US embassy cable - 02HANOI3028

UNCLAS SECTION 01 OF 02 HANOI 003028 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR EAP/BCLTV AND DRL 
 
E.O. 12958:  N/A 
TAGS: PHUM, PREL, KIRF, EU, VM, ETMIN, HUMANR 
SUBJECT:  EU HUMAN RIGHTS DIALOGUE WITH VIETNAM 
                       UNCLASSIFIED 
 
 
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REF A:  FBIS SEP20021206000036 
REF B:  STATE 241039 
 
1.  (SBU)  SUMMARY:  THE EU, REPRESENTED BY THE TROIKA 
AMBASSADORS, HELD A HUMAN RIGHTS DIALOGUE WITH THE GVN IN 
HANOI ON DECEMBER 5 (REF A).  MORE THAN A DOZEN GVN 
OFFICIALS PARTICIPATED, INCLUDING REPRESENTATIVES OF THE 
MINISTRY OF FOREIGN AFFAIRS (MFA), MINISTRY OF PUBLIC 
SECURITY (MPS), AND MINISTRY OF JUSTICE (MOJ).  TOPICS 
INCLUDED THE CENTRAL HIGHLANDS, PRISONERS AND DETAINEES OF 
CONCERN, THE DEATH PENALTY, PRISON VISITS, AND FUTURE 
DIALOGUES.  THE GVN PROVIDED AN UPDATE OF THREE PERSONS OF 
CONCERN ON A EU LIST, AS WELL AS THREE OTHERS.  END SUMMARY. 
 
2.  (U)  THE EU HAS EMBARKED ON A TWO-TIER HUMAN RIGHTS 
DIALOGUE WITH THE GVN.  LONG-STANDING WORKING LEVEL 
DIALOGUES TAKE PLACE REGULARLY; THE LAST OCCURRED IN OCTOBER 
AND THE NEXT IS TENTATIVELY SCHEDULED FOR MARCH.  ON 
DECEMBER 5, THE EU TROIKA AMBASSADORS HAD THE SECOND HUMAN 
RIGHTS DIALOGUE AT THAT LEVEL; THE FIRST TOOK PLACE IN MAY 
2002 AND WILL CONTINUE ON A SEMI-ANNUAL BASIS, CORRESPONDING 
WITH CHANGES IN THE EU PRESIDENCY. AT THE LATEST MEETING, 
THE TROIKA (WITH ITALY REPRESENTING GREECE) HANDLED THE 
DIALOGUE BY ITSELF, WITHOUT ASSISTANCE FROM OTHER EU 
MEMBERS, ACCORDING TO EU EMBASSY CONTACTS.  THE NEXT TROIKA 
AMBASSADORS' MEETING WILL BE IN MAY 2003. 
 
3.  (SBU)  THE AMBASSADORIAL-LEVEL REPRESENTATION AT THE 
DECEMBER 5 DIALOGUE GAVE IT "MORE CLOUT" THAN NORMAL, 
ACCORDING TO ONE EU SOURCE (WITHOUT EXPLAINING THE EXACT 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  03028  01 OF 02  191033Z 
BENEFITS IN WHAT APPEARED TO A MOSTLY LACKLUSTER EXCHANGE). 
OVER A DOZEN GVN OFFICIALS ATTENDED, LED BY LE LUONG MINH, 
THEN-ACTING DIRECTOR OF MFA'S INTERNATIONAL ORGANIZATIONS 
DEPARTMENT.  (NOTE:  MINH, WHO ALSO HEADED THE GVN 
DELEGATION AT THE US-VIETNAM HUMAN RIGHTS DIALOGUE IN 
NOVEMBER, HAS SINCE BEEN ASSIGNED AS ACTING DIRECTOR OF THE 
MFA'S MULTILATERAL ECONOMIC COOPERATION DEPARTMENT.  END 
NOTE)  DEPUTY DIRECTORS OF THE EUROPE II DEPARTMENT, THE 
CONSULAR DEPARTMENT, AND THE PRESS DEPARTMENT ALSO 
REPRESENTED THE MFA.  AS AT THE VIETNAM/US DIALOGUE (REF B), 
THE PARTICIPATION OF MINISTRIES OTHER THAN THE MFA WAS 
UNPRECEDENTED FOR THE EU.  MOJ AND MPS REPRESENTATIVES ALSO 
ATTENDED THE BILATERAL HUMAN RIGHTS DIALOGUE WITH AUSTRALIA 
IN MAY 2002. 
 
4.  (SBU)  ACCORDING TO AN EU EMBASSY SOURCE, IT WAS 
"DIFFICULT" TO GET DISCUSSIONS GOING DURING THE THREE-HOUR 
MEETING, AS THE GVN FREQUENTLY ANSWERED EU QUESTIONS "WITH 
RHETORIC."  HOWEVER, EU REPRESENTATIVES CLAIMED TO HAVE 
FOUND "CONVINCING" THE ANSWER OF THE MFA PRESS DEPARTMENT'S 
REPRESENTATIVE ABOUT REPORTS THAT THREE MONTAGNARDS HAD BEEN 
EXECUTED RECENTLY BY LETHAL INJECTION.  THE PRESS OFFICIAL 
STATED THAT NOT ONLY WERE THE REPORTS OF DEATH UNTRUE, BUT 
THAT ONLY ONE OF THE THREE HAD EVEN BEEN IN DETENTION, AND 
HAD ALREADY BEEN RELEASED. 
 
5.  (SBU)  GVN OFFICIALS NOTED THE DIFFICULTIES IN CHECKING 
LISTS OF PERSONS OF CONCERN (SUCH AS THE LIST OF ABOUT 15 
PERSONS SUBMITTED AT THE OCTOBER WORKING-LEVEL DIALOGUE) 
BECAUSE SOME INDIVIDUALS WERE LISTED BY THEIR RELIGIOUS 
NAMES, WHILE PRISONER RECORDS ARE BY CIVIL NAMES. 
                       UNCLASSIFIED 
 
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NONETHELESS, THE GVN PROVIDED THE EU TROIKA AMBASSADORS ORAL 
UPDATES ABOUT THREE INDIVIDUALS ON THE OCTOBER LIST, AS WELL 
AS INFORMATION ABOUT THREE INDIVIDUALS NOT ON THE EU LIST 
(SEE PARA 8).  GVN OFFICIALS DID NOT EXPLAIN WHY THEY 
PROVIDED INFORMATION ON THE OTHER THREE, DESPITE QUESTIONING 
FROM THE EU PARTICIPANTS. 
 
6.  (SBU)  EU REPRESENTATIVES ASKED WHETHER DEATH PENALTY 
STATISTICS WERE AVAILABLE.  (NOTE: THERE IS SOME FEELING 
AMONG HANOI-BASED EU MEMBER COUNTRY DIPLOMATS THAT THE GVN 
DOES NOT CARRY OUT ALL OF THE DEATH SENTENCES IT IMPOSES, 
AND THAT THIS COULD BE SEEN AS A FAVORABLE HUMAN RIGHTS 
POINT.  END NOTE)  THE GVN SIDE REPLIED THAT NO SUCH 
STATISTICS ARE AVAILABLE, BUT SOME OF THE GVN DELEGATES 
APPEARED TO GRASP THE EU'S POINT THAT THEY MIGHT TELL A MORE 
FAVORABLE STORY, ACCORDING TO ONE EU EMBASSY SOURCE. 
 
7.  (SBU)  THE EU TROIKA REQUESTED PERMISSION TO VISIT Z30A 
PRISON IN DONG NAI OR B14 PRISON NEAR HANOI; BOTH REPORTEDLY 
HOUSE A NUMBER OF PERSONS OF CONCERN.  GVN OFFICIALS 
INDICATED WILLINGNESS TO ARRANGE A PRISON VISIT "ANY TIME," 
BUT AS OF DECEMBER 18 HAD NOT YET REPLIED TO THIS EU 
REQUEST.  (NOTE:  IN JUNE THE GVN TURNED DOWN A CANADIAN 
EMBASSY REQUEST TO VISIT B14. END NOTE) 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ2050 
 
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ACTION EAP-00 
 
INFO  LOG-00   NP-00    AID-00   AMAD-00  CIAE-00  DOEE-00  SRPP-00 
      DS-00    EB-00    FBIE-00  UTED-00  VC-00    H-01     TEDE-00 
      INR-00   IO-00    LAB-01   L-00     VCE-00   MOFM-05  MOF-01 
      AC-01    NSAE-00  NSCE-00  OIC-02   OMB-01   OPIC-01  PA-00 
      PER-00   PM-00    PRS-00   ACE-00   P-00     SP-00    SS-00 
      STR-00   TEST-00  TRSE-00  T-00     USIE-00  ECA-00   IIP-00 
      PMB-00   DSCC-00  PRM-00   DRL-02   G-00     NFAT-00  SAS-00 
        /015W 
                  ------------------1A24FF  191033Z /38 
R 190951Z DEC 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC 8421 
INFO ALL EUROPEAN UNION POST COLLECTIVE 
AMEMBASSY PHNOM PENH 
AMEMBASSY VIENTIANE 
AMCONSUL HO CHI MINH CITY 
SECDEF WASHDC//ISA/ACHAO// 
USCINCPAC HONOLULU HI 
 
UNCLAS SECTION 02 OF 02 HANOI 003028 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR EAP/BCLTV AND DRL 
 
 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  03028  02 OF 02  191033Z 
SUBJECT:  EU HUMAN RIGHTS DIALOGUE WITH VIETNAM 
 
8.  (SBU)  GVN ORAL REPORTS ON PRISONERS: 
 
-- FATHER NGUYEN VAN LY:  HAS NOT YET QUALIFIED TO HAVE ANY 
REDUCTION IN SENTENCE "SINCE HE HAS NOT MADE ANY PROGRESS" 
(NO. 1 EU LIST)(IN A SEPARATE CONVERSATION ON DECEMBER 18, 
VICE FOREIGN MINISTER LE VAN BANG MADE A SIMILAR POINT ABOUT 
FATHER LY TO AMBASSADOR.) 
-- PHAM MINH TRI (AKA FATHER JOHN PHAM NGOC LIEN): 
SENTENCED 20 YEARS FOR DAMAGING NATIONAL UNITY, SENTENCE 
REDUCED BY 21 MONTHS, (NO. 2 EU LIST).  (POST NOTE:  WITH 
THE REDUCTION IN SENTENCE HE WOULD BE SCHEDULED FOR RELEASE 
O/A AUGUST 21, 2005.) 
-- NGUYEN DINH HUY:  SENTENCED 15 YEARS FOR DAMAGING 
NATIONAL UNITY, REDUCED BY 15 MONTHS (NO. 12 EU LIST). 
(POST NOTE:  IN AUGUST 2001, THE GVN INFORMED POST THAT 
HUY'S SENTENCE HAD BEEN REDUCED BY 12 MONTHS.  IT IS NOT 
CLEAR WHETHER THIS IS AN ADDITIONAL 15-MONTH REDUCTION OR 
MERELY AN ADDITIONAL THREE MONTH REDUCTION; IF THE LATTER, 
HE WOULD BE SCHEDULED FOR RELEASE O/A AUGUST 17, 2007.) 
-- PHAM CONG HIEN (AKA HIEN NHON):  SENTENCED TO TWO YEARS 
IN PRISON IN OCTOBER 2000, RELEASED AFTER 21 MONTHS.  (POST 
NOTE:  THE GVN PROVIDED POST THE SAME INFORMATION IN AUGUST 
2001.) 
-- NGUYEN DUC HUAN:  SENTENCED TO 20 YEARS OF PRISON FOR 
DAMAGING NATIONAL UNITY.  (POST NOTE:  POST HAS NO 
INFORMATION UNDER THIS NAME.) 
-- HUYN VAN BA:  SENTENCED TO LIFE, LATER REDUCED TO 20 
YEARS.  (POST NOTE:  AKA THICH THIEN MINH, THE GVN PROVIDED 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  03028  02 OF 02  191033Z 
POST THE SAME INFORMATION IN AUGUST 2001.) 
BURGHARDT 
 
                       UNCLASSIFIED