US embassy cable - 01HANOI2884

C O N F I D E N T I A L SECTION 01 OF 02 HANOI 002884 
 
SIPDIS 
 
DEPARTMENT FOR EAP/BCLTV AND DRL 
 
SECDEF FOR ABLAGG 
 
E.O. 12958: DECL 11/05/2011 
TAGS: PHUM, PGOV, PINS, VM, HUMANR, RELFREE 
SUBJECT: GVN'S REACTION TO FATHER LY AND TRAN KHUE 
 
REF A. HO CHI MINH CITY 1201      B. HANOI 2789 
 
    C. HANOI 2321 AND PREVIOUS    D. HANOI 2490 
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1.  CLASSIFIED BY POL/C SCOTT D. BELLARD, REASON 1.5 (D) 
 
2.  (U)  SUMMARY:  THE GVN EXPLAINS ITS STERN TREATMENT OF 
THOSE IT DEEMS "POLITICAL" ACTIVISTS SUCH AS FATHER LY AND 
TRAN KHUE IN TERMS OF DEFENDING NATIONAL UNITY.  THE GVN 
SEEMS PARTICULARLY SENSITIVE TO ITS OWN CITIZENS' CRITIQUES 
WHEN THEY ARE INTENDED FOR OVERSEAS AUDIENCES, ALTHOUGH 
THIS REACTION DRAWS EVEN MORE FOREIGN INTEREST.  EMBASSY 
CONTINUES TO REMIND THE GVN THAT WE ARE CONCERNED ABOUT THE 
WELFARE OF THESE ACTIVISTS.  END SUMMARY. 
 
3.  (U)  EMBASSY HAS EXPRESSED USG CONCERN OVER FATHER 
NGUYEN VAN LY ON SEVERAL OCCASIONS SINCE HE RECEIVED HIS 
HARSH CONSECUTIVE SENTENCES TOTALING 15 YEARS ON OCTOBER 
19.  POL/C RAISED THE SUBJECT TO THE MINISTRY OF FOREIGN 
AFFAIRS (MFA) ON OCTOBER 22 (REF A).  ON OCTOBER 24 CHARGE 
VOICED HIS CONCERN ABOUT LY'S SENTENCING WITH BUI THE GIANG 
OF THE COMMUNIST PARTY CENTRAL COMMITTEE'S EXTERNAL 
RELATIONS COMMISSION.  POLOFF BROUGHT UP THE NEGATIVE 
IMPACT OF FATHER LY'S TREATMENT WHILE PRESENTING THE MFA'S 
AMERICAS 
DEPARTMENT WITH A COPY OF THE 2001 INTERNATIONAL RELIGIOUS 
FREEDOM REPORT ON OCTOBER 26, AND AGAIN CITED USG CONCERN AT 
LENGTH WITH AMERICAS DEPARTMENT PERSONNEL ON NOVEMBER 1. 
 
4.  (U)   AS DESCRIBED IN REF A, THE GVN HAS CONSISTENTLY 
PRESENTED FATHER LY'S CASE AS NON-RELIGIOUS AND CLAIMS TO 
BASE ITS TREATMENT OF HIM NOT AS A RELIGIOUS FIGURE, BUT AS 
SOMEONE WHO WAS "INCITING BELIEVERS AND SOWING UNREST." 
THE MFA AMERICAS DEPARTMENT'S TRAN THI VAN ON NOVEMBER 1, 
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STRESSED THAT THE GVN HAD THOROUGHLY INVESTIGATED LY AND 
THAT HIS EARLIER (1997) 2-YEAR PROBATION SENTENCE HAD BEEN 
GUIDED BY THE STATE'S "HUMANITARIAN AND TOLERANT POLICY" AS 
IT SOUGHT TO "REMIND" HIM OF HOW HE COULD "TRULY HELP THE 
COMMUNITY."  COMMENTING ON LY'S 13-YEAR SENTENCE FOR 
"DAMAGING THE UNITY POLICY," SHE REMARKED THAT THIS IS "A 
VERY SERIOUS CRIME," SINCE IT UNDERMINES ONE OF THE 
GVN'S CENTRAL POLICIES.  VAN ACCUSED LY OF BEING 
"SELF-SERVING AND UNWILLING TRULY TO HELP THE PEOPLE." 
 
5.  (C)  OTHER EMBASSIES ARE ALSO RESPONDING TO THE GVN'S 
TREATMENT OF LY.  THE DEPARTING FRENCH AMBASSADOR REPORTEDLY 
RECEIVED A NEGATIVE REACTION FROM A SENIOR MFA OFFICIAL WHEN 
HE BROUGHT UP FATHER LY DURING HIS FINAL CALL.  DIPLOMATS FROM 
EUROPEAN UNION (EU) MEMBER STATES HAVE TOLD CHARGE AND POLOFF 
THAT EU MEMBER COUNTRIES ARE ATTEMPTING TO FORMULATE A UNIFIED 
RESPONSE TO FATHER LY'S SENTENCING.  ON NOVEMBER 1, A SWEDISH 
POLOFF TOLD POLOFF THAT THE EU RESPONSE WOULD PROBABLY COME IN 
THE FOLLOWING WEEK.  ACCORDING TO BRITISH POLOFF JONATHAN 
DUNN, EU MEMBERS DISAGREE OVER HOW STRONG TO MAKE THEIR 
RESPONSE BECAUSE OF DOUBTS ABOUT FATHER LY'S INTEGRITY AND 
"RESPECTABILITY."  THESE DOUBTS INCLUDE ALLEGATIONS SUCH AS 
THOSE MADE IN THE LOCAL (STATE-OWNED) MEDIA THAT FATHER LY HAS 
FATHERED CHILDREN AS WELL AS MORE GENERAL QUESTIONS ABOUT 
WHETHER LY IS HELD IN ANY ESTEEM BY OTHER RELIGIOUS FIGURES, 
OR BY "THE PEOPLE" AT LARGE. 
 
6.  (C)  NETHERLANDS POLOFF MERONA VANDEN HEUVEL TOLD 
POLOFF ON OCTOBER 31 THAT SHE HAD SPOKEN TO SEVERAL 
RELIGIOUS FIGURES IN THUA TIEN HUE PROVINCE ABOUT FATHER LY 
DURING THE WEEK AFTER HIS OCTOBER 19 SENTENCING.  SHE SAID 
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BUDDHIST NUNS THERE HAD SAID THAT THEY WERE SADDENED BY 
LY'S SENTENCE BECAUSE IT SHOWED HOW STRONGLY THE 
AUTHORITIES REACT AGAINST THOSE WHO SPEAK OUT. (NOTE: THESE 
NUNS ARE PROBABLY AFFILIATED WITH THE UNITED BUDDHIST 
CHURCH OF VIETNAM (UBCV).  END NOTE.)  THE NUNS CLAIMED 
THAT LY'S SENTENCE WAS SO HARSH BECAUSE BY SENDING HIS 
CRITIQUES OVERSEAS, HE HAD EMBARRASSED THE AUTHORITIES 
INTERNATIONALLY, A MUCH WORSE OFFENSE THAN CRITICIZING THEM 
DOMESTICALLY.  THE NETHERLANDS POLOFF ALSO REPORTED 
HAVING SPOKEN WITH PROMINENT UBCV MONK THICH THAI HOA, WHO IS 
CURRENTLY UNDER ADMINISTRATIVE DETENTION.  HE WAS ALSO 
REPORTEDLY SADDENED BY LY'S SENTENCE, BUT NOT AT ALL 
SURPRISED.  THE DEPUTY CHAIRMAN OF THE THUA TIEN HUE 
PROVINCIAL PEOPLE'S COMMITTEE COMPLAINED TO THE DUTCH 
AMBASSADOR THAT EVENING, ACCORDING TO VANDEN HEUVEL, THAT 
IT WAS INAPPROPRIATE FOR HER TO HAVE VISITED THICH THAI 
HOA. 
 
7.  (SBU)  POLOFF ALSO ASKED MFA AMERICAS DEPARTMENT'S MS. 
VAN ABOUT THE CURRENT STATUS OF THE INDIVIDUALS WHO HAD 
SOUGHT GOVERNMENT PERMISSION TO FORM AN ANTI-CORRUPTION NGO 
IN EARLY SEPTEMBER (REF C).  VAN, NAMING TRAN KHUE WITHOUT 
SPECIFIC PROMPTING, SAID THAT HE HAD NOT BEEN BROUGHT 
BEFORE THE COURTS, BUT WOULD BE IF HE CONTINUED TO ENGAGE 
 
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IN ACTIVITIES THAT WERE NOT "APPROPRIATE."  SHE COMPARED 
KHUE TO FATHER LY, CLAIMING THAT HE ALSO WAS ACTING IN HIS 
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OWN INTEREST AND WAS NOT TRULY INTERESTED IN HELPING "THE 
PEOPLE."  WHEN ASKED, SHE STATED SPECIFICALLY THAT HE WAS 
NOT UNDER ADMINISTRATIVE DETENTION (DECREE 31/CP), BUT WAS 
AS FREE TO TRAVEL AND TO SPEAK TO PEOPLE AS ANYONE ELSE. 
(NOTE:  HUMAN RIGHTS WATCH REPORTED RECEIVING INFORMATION 
FROM TRAN KHUE THAT HE HAD RECEIVED AN ORDER DATED OCTOBER 17 
PLACING HIM UNDER ADMINISTRATIVE DETENTION.  ACCORDING TO 
HUMAN RIGHTS WATCH'S INFORMATION, KHUE REFUSED TO ACCEPT 
THIS ORDER, SO IT WAS NOT YET IN EFFECT.  THEREFORE, EVEN IF 
SUCH AN ORDER HAS BEEN ISSUED, MS. VAN MAY TECHNICALLY HAVE 
BEEN CORRECT.  END NOTE.)  VAN REITERATED AN EARLIER 
RECOMMENDATION (REF D) NOT TO CONTACT MEMBERS OF THIS 
GROUP DIRECTLY BECAUSE IT WOULD HURT BILATERAL RELATIONS AT 
A SENSITIVE TIME. 
 
8.  (C) COMMENT:  EMBOFFS WILL CONTINUE FORCEFULLY TO 
EXPRESS OUR DISMAY OVER FATHER LY'S SENTENCING.  REGRETTABLY, 
EMBASSY CONTINUES TO DOUBT THAT SUCH EXPRESSIONS WILL HAVE ANY 
NOTICEABLE IMPACT IN CASES DEEMED BY THE GVN AS ESPECIALLY 
SENSITIVE. 
PORTER 
 
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