requests that the 
appropriate agencies of the Government of the Socialist 
Republic of Vietnam: investigate these allegations; punish 
the responsible MPS officials if the allegations are found 
to be true; and ensure that no such abuses against American 
citizens are tolerated. 
 
The Department of State believes that the conduct of the 
Government of Vietnam in these cases may also have violated 
the consular notification provisions of the Vienna 
Convention on Consular Relations (VCCR), to which both 
Vietnam and the United States are signatories.  Article 36 
of the VCCR requires that the competent authorities of the 
receiving state inform a detained foreign national of his 
right to request that his consular post be notified of his 
detention.  If a detained foreign national requests such 
notification, the competent authorities of the receiving 
state must inform the appropriate consular post of the 
detention without delay.  We understand that none of the 
United States citizens detained by the MPS received consular 
notification as required by Article 36.  The Consulate 
General was officially notified of only one of these 
detentions (Diplomatic Note no. 3205/NV/LS, dated 12 August 
2004), but this notification came only after the American 
citizen had departed Vietnam, and several weeks after his 
initial detention, despite the Consulate General's repeated 
efforts to inquire about each of these cases. 
Finally, we understand that officials of the MPS ordered the 
United States citizen detainees not to contact the Consulate 
General or other agencies of the Government of the United 
States or to inform their Government of their detention and 
mistreatment.  Intimidation aimed at preventing American 
citizens from communicating with their Government also 
violates the VCCR.  Article 36 states that "consular 
officers shall be free to communicate with nationals of the 
sending State and to have access to them.  Nationals of the 
sending State shall have the same freedom with respect to 
communication with and access to consular officers of the 
sending State." 
 
The Consulate General requests that the Office immediately 
inform any United States citizen who may be detained in 
Vietnam, but who has not received consular information as 
required by the VCCR, of his or her right to consular 
notification and access and to provide the Consulate General 
with complete reports describing their location and the 
circumstances surrounding their arrests.  The Consulate 
General will also insist on unimpeded access to any and all 
such U.S. citizens who may request it.  Finally, the 
Consulate General further requests the assurance of the 
Government of Vietnam that persons subject to its authority 
will not employ physically or psychologically abusive 
techniques when interrogating United States citizens, and 
that any officers of the Government of Vietnam who mistreat 
American citizens, or interfere with the exercise by 
American citizens of their right to contact their consular 
representatives, will be held accountable for their actions. 
 
The Consulate General of the United States of America avails 
itself of this opportunity to renew to the Office of 
External Relations in Ho Chi Minh City the assurances of its 
highest consideration. 
 
Consulate General of the United States of America 
Ho Chi Minh City, 16 August 2004. 
 
Winnick