US embassy cable - 02HANOI2600

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Identifier:	02HANOI2600
Wikileaks:	View 02HANOI2600 at Wikileaks.org
Origin:	Embassy Hanoi
Created:	2002-10-29 03:32:00
Classification:	UNCLASSIFIED
Tags:	PHUM PGOV SOCI VM
Redacted:	This cable was not redacted by Wikileaks.

UNCLAS HANOI 002600 
 
SIPDIS 
 
STATE FOR EAP/BCLTV AND DRL 
 
E.O. 12958:  N/A 
TAGS: PHUM, PGOV, SOCI, VM 
SUBJECT:  ADDITIONAL 2002 AMNESTIES 
 
REF:  HANOI 2596 
 
1.  (U)  ON OCTOBER 18, VIETNAMESE STATE PRESIDENT TRAN DUC 
LUONG OFFICIALLY GRANTED AMNESTY TO 3,069 INMATES FROM 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  02600  290339Z 
PRISONS UNDER THE MANAGEMENT OF EITHER THE MINISTRY OF 
PUBLIC SECURITY OR THE MINISTRY OF NATIONAL DEFENSE.  THIS 
IS IN ADDITION TO THE AMNESTIES FOR 6,223 OTHER PRISONERS 
(INCLUDING FOURTEEN FOREIGNERS, ONE OF WHOM WAS AN AMERICAN 
CITIZEN) ON THE OCCASION OF VIETNAM'S NATIONAL DAY ON 
SEPTEMBER 2 OF THIS YEAR.  WHEN ASKED AT A PRESS CONFERENCE 
WHETHER ANY OF THE AMNESTIES RELATED TO POLITICAL CRIMES, 
VICE FOREIGN MINISTER NGUYEN PHU BINH PREDICTABLY ASSERTED 
THAT "THERE ARE NO POLITICAL PRISONERS IN VIETNAM. THOSE WHO 
ARE REHABILITATED AT CAMPS HAD BROKEN THE LAW AND BEEN TRIED 
AT COURT."   BETWEEN 1990 AND 2001, THE GVN GRANTED AMNESTY 
TO A REPORTED TOTAL OF 35,259 INMATES, OF WHOM MORE THAN 
23,000 WERE RELEASED IN 2000 ON THE OCCASION OF THE 55TH 
ANNIVERSARY OF THE FOUNDING OF THE SRV. 
 
2.  (U)  ACCORDING TO LOCAL MEDIA, TO QUALIFY FOR AMNESTIES, 
INMATES MUST HAVE MANAGED TO PAY ALL OF THEIR "BRACKET 
PENALTIES," WHICH INCLUDE FINES AS WELL AS ANY COMPENSATION 
FOR THE DAMAGE CAUSED BY THEIR CRIMES.  THEY MUST ALSO MEET 
OTHER CRITERIA OF ELIGIBILITY, SUCH AS GOOD BEHAVIOR AND 
POLITICAL EDUCATION.  A SPECIAL "CENTRAL COMMISSION," 
CONSISTING OF REPRESENTATIVES FROM THE MINISTRIES OF PUBLIC 
SECURITY, JUSTICE, AND FOREIGN AFFAIRS AS WELL AS FROM THE 
OFFICE OF THE PRESIDENT, THE OFFICE OF THE GOVERNMENT, THE 
SUPREME PEOPLE'S PROCURACY, AND THE SUPREME PEOPLE'S COURT, 
IS RESPONSIBLE FOR REVIEWING THE PROPOSED LIST OF INMATES 
CONSIDERED ELIGIBLE FOR AMNESTY AND SUBMITTING ITS 
RECOMMENDATIONS TO THE STATE PRESIDENT FOR APPROVAL. 
 
3.  (U)  THERE HAVE BEEN UNCONFIRMED REPORTS OF CORRUPTION 
IN THIS YEAR'S PROCESS.  WHILE IN THEORY ALL INFORMATION 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  02600  290339Z 
ABOUT POSSIBLE ELIGIBILITY FOR AMNESTY SHOULD BE TREATED AS 
CLASSIFIED, ALLEGATIONS HAVE SUGGESTED THAT PRISON OFFICIALS 
SOMETIMES DISCLOSE THE INFORMATION ABOUT "POSSIBLE" 
ELIGIBILITY TO SPECIFIC INMATES, ESPECIALLY THOSE CHARGED OF 
DRUG-RELATED OR ECONOMIC CRIMES (WHO ARE DEEMED MORE 
"FINANCIALLY CAPABLE"), AND SOLICIT BRIBES TO ENSURE THAT 
THESE APPLICATIONS WILL BE TREATED IN A MORE FAVORABLE 
MANNER.  ACCORDING TO A REPORT FROM INVESTIGATORS AT THE 
SUPREME PEOPLE'S PROCURACY, ONE INMATE CONVICTED OF A DRUG- 
RELATED CRIME RECENTLY COMMITTED SUICIDE IN A PRISON IN 
NORTHERN VIETNAM DUE TO HIS APPARENT DISAPPOINTMENT THAT HIS 
FAMILY HAD NOT MANAGED TO PAY TO SETTLE HIS "BRACKET 
PENALTIES," AND HENCE HE WAS STILL NOT ELIGIBLE FOR AMNESTY. 
INTERESTINGLY, THE NOT USUALLY VERY INVESTIGATIVE LOCAL 
MEDIA HAS ITSELF RAISED THE QUESTION ABOUT HOW THAT  INMATE 
LEARNED ABOUT HIS POSSIBLE "ELIGIBILITY" IN THE FIRST PLACE. 
BURGHARDT 
 
                       UNCLASSIFIED