To gain a neutral perspective, the First Republic invited United Nations to send an investigative mission to South Vietnam, despite official protests from North Vietnam. Even though South Vietnam was working toward membership in United Nations, the Secretary General granted the request.
Fact Finding Mission
Marguerite Higgins and an independent United Nations investigative team, Southeast Asia Investigations Mission, and Ellen J. Hammer wrote on May 8, 1963 at 8:00PM, a large crowd, under the leadership of Thich Tri Quang, besieged Hue radio station demanding religious rights. The station director, Ngo Gam, refused their demands and barricaded himself. He called on the local fire station and government security forces for help. Major Dang went to see Provincial Head who happened to be at the residence of Ngo Dinh Can. Mr. Nguyen informed Major Dang he has direct contact with Thich Tri Quang who promised no riot would be incited and the gathering was mostly peaceful. Not quite convinced of the crowd's intention based on the reports from the radio station, Major Dang contacted his Division Commander, who was not available. He then consulted with General Le Van Nghiem, commander for First Military Corps, who suggested Major Dang to follow the Provincial Head's order because the incident was a civil not a miltary problem. General Nghiem further advised Major Dang to handle the incident as expediently and as non-lethally as possible, or he would face President Diem's wrath for not surpressing riots. Major Dang also was given the authority to mobilize armor division as well as any means neccessary. When security forces, in armored vehicles, arrived about 2 hours after first reports of riots came in, with the Provincial Head, Nguyễn Văn Đẵng, to negotiate with the venerable and the station director. Major Dang announced to the crowd blocking entrance to the radio station that he had orders from his superiors to use force, if neccessary, to protect the radio station, a military strategic broadcasting position. An agreement was reached and Mr. Nguyễn Văn Đẵng and Thich Tri Quang were allowed to enter the radio station with the purpose of dispersing the crowd. As a crowd of 10,000 got violent and pushed their way inside the radio station, security forces were unable to calm them down. Fire hoses were first used to subdue the crowd, but were greeted with hurling rocks and stones. When Major Dang and his entourage was about 50 meters away, two large explosions blasted at the radio station's perimeter while Nguyễn Văn Đẵng and Thich Tri Quang were inside, causing a massive stampede. In defense against possible Viet Cong intrusion into the radio station during the confusion under cover of darkness, Major Dang signaled his men, with 3 shots to the air, to use MK3 concussion grenades to subdue the riot and secure the area. Fifteen concussion grenades were used. At the time, the military had no other effective means for crowd control such as tear gas and riot gears. After the crowd dispersed, there were 7 dead and 1 dying, along with 15 wounded. [1][2][3][4]
The Trial
Mr. Francis Tan Nguyen opened the defense by stating the trial of Dang Sy was not valid because the victims were not political prisoners or oppositions. This argument was dismissed by the presiding judge and the prosecution proceeded.
Under oath, Major Dang's testified, in one full hour, that he received a distress call from the radio station director asking for help in dealing with a hostile group of advancing people, possibly armed. As head of Security, Major Dang called Saigon Headquarters to report a large crowd beseiging the broadcasting station. Saigon Headquarters ordered Major Dang to protect the station at all cost due to its military use for relaying information to troops and the public. Major Dang requested instructions on dealing with riots. Saigon Headquarters allowed use of military force. With given authority, Major Dang arrived with armored vehicles and troops from the First Division, internal security police and other special forces. As precaution against violence from rioters, Major Dang had his troops equiped with MK3, non-lethal grenades used in local militia exercises. Upon arrival, the police and military police were unable to disperse the crowd. Major Dang announced to a very large crowd of agitated people to disperse; he had the authorization to use force, if neccessary, to control riot. This perhaps, was the cause for the subsequent series of media attacks against Major Dang[1]. Major Dang then asked the crowd to give way for the security forces to enter the station. With troops cordoned off the immediate area, Major Dang and a small security contingence entered the station. Upon entering the radio station, Major Dang's entourage passed an overpass. Several children were climbing on top of the wall to have a better look at the commotion inside the radio station. One of the accompanying lieutenants warned Major Dang about the military disadvantage of having unknown parties positioning on higher grounds. As a precaution, Major Dang told the lieutenant to have someone removed the young curious people from the wall. Before any order was enacted, a series of blasts knocked the overpass on top of the wall, mortally wounded these young people. The eight victims were: Nguyễn Thị Ngọc Lan, age 12 (female). Huỳnh Tôn Nữ Tuyết Hoa, age 12 (female). Nguyễn Thị Phúc age 15 (female). Lê Thị Kim Khanh, age 17 (female). Trần Thị Phước Tự, age 17 (female). Nguyễn Thị Yến, age 20 (female). Nguyễn Văn Đại, age 13 (male) and Đặng Văn Công, age 13 (male)[1][4]. Using the confusion, the crowd broke into a stampede, threatened to overrun the radio station.
Major Dang defended the radio station in two phases. First he ordered his troops to use water cannons from the local firemen to disperse the crowd. Most of the people withdrew but an advancing crowd hurled back stones and rocks, as well as insults and threats. Major Dang then signaled his men to use MK3 concussion grenades to subdue the people who tried to enter the radio station. The concussion effects were more successful then the water cannons. Major Dang met his objectives: the crowd finally dispersed; the area was secured, and the station Director, Provincial Head Nguyễn Văn Đẵng and Venerable Thich Tri Quang were able to come out of the station [2][4][5].
Other witnesses countered that they heard the shots from Major Dang prior to the explosions that caused the deaths. However, these testimonies were not proven because the witnesses contradicted themselves upon further questioning by the prosecution[4].
The U.S. Military Assistance and Advisory Group issued a disposition that Major Dang was absolutely innocent in the May 8th incident and the explosions were caused by Viet Cong infiltrator. The disposition called Major Dang's methods were humane and in accordance with his American training. The American Field Training Manual was then presented by the defense. General Charles E. Timmes also motioned two American weapon experts to testify the effectiveness of MK3 concussion grenades. Inspite of his fluency in French and basic English, the prosecutor denied this motion on grounds that American Engish was too foreign to the Military Tribunal and prosecution. The Military court, instead, called upon a Lieutenant Colonel in charge of South Vietnamese armory to testify that the concussion grenades were lethal when applied. The prosecution then concluded that Major Dang acted on his own, without superior orders[3].
The events occurred inside the radio station, as Major Dang and his contingence entered, though not covered at the trial, varied. Some claimed that Major Dang flat out told an apologetic Thich Tri Quang that the civil disobedience and consequences would be his responsibility. Others claimed that Major Dang directly conversed with Venerable Thich Tinh Khiet, the Head of the Buddhist Hierarchy in Hue, who quickly apologized to the government personnel present for the event, accepted the responsibility and would explain to the public afterward[7].
After the May 8th, 1963 incident, some sources indicated that Major Dang was placed under arrest, relieved of his military ranks...etc... In contrast, he was placed under administrative leave for 3 days until Ngo Dinh Can convinced President Diem the deaths were not caused by government personnel and South Vietnam should started its own investigation instead of relying on international press and reports from the United States, which primarily came from Saigon associated press bureaus and the enigmatic Dr. Errich Wulff[3]. President Diem agreed and ordered compensation for the victims families[1][4] as well as took a stand that ultimately led to series of steps that fell out of favor with international media[2][4]. While U.S. Ambassador Nolting accepted the explanation, his replacement, Ambassador Lodge did not[4]. At the time, the Kennedy Administration grew increasingly concerned with the extraordinary pressures Ambassador Lodge placed on the First Republic to reconcile with Buddhist forces[1][2]. Senator Robert F. Kennedy (D-NY), having exposure to South Vietnam's leaders and their ladies, like Madame Nhu[4], was concerned that efforts made by Ambassador Lodge might break South Vietnam, rather than reconciled it[2][4]. After the November 2, 1963 coup, Saigon Headquarters issued a recall order for Major Dang, asking his release from the First Division, for new assignment. The Military Junta immediately imprisoned Major Dang upon his arrival at Saigon. The Revolution Council then announced his indictment on May of the following year.
When the court asked him to enter his plea for the charges of attempted and premeditated murders, Major Dang pleaded not guilty. He stated he was executing orders from his superiors and he did not order his troops to fire on demonstrators. He said his only mistakes, if the court demanded, were he was a Catholic and he obeyed direct orders[6].
References:
Viet DC Online