Cablegate: Upgrading Terrorism Laws

This record is a partial extract of the original cable. The full text of the original cable is not available.

120722Z Dec 01

2001HANOI03245 - UNCLASSIFIED

UNCLASSIFIED PTQ5973

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FM AMEMBASSY HANOI
TO SECSTATE WASHDC 4988
INFO AMCONSUL HO CHI MINH CITY

UNCLAS HANOI 003245

SIPDIS

FOR DS/ATA, S/CT, L/LEI, IO, AND EAP/BCLTV

E.O. 12958: N/A
TAGS: PTER PREL KTIA VM CTERR
SUBJECT: UPGRADING TERRORISM LAWS

REF: STATE 210627

1. ACCORDING TO SOURCES IN THE NATIONAL ASSEMBLY AND
UNCLASSIFIED

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MINISTRY OF PUBLIC SECURITY, VIETNAM HAS NO PLANS AT PRESENT
TO INTRODUCE NEW COUNTER-TERRORISM LEGISLATION OR TO UPGRADE
EXISTING LEGISLATION. EMBASSY CONVEYED WILLINGNESS TO BE OF
ASSISTANCE AND ENCOURAGED THE GVN TO CONSIDER SUCH NEW
LEGISLATION.

2. VIETNAM'S PENAL CODE HAS UNDERGONE AT LEAST THREE MAJOR
REVISIONS IN THE PAST FIVE YEARS TO INCLUDE TERRORISM-
OFFENSES. RELEVANT SECTIONS INCLUDE:
-- ARTICLE 84 (TERRORISM), AUTHORIZING SENTENCES OF BETWEEN
12 YEARS TO LIFE IMPRISONMENT, OR CAPITAL PUNISHMENT, FOR
THOSE "WHO INTEND TO OPPOSE THE PEOPLE'S ADMINISTRATION AND
INFRINGE UPON THE LIFE OF OFFICIALS, PUBLIC EMPLOYEES OR
CITIZENS," 5-15 YEARS IMPRISONMENT FOR CRIMES "INFRINGING
UPON PHYSICAL FREEDOM AND/OR HEALTH," 2-7 YEARS FOR
"THREATENING TO INFRINGE UPON LIFE OR COMMITTING OTHER ACTS
OF MORAL INTIMIDATION," AS WELL AS UNSPECIFIED PENALTIES FOR
THOSE "WHO TERRORIZE FOREIGNERS IN ORDER TO CAUSE
DIFFICULTIES TO THE INTERNATIONAL RELATIONS OF THE SRV";
-- ARTICLE 221 (HIJACKING AIRCRAFT, SHIPS), AUTHORIZING
SENTENCES OF 2-15 YEARS FOR THOSE WHO USE FORCE OR THREATEN
TO USE FORCE TO HIJACK AIRCRAFT OR SHIPS, WITH EVEN STIFFER
SENTENCES FOR THOSE WHO DO SO "IN AN ORGANIZED MANNER," OR
USE WEAPONS, ALONG WITH THOSE WHO INFLICT INJURY OR WHO ARE
REPEAT OFFENDERS. CASES CAUSING DEATH CAN LEAD TO SENTENCES
OF UP TO 20 YEARS OR CAPITAL PUNISHMENT;
-- ARTICLE 231 (DESTROYING IMPORTANT NATIONAL SECURITY
WORKS AND/OR FACILITIES), AUTHORIZING SENTENCES OF 3-12
YEARS FOR THOSE WHO DESTROY WORKS OR FACILITIES RELATED TO
COMMUNICATIONS, TRANSPORT, INFORMATION, ELECTRICITY, GAS,
IRRIGATION, OR OTHER AREAS RELATED TO SECURITY, DEFENSE,
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ECONOMICS, SCIENCE AND TECHNOLOGY, OR CULTURAL AND SOCIAL
AFFAIRS. SENTENCES MAY BE INCREASED TO 10-20 YEARS, LIFE
IMPRISONMENT, OR CAPITAL PUNISHMENT IN CASES CARRIED OUT "IN
AN ORGANIZED MANNER," HAVING "PARTICULARLY SERIOUS"
CONSEQUENCES, OR INVOLVING REPEAT OFFENDERS.
PORTER

UNCLASSIFIED

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