IV CTZ FIELD TRIP, OBSERVATIONS AND RECOMMENDATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00310R000200410012-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 16, 2016
• Document Release Date: January 26, 2005
• Sequence Number: 12
• Publication Date: June 6, 1968
• Content Type: MFR

Approved F
SUMMARY OF
. 1.. In an of fa
Processing of Civil
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Province commencing
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Staff, as well as f
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elease. 2005/02/10 : CIA-RDP72-0038000200410012-8
6 June 1968
id Trip, Observations and Recommendations
t to continue the study of the Legal
an, Security Suspects(CSS's), this
a trip to IV CTZ Can The and Kien Hoa
10 May 1968 and ending 19 May 1968.
cooperation from the Regional PHOENIX
on the Kien Has PHOENIX team, particu-
CPT David ickman S.TA TV CTZ Ad
Courts was contactd_ in .re ard~to the o ritoo to Mil
d
IV CTZ Military Courts. Among other things, he repf the
that the IV CTZ Field Court has a backlog of 218 desertion
cases plus 400 other suspects in prison, approximately 1/2
of whom are civilian subversives. He noted that pre-trial
confinement often runs over a year. The prosecutor usually
has a dossier about 5 months before the case is brought to
trial.
3. In Kien Hoa Province, five districts were visited -
Don Nhon, Ham Long, Truc Giang, Giong Tram, and Binh Dal.
District and police officials, and their American advisors
were interviewed. In Can Tho, regional and provincial
police and judicial officials were contacted, as were the
appropriate American counter-parts.
4. Mr. Tran van An, Chief of the Special Branch, Kien
Has Province was somewhat vague in his responses to questions,
Initially saying that PSB can hold a prisoner one month at
the most, he later contradicted this saying that the longest
he has the power to detain is 48 hours. 80% of the suspects
that PSB receives come from 8-2; 20% from the police, either
district or provincial.
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5. Concerning the reports from the district on VC suspects,
Mr. An noted that he receives very thorough !sports from
district. He objOcted the term "suspect" observing that those
detainees he receives for interrogation are usually always
guilty, having ben already screened as to guilty or innocent
at district or at the 8-2. Rarely are any of these detainees
set free; the Province Security Committee releases only 3%,
5% of those whose cases are presented before it.
6. He comma ted that sufficient evidence is no problem
(contrary to what most other officials say), and even the
political: cadre c #n be detained on sufficient evidence.
The usual sources of evidence included documents, weapons,
statements of hoilchanh and other VC prisoners. He showed
us what he said was a typical file on a suspect, 5 pages long,
containing a report from district, the P8B's interrogation
report, and the detainee's statement. It is doubtful, however,
that the files on~other suspects, are as thorough.
70 The Province Security Committee receives on the
average, 100 to 180 cases per month, These figures could
not be verified. He indicated that in Kien Hoa, there is
no delay in processing prior to the PSC hearing. The PSC
hears detainee cases immediately - no delay longer then one
month.
he is not a voting member. In effect, the Province Chief
has the final say at PSC hearings. He confirmed the prior
in formation that more than 90% of the detainees appearing
before the PSC are adjuged guilty.
9. Concerning the proceedings before the PSC, Judge
Hue informed us that if a suspect has a dossier from the
district. This dossier, along with any provincial police
interrogation files will bee seen by the PSC. In Kien Hoa,
he said that cases are delayed two months at the most before
a PSC hearing.
8. Judge Tham Van Hue, presiding Judge and Public
Prosecutor of Kien Hoa Judicial Court, was very cooperative and
direct. He is the legal advisor to the Kien Hoa PSD, although'
10. Judge Hue cited the following major problems
in the judicial penal system:
a) Shortage of trained personnel and equipment,
the lack of which contributes primarily to delay. in processing.
b) Transportation. Judge Hue expressing an eager
willingness to go travel to Kien Hoa'? districts to hold court,
 investigate cases, take witnesses' depositions, etc. But
because of the lace of logistics, especially since Tot, he
has been unable to travel securely. The advantages of having
a judge, representing GVN judiciary, out in the districts
was self-evident. 1 In another province, be used to travel
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to the districts once-every_ 2 weeks. - I with PSA
14. We were informed that 3 reports are made: one after
capture of a suspect; one after interrogation of the suspect;
and one after release of the suspect. A district police
Chief stressed that he reports to the province police all.
cases at district, whether the suspect is innocent or guilty.
These reports are not,on a regular basis, but only. when a VC8
ac , being made. Nevertheless, officials
appear to realize what type of reporting should be done,
whether it is being done or not.
0) The prison,, We had previously visited the province
prison and noted the abominable conditions there. Among
these include no rehabilitation facilities whatsoever, no
segregation of hardened criminals, VC, and 13-and 14-year old
prioners.. Judge Hue said that reform of the prison was badly
needed, confirming our observations that prisoners had to
fight for living space. The food was very bad, and that
conditions were generally squalid.
11. Discussions were held with district and police
officials in four of Kien Hoa's Districts.
12. In general, we were favorably impressed with the
efforts going into the settung up of DIOCC's at the districts
visited. However, the inputs of intelligence were poor
though sketchy and incomplete, shows promise for future
efforts. GVN'off icials at these levels were motivated and
offered to be capable men.
13. We endeavored to gat a clearer idea of what records
and reports are made and how they are transmitted. In dis-
cussions'with`district chiefs and police chiefs in Kien Hoa,
we found that answers to these were somewhat contradictory
and confused.'' It is doubtful that all the reports said to be
made are in f t
p
t
e w h,u.S. logistics support, will be able to
.fly to the distrusts of Dien Hoa for judicial and Investi-
gatory purposes.
U8-GVN cooperation of this sort in recommended highly
in other provinces.
{
provide Judge Hue with helicopter transportation for this
purpose. It was immediately effected, and Judge Hue having,
been
rovid d i
'
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is released or,sennt up to province. Three copies Of a
VCS's-files are kept:. one for the district chief; one for
the district police; and one for the province police.
This file usually has just the prisoner's statement. it
may contain a statement-of the circumstances of the
capture, but rarely, if oven does it contain a statement
from the capturing unit.
15. Police Investigations produce 2 reports: i,_one is
called a preliminary report, made after initial interrogation.
We were shown a typical 3-page file of a detainee. The
second report on file is compiled after more extensive
interrogations. It is assumed that this file is sent to
province with a prisoner.
16, A place chief emphasized that he always reports
immediately to higher authorities detainees just captured
in his jail because "if the jail is shelled and. the suspect is
killed, no one will know about it!" - and, assumedly, he
wouldn't get an credit for picking up a VC.
17. Anathe District official said that reports are
sent immediately to province at the time of capture. From
Don Nhon District, 3 to 5 VCS's are sent to Ben Tre, province
capital, every month on the average, but that the continuous
problem of transportation prevents rapid transfer. In this
official's memory, only one VCS has ever been subsequently
tried by a military field court in Can Tho.
18. Concerning release of detainees, it was noted that
very few detainees are mistakenly or prematurely released,
as that particular district is 90% Catholic. Identification
and control are not serious problems here.
19. We'came across the presence of a district "PHUNG
HANG Committee," formerly a District Security Committee.
Its function is to screen and classify detain
i
ees, s
milar
ILLEGIB in operation to the P3C. However, the district
chief, who, In effe , VU11M-rU4 committee and is the final
authority, does not have the power to detain a suspect at
district. He must send a VCS to Province. Additionally,
he does not recommend a sentence, and even his Classification
of the suspect can be overruled by higher level authorities.
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Efforts should be made to monitor the activities of the PSC's,
before whom md~st captured VC should appear for a hearing.
What has the PSC's decision been? If the VCS is adjudged
guilty, how long is the sentence of detention? Where?
VCS after the detainee is in police, PIC, S-2 jurisdiction.
If the suspect is released, what was the reason given? By
what GVN agency? If the VCS is detained, for how long?
be made providing information as to what happens to the captured
these reports were intended to go no further. Comments under