US embassy cable - 05HOCHIMINHCITY396

UNCLAS  HO CHI MINH CITY 000396 
 
SIPDIS 
 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, SOCI, PREL, KIRF, PGOV, VM, HUMANR, RELFREE 
SUBJECT: APPEAL OF MENNONITE PASTOR QUANG AND MEDIA AFTERMATH 
 
REF:  A) HCMC - BCLTV 4/13 E-mail B) Hanoi - BCLTV 4/13 E-mail C) 
 
04 HCMC 1422 823  D) HCMC 86  E) HCMC 293 F) HCMC 142 
 
1.  (SBU)Summary: On April 12, an HCMC Court denied an appeal to 
overturn the conviction and three-year sentence of Mennonite 
Pastor Nguyen Hong Quang.  Quang's lawyer, Nguyen Van Dai, 
complained that the judge ignored his argument that Pastor Quang's 
"infractions" during a March 2004 altercation with police were a 
breach of administrative law only, and not subject to criminal 
penalties.  ConGen officers met with representatives of several 
religious groups peacefully gathered outside the courthouse.  Two 
of the Pastor Quang's followers who were released from prison in 
December 2004 were there; they continued to maintain that they are 
suffering from police abuse inflicted in prison, although they 
appeared and acted physically and mentally fit.  (Ref D questions 
these allegations.)  In private, Dai and another colleague of 
Pastor Quang told us that the Mennonites had exaggerated reports 
of police torture and abuse to attract greater international 
attention and sympathy.  They said that they understood that this 
undermines their credibility and jeopardizes any possibility for 
cooperation with the Vietnamese.  Nonetheless, on April 13, Dai 
gave an interview with Radio Free Asia (RFA) in which he 
mischaracterized the meeting at the Consulate General, in part by 
claiming that "the USG would have appropriate measures to ensure 
Quang's early release."   End summary. 
 
Appeal Rejected 
--------------- 
 
2. (SBU) On April 12, the HCMC Appeals Court heard and rejected 
the appeal of Mennonite Pastor Nguyen Hong Quang to overturn his 
three-year sentence for "instigating a disturbance of public order 
and systematically resisting law enforcement officers."  That 
ruling was handed down in the HCMC criminal court on November 12, 
2004 (ref C).  Pastor Quang will be eligible for release in June 
2007.  Two other members of the "Mennonite 6" -- Lay Pastor Pham 
Ngoc Thach and Le Thi Hong Lien -- also must serve out their two- 
year and one-year sentences.  Our request to attend the appeal of 
Pastor Nguyen Hong Quang was denied and PolOff was not allowed to 
enter the courthouse. 
 
3. (SBU) Approximately 150 people peacefully assembled  outside 
the courthouse to support Quang, including leaders of the 
Protestant house church movement, a representative of the Southern 
Evangelical Church of Vietnam and the activist Catholic priest 
Father Chan Tin.  Police officers established a perimeter 20 
meters from the courthouse entrance.  The religious leaders 
expressed their gratitude for the USG presence at the appeal. 
They noted that security officials had followed them to the 
courthouse and that police had attempted to convince some of them 
not to attend but did not stop them from doing so. 
 
More Allegations of Torture 
--------------------------- 
 
3. (SBU) Present at the courthouse were Nguyen Thanh Nhan and 
Nguyen Hieu Nghia, two of the Mennonite 6 that were released in 
December 2004.  (Per ref D, the two brothers alleged severe 
torture in prison, although our interviews with them in January 
cast serious doubt on their claims.)  At the court, the two 
brothers appeared in good health and fully mobile, although Nhan 
complained of constant pain in his left leg, and an inability to 
bend his back. 
 
4. (SBU) At the trial we also met with Le Quang Du, father of Le 
Thi Hong Lien.  Du said that he visited Lien on 10 April at the 
Bien Hoa mental hospital.  He stated that she had regained her 
awareness, recognized him, but complained of continued beatings 
and physical abuse.  However, in phone conversations with Du in 
late March and early April, Lien's father said that he was 
relieved that Lien had recovered and said she did not complain of 
new abuse.  Her father told us that, in fact, Lien had asked him 
to request her transfer back to prison as the other residents at 
the mental hospital were scaring her. (Ref E reports more on the 
status of Lien.) 
 
Lawyer bemoans lack of "rule of law" 
------------------------------------ 
 
5. (SBU) Nguyen Van Dai, Pastor Quang's lawyer for the appeal, met 
with us on April 8 and again on April 12 following the appeal.  At 
the second meeting Dai was accompanied by Presbyterian Pastor Ho 
Tin Khoa, an associate of Pastor Quang, reportedly at Quang's 
request.  Dai told us that he met with Pastors Quang and Thach in 
the days before the appeal to review his legal strategy and to 
check on their welfare.  Dai said both appeared physically and 
mentally healthy. 
 
6. (SBU) Dai said that at the appeal, his strategy was not to 
contest the "facts" as presented by the prosecution, but to 
challenge the legal basis for charging Quang with criminal 
violations.  Dai attempted to argue that the violations for which 
 
the Mennonite 6 were charged should only have merited a fine, not 
prison. 
 
7. (SBU) Dai maintained that the judge did not address the 
question of law that he raised.  The judge also denied a motion to 
allow lawyer Bui Duc Truong to represent Pastor Thach at the 
appeal.  (Truong represented Thach at the original November 
trial.)  The judge also barred Truong from even being present in 
the courtroom as an observer.   Dai charged that the judge 
"tricked him" into missing an opportunity to cross-examine the 
prosecution's witnesses.  Once he receives the court's written 
decision -- expected by April 22 -- he and Quang will decide 
whether another appeal is possible on procedural or other grounds. 
 
8. (SBU) Dai confirmed previous reports that Quang had rejected a 
plea bargain deal (ref F) in which Quang would drop his appeal and 
that he and the remaining Mennonite prisoners would be released 
with time served.  He said that Quang considered the offer, but 
could not accept on principle, as he believed he had done nothing 
wrong.  Quang believed that accepting a plea deal would validate 
the State's accusation against him. 
 
The Truth Is Tough Enough 
------------------------- 
 
9. (SBU) We discussed with Dai and Pastor Khoa indications that 
the Mennonites had embellished or exaggerated accounts of abuse. 
We emphasized that such actions undermine not only their 
credibility, but could jeopardize other efforts to highlight real 
shortcomings in human rights and religious freedom in Vietnam. 
Pastor Khoa said that in the past the Mennonites had embellished 
stories out of emotion or to generate international attention. 
Khoa added that he was encouraged that local officials of the 
Fatherland Front had begun to consult with him on legalization of 
his house church's status under Vietnam's new legal framework on 
religion. 
 
10. (SBU) Dai said that Pastor Thach had commented to him that 
during the first month following his arrest he was beaten once, 
slapped by a police officer on another occasion and verbally 
abused repeatedly.  Thach told Dai that, after that first month, 
conditions improved.  Dai's understanding is that none of the 
other Mennonite 6 received any worse treatment than Thach.  In our 
April 12 meeting, Dai said that Pastor Quang did not complain of 
abuse, when he met him in prison for two hours on April 9.  As we 
discussed the series of confrontations between Quang and police in 
the months before his arrest, Dai said that Quang confided that, 
upon his release, he would take a "softer line" in dealing with 
local authorities. 
 
Role of the USG and RFA 
----------------------- 
 
11. (SBU) In our second meeting, Dai asked what the USG would do 
to support Quang.  We reiterated the USG commitment to greater 
religious freedom and respect for human rights for all Vietnamese 
but did not commit to any specific action on Quang's behalf other 
than reporting developments to Washington.  We emphasized that we 
understood that the courts in Vietnam were not independent and 
that ruling on the appeal was not a surprise, irrespective of the 
quality of the defense's legal arguments.  However, we also 
pointed out that Pastor Quang's provocative behavior prior to his 
arrest and the misleading statements issued by the Mennonites over 
their treatment complicated the situation. 
 
12. (SBU) Following our meeting, Dai gave a phone interview with 
Radio Free Asia, in which he stated that "[U.S. diplomats] 
understood that the sentence was not fair to Mr. Quang" and, that 
"the USG would have appropriate measures to help Mr. Quang to be 
released early."  On the morning of April 13 we spoke with Dai, 
who said that he had been became overly emotional during the RFA 
interview.  He claimed that, because of these emotions, he did not 
pay attention to what he said and acknowledged that he 
mischaracterized our conversation to RFA and promised to retract 
or clarify his statement.  On April 14, Dai emailed us a copy of a 
fax he sent to RFA in which he said that the U.S. diplomats did 
not commit to taking measures to secure Quang's early release. 
 
13. (SBU) Comment:  Refs A and B contain suggested "if asked" 
press guidance and background to correct Dai's assertions to RFA. 
Dai's private acknowledgement that the Mennonites should stick to 
the facts and his subsequent clarification to RFA are encouraging. 
However, overall, the organization can't seem to break itself of 
the habit of spinning for an international audience. 
Unfortunately, such acts poison the waters with Vietnamese 
officialdom even as the GVN is  beginning to reach out to the 
house church movement.  Despite the Mennonites media excesses, 
there are reasons to be concerned -- but not surprised -- over how 
the courts handled Quang's appeal, but we reserve final judgment 
until we obtain and read the written ruling on Quang's appeal. 
End comment. 
 
WINNICK 
 
 
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