US embassy cable - 05HOCHIMINHCITY816

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000816 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR EAP/BCLTV, DRL/IRF, DRL 
 
E.O. 12958: N/A 
TAGS: PHUM, SOCI, PREL, PGOV, KIRF, VM, Human Rights, Religious Freedom 
SUBJECT: PASTOR TRUONG STILL IN THE ASYLUM -- ACTION REQUEST 
 
REF:  A) Hanoi 1781; B) Hanoi 1434 (notal); C) Hanoi 1389; 
D) HCMC 581 E) Hanoi 1379 F) HCMC  493 
 
1.  (U) This is an action request which has been cleared by 
Embassy Hanoi.  Please see paragraph 7. 
 
2.  (SBU) Baptist Pastor Than Van Truong remains confined in 
the criminal ward of Central Mental Hospital #2 in Dong Nai 
province with no resolution of his case in sight.  Over the 
past month, Dong Nai officials have hardened their stance 
and now appear unwilling to release him.  According to 
Truong's lawyer Nguyen Van Dai and Truong's former attending 
physician in the hospital (both strictly protect), in June, 
the hospital had concluded that Truong was "healthy enough 
to be treated at home" and recommended his release. At that 
time, the hospital director reportedly had told Dai that 
Truong had the mental capacity to be responsible criminally 
and it was not necessary to continue forced medical 
treatment measures.  The Director said that he would propose 
to the Prosecutor's office to release the Pastor.  Two weeks 
later, the Director told Dai that he had reported to the 
Dong Nai Prosecutor only that "Truong had made some 
progress."  The Prosecutor then ordered that treatment be 
continued until Truong had "recovered fully."  Separately, 
on June 27, the Chairman of the Dong Nai People's Committee 
responded to a ConGen inquiry writing that: "Than Van Truong 
is a Vietnamese citizen who violated Vietnamese law.   His 
mandatory medical treatment strictly follows procedures set 
by law." 
 
3. (SBU) In July, Dai said he spent a week in Dong Nai 
seeking a meeting with the Prosecutor, but was rebuffed. 
According to Dai, the Prosecutor also separately refused to 
meet Truong's wife on July 27.  On the recommendation of 
Dai, Truong's wife filed a motion in the Dong Nai criminal 
courts challenging the October 2004 decision to 
involuntarily commit the pastor.  He does not hold hope that 
this legal gambit will succeed, however. 
 
4. (SBU) On July 5, ten leaders of the Protestant house 
church community visited Truong at the hospital.  One of the 
pastors, Pham Dinh Nhan (strictly protect), told us that 
they had spent nearly three hours meeting and praying with 
Truong.  (Dai forwarded us digital pictures of the pastors' 
meeting with Truong.)  According to Nhan, the pastors were 
convinced that Truong showed no signs of mental illness and 
agreed to petition the GVN and Dong Nai authorities 
requesting Truong's release.  Nhan added that several days 
after his visit, other pastors visited Truong at the 
hospital and reportedly saw a notice reading "no pictures, 
no prayer." 
 
5. (SBU) We understand from a British colleague that in late 
June Truong was placed on the EU list of prisoners and 
detainees of concern.  Following that decision, the British 
requested the MFA to facilitate a meeting between its 
EmbOffs and Truong, but the MFA has not yet replied. 
Separately, Dai added that in July he also briefed a 
visiting German human rights rapporteur in Hanoi, who 
promised to raise the Truong case with the GVN. 
 
6. (SBU) Mission officers have repeatedly raised Truong's 
case at all levels of the GVN. The Ambassador raised it most 
recently with Assistant FM Nguyen Duc Hung on July 28; 
previously he raised the case with Vice Foreign Minister Le 
Van Bang on July 11 (ref A). On June 14, the Ambassador had 
a lengthy exchange on Truong's case with Vice Minister of 
Public Security Nguyen Van Huong (ref B) in which Huong 
stated that Truong's continued confinement was a "health 
official's decision" and that the GVN "does not use mental 
hospitals to address security issues." Recent developments 
appear to contradict VM Huong's assurances to the 
Ambassador. 
 
7. (SBU) Action Request:  Dai believes that he has no 
further legal or lobbying options that he can pursue in Dong 
Nai.  In light of the lack of progress in securing Truong's 
release, Mission believes a Washington approach is now 
warranted.  Mission requests the Department express to the 
Vietnamese Embassy in Washington our concerns over the 
Truong case.  Possible talking points are provided below. 
 
8. (SBU) Begin Talking Points: 
 
-- There is a situation in Dong Nai Province that we want to 
bring to your attention as it has been attracting the 
attention of an increasing number of Americans, including 
Members of Congress. 
 
-- This is a case involving Than Van Truong, who was 
involuntarily committed to a mental institution in Dong Nai, 
apparently for the peaceful expression of his religious and 
political beliefs. 
 
-- In July 2004, Truong's wife was informed that he had been 
taken to a mental hospital for diagnosis. 
 
-- On September 30, 2004, the Ministry of Public Security in 
Dong Nai and the provincial prosecutor's office 
administratively ordered that Truong be admitted to the 
criminal ward of Bien Hoa Mental Hospital. 
 
-- Officials in Dong Nai have confirmed to our Consulate in 
Ho Chi Minh City that Truong is not violent, nor does he 
pose a threat to himself, his family, or to others. We 
understand that medical professionals have concluded that 
Truong does not need to be in a mental institution. 
 
-- We want to continue to focus on the positive following 
the very successful visit of the PM to the United States. 
This means that we need to work quickly and effectively 
together to resolve areas of dispute whenever possible 
before they become a more serious and publicly contentious 
issue. 
 
-- In the case of Truong, we urge that he be released 
promptly and unconditionally, lest his continued confinement 
lead an increasing number of Americans and other 
international observers conclude that he is only being 
punished -- by being detained in a mental institution -- for 
having peacefully expressed his religious and political 
views. 
 
End Talking Points. 
 
CHERN