US embassy cable - 03HANOI1533

UNCLAS HANOI 001533 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR EAP/BCLTV and DRL 
 
E.O. 12958:  NA 
TAGS: PHUM, PGOV, PINS, VM, HUMANR 
SUBJECT:  Thirteen-Year Sentence for Pham Hong Son 
 
 
1.  (U)  This is an action request.  See paragraph 7. 
 
2.  (SBU)  Summary:  The Hanoi People's Court sentenced Pham 
Hong Son to thirteen years in prison followed by 3 years 
administrative probation after a trial that lasted several 
hours on June 18.  The conviction appears to have been for 
"espionage" under Article 80 of the SRV Criminal Code.  The 
charge against him does not specifically mention his 
translation and distribution of "What is Democracy."  His 
wife, Vu Thuy Ha, was allowed into the trial, but poloff and 
other foreign observers were barred, despite persistent 
official requests to attend.  Embassy requests clearance of 
suggested press guidance.  End Summary. 
 
3.  (SBU)  Poloff obtained what appears to be a translation 
of the charge against Son.  The specific crime cited is: 
"Providing or collecting secret information belonging to the 
Government to foreign countries; collecting other documents 
forward (sic) the purpose of using for foreign countries 
against the Government of the Socialist Republic of 
Vietnam."  The charges mention no specific "countries," but 
connect Son with Nguyen Gia Kieng, "a suspected leader of 
Thong Luan's group in France."  Embassy is not familiar with 
this person or this group. 
 
4.  (SBU)  According to a journalist who arrived early at 
the court, Ms. Ha, Son's wife, was allowed into the court, 
but her brother was not.  The journalist said a few other 
Vietnamese persons entered the court at that time, but he 
did not recognize any of them, having expected to see some 
of the activists who had appeared outside the court during 
Le Chi Quang's trial in November 2002. 
 
5.  (SBU)  Court officials did not allow poloff or any other 
of eight foreign diplomats and journalists present to enter 
the court.  The Hanoi People's Court did not answer 
Embassy's written request for permission to attend the 
trial, although it had promised a reply by June 12.  Embassy 
phoned the court repeatedly beginning June 12, but court 
officials invariably said that the Deputy Chief Judge -- who 
alone had authority to answer -- was busy and/or 
unavailable. 
 
6.  (SBU)  Five other Western embassies submitted requests 
to attend the trial, some through the Ministry of Foreign 
Affairs' (MFA) Consular Department.  None received a formal 
response before the trial began.  After repeated follow-up 
phone calls, the Consular Department informed one Western 
diplomat waiting outside the court over an hour after the 
trial began that MFA would be informing the court that 
"there was no need for foreigners to attend Son's trial." 
The Canadian Embassy subsequently received a fax (Para 8) 
from the MFA explaining the decision. 
 
7.  (SBU)  Suggested press guidance: 
 
We strongly condemn this harsh sentence on Pham Hong Son and 
remain convinced than no one should be imprisoned even for 
one day for the peaceful expression of non-violent views. 
 
8.  (SBU)  Canadian Embassy unofficial translation of MFA 
Consular Affairs fax: 
 
"Pham Hong Son is a Vietnamese citizen who has violated 
Vietnamese laws.  The trial of (his) case is the internal 
affairs of the Court.  In addition, to date the People's 
Court of Hanoi has not arranged for any representatives of 
any foreign countries to attend a trial of a Vietnamese 
citizen.  Therefore it is regrettable that the People's 
Court of Hanoi is not in a position to meet the request of 
the Embassy." 
BURGHARDT