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Cablegate: Gvn Previews National Day Amnesties, Including One Amcit

VZCZCXRO2413
OO RUEHHM
DE RUEHHI #2186 2400730
ZNR UUUUU ZZH
O 280730Z AUG 06
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3198
INFO RUEHHM/AMCONSUL HO CHI MINH CITY IMMEDIATE 1708
RUEHBK/AMEMBASSY BANGKOK 5060
RUEHBJ/AMEMBASSY BEIJING 6752
RUEHPF/AMEMBASSY PHNOM PENH 3586
RUEHVN/AMEMBASSY VIENTIANE 3837
RHEHNSC/NSC WASHDC

UNCLAS HANOI 002186

SIPDIS

SENSITIVE
SIPDIS

DEPT PASS TO EAP/MLS; DRL/AWH; DRL/IRF; CA/OCS/EAP

E.O. 12958: N/A
TAGS: PREL PHUM KIRF OASC CASC VM
SUBJECT: GVN Previews National Day Amnesties, Including One Amcit
and Two Prisoners of Concern


1. (SBU) Summary: The MFA informed us August 28 that Amcit Nguyen
Bach and two prisoners of concern to the USG -- Dr. Pham Hong Son
and Ma Van Bay -- will be released on the occasion of Vietnam's
September 2 National Day amnesty. Although the releases are
"without conditions," there will be certain restrictions that attend
to their respective terms of probation. Two other prisoners of
concern, Nguyen Vu Binh and Phan Van Ban, will not be released
because they "have not yet met the conditions for amnesty." End
Summary.

2. (SBU) Pol/C met August 28 with MFA International Organizations
Department Senior Officer Pham Thi Kim Anh, who provided formal
notification of State President Nguyen Minh Triet's August 25
decision to amnesty AmCit Nguyen Bach and prisoners of concern Pham
Hong Son and Ma Van Bay (background information in paragraph 7).
Pol/C welcomed the news and, in response to his question about the
timing of and conditions for their release, Anh said that they will
be released "as soon as possible" to allow them to enjoy National
Day with their families. Furthermore, there are no conditions for
their release, per se, but because they will be on probation for
"some time," there will be "certain things they can and cannot do."
(Note: For other amnestied prisoners of concern, this has meant
travel and other restrictions. End Note.)

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3. (SBU) On the subject of remaining prisoners of concern Nguyen Vu
Binh and Phan Van Ban, Anh said that they will not be amnestied
because they are not yet eligible. In Binh's case, he is not
eligible because he has not served one-half of his sentence. (Note:
Binh was sentenced to seven years' imprisonment on December 31,
2003. End Note.) In Ban's case, he would only be eligible for
amnesty if his life sentence (imposed in 1985) were commuted to 20
years, which has not yet happened. Pol/C urged the GVN to consider
releasing both these men and repeated the Ambassador's standing
request to visit Nguyen Vu Binh in prison. Anh said that the MFA
had looked hard at Ban's case, particularly because his son is an
Amcit living in the United States, and would "continue to work on
it."

4. (SBU) Four ethnic minority prisoners -- Ksor Drual and Siu Quyet
(from Prison No. 5 in Thanh Hoa Province), Kpa Ylieu (Xuan Phuoc
Prison) and Y Oal Nie (Nam Ha Prison) -- will also be amnestied.
(Note: According to our files, Nie is an ethnic minority Ede from
Dak Lak Province who had been serving a five-year sentence for
"sabotaging national unity." The other three individuals are
unknown to us at this time. End note.)

5. (SBU) Comment: The release of Son and Bay is welcome news. Son
has been our top prisoner of concern for nearly two years and the
USG has made many representations on behalf of both of them. We
will make arrangements to meet with both Pham Hong Son and Ma Van
Bay at an appropriate time after their release.

6. (SBU) Comment, cont'd: With this amnesty, our list of religious
prisoners of concern has been wiped clean, and our overall list of
concern is down to two names. We will continue to press for the
release of Nguyen Vu Binh and Phan Van Ban, as well as a meeting in
prison between the Ambassador and Binh. End Comment.

7. (SBU) Background on prisoners of concern.
-- Pham Hong Son. A cyber-dissident who was arrested by police
after he translated an article from the website of the U.S. Embassy
in Vietnam, titled "What is Democracy," and sent it to senior
Vietnamese officials. Son was sentenced to 13 years for espionage
on June 17, 2003, after a five-hour closed trial. This was reduced
to five years' imprisonment on appeal on Aug 26, 2003.
-- Ma Van Bay. A Protestant church leader in Ha Giang Province, Bay
was arrested in 1997 and charged with theft after collecting
voluntary donations for church use. Bay escaped from custody and
lived for several years in Binh Phuoc Province. In November 2003,
he was arrested again and returned to Ha Giang and sentenced to six
years' imprisonment on April 28, 2004.

MARINE

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