From the Australian via AFP-
Aung San Suu Kyi verdict delayed
From correspondents in Rangoon, Burma July 31, 2009
Article from: Agence France-Presse
A COURT in military-ruled Burma has postponed the verdict in the case of democracy leader Aung San Suu Kyi until August 11, her lawyers and diplomats say.
"The verdict date is now August 11. The reason the judges gave is that they have to review the case again,'' said a foreign diplomat who attended today's brief hearing at Rangoon's notorious Insein prison.
Suu Kyi's lawyer Nyan Win confirmed the postponement.
"The court said they have to consider legal problems, that's why they said they will give the verdict on August 11,'' Nyan Win, who is also the spokesman for her National League for Democracy, said.
"We are not surprised. Daw Aung San Suu Kyi was also not surprised,'' he said.
Friday, July 31, 2009
Police mass in Rangoon
From AP-
Myanmar police ring court ahead of Suu Kyi verdict
(AP)
YANGON, Myanmar — Riot police sealed off the court trying Nobel Peace Prize laureate Aung San Suu Kyi in military-run Myanmar ahead of Friday's verdict that could send the frail icon of democracy to prison for up to five years.
The 64-year-old opposition leader is charged with violating the terms of her house arrest by harboring an American man who swam to her house uninvited.
Security was heightened for the high-profile verdict, with teams of riot police stationed nearby and all roads leading to the prison blocked by barbed-wire barricades.
Suu Kyi's lawyers remained cautiously hopeful as they headed into the tightly guarded court at Insein Prison.
"The charges against our client are not strong and we are confident that we will win if things go according to the law," said lawyer Nyan Win, who said a day earlier that Suu Kyi was "preparing for the worst" and stocking up on medicine and reading material in case she is sent to prison.
Suu Kyi is charged with violating the terms of her lengthy house arrest when an American intruder swam across a lake and spent two nights at her home in May. Her trial has drawn international condemnation since it opened May 18 and many critics see it as a pretext to keeping her behind bars through the country's planned elections next year.
She is widely expected to be convicted, although there has been speculation she may stay under house arrest rather than serve time in jail. Suu Kyi has been in detention for 14 of the last 20 years, since leading a pro-democracy uprising in 1988 that was crushed by Myanmar's military junta.
A verdict will also be given Friday for the uninvited American visitor, John Yettaw, 53, and two women who lived with Suu Kyi — Khin Khin Win and her daughter Win Ma Ma — and face charges similar to hers. Yettaw is charged as an abettor in violating her house arrest and faces up to five years in prison.
If convicted, the charismatic mother of two will return to an isolated life, her days filled with meditation, reading books and getting the occasional censored letters. Knowing she could be put behind bars, Suu Kyi provided her lawyers with a list of requested items, which they were able to bring her, Nyan Win said.
"She is collecting some medicine and many books in English, French and Burmese," he said.
Suu Kyi's lawyers have not contested the basic facts of the case but argued that the law used by authorities against her is invalid because it applies to a constitution abolished two decades ago. They also say that government security guards stationed outside Suu Kyi's compound should be held responsible for any intrusion.
U.N. Secretary-General Ban Ki-moon told reporters in New York on Wednesday that he hopes the government will respond to his repeated appeals to free Suu Kyi.
But neither outside pressure nor the possibility of better economic and political ties with the West has deterred the ruling junta, which appears determined to find Suu Kyi out of the public eye.
Suu Kyi's party won national elections in 1990, but Myanmar's generals refused to relinquish power. Next year's promised elections will be the first in two decades.
Myanmar police ring court ahead of Suu Kyi verdict
(AP)
YANGON, Myanmar — Riot police sealed off the court trying Nobel Peace Prize laureate Aung San Suu Kyi in military-run Myanmar ahead of Friday's verdict that could send the frail icon of democracy to prison for up to five years.
The 64-year-old opposition leader is charged with violating the terms of her house arrest by harboring an American man who swam to her house uninvited.
Security was heightened for the high-profile verdict, with teams of riot police stationed nearby and all roads leading to the prison blocked by barbed-wire barricades.
Suu Kyi's lawyers remained cautiously hopeful as they headed into the tightly guarded court at Insein Prison.
"The charges against our client are not strong and we are confident that we will win if things go according to the law," said lawyer Nyan Win, who said a day earlier that Suu Kyi was "preparing for the worst" and stocking up on medicine and reading material in case she is sent to prison.
Suu Kyi is charged with violating the terms of her lengthy house arrest when an American intruder swam across a lake and spent two nights at her home in May. Her trial has drawn international condemnation since it opened May 18 and many critics see it as a pretext to keeping her behind bars through the country's planned elections next year.
She is widely expected to be convicted, although there has been speculation she may stay under house arrest rather than serve time in jail. Suu Kyi has been in detention for 14 of the last 20 years, since leading a pro-democracy uprising in 1988 that was crushed by Myanmar's military junta.
A verdict will also be given Friday for the uninvited American visitor, John Yettaw, 53, and two women who lived with Suu Kyi — Khin Khin Win and her daughter Win Ma Ma — and face charges similar to hers. Yettaw is charged as an abettor in violating her house arrest and faces up to five years in prison.
If convicted, the charismatic mother of two will return to an isolated life, her days filled with meditation, reading books and getting the occasional censored letters. Knowing she could be put behind bars, Suu Kyi provided her lawyers with a list of requested items, which they were able to bring her, Nyan Win said.
"She is collecting some medicine and many books in English, French and Burmese," he said.
Suu Kyi's lawyers have not contested the basic facts of the case but argued that the law used by authorities against her is invalid because it applies to a constitution abolished two decades ago. They also say that government security guards stationed outside Suu Kyi's compound should be held responsible for any intrusion.
U.N. Secretary-General Ban Ki-moon told reporters in New York on Wednesday that he hopes the government will respond to his repeated appeals to free Suu Kyi.
But neither outside pressure nor the possibility of better economic and political ties with the West has deterred the ruling junta, which appears determined to find Suu Kyi out of the public eye.
Suu Kyi's party won national elections in 1990, but Myanmar's generals refused to relinquish power. Next year's promised elections will be the first in two decades.
Thursday, July 30, 2009
Tight Security around Insein
From The Irrawaddy (edited)-
Security Increased for Suu Kyi Verdict
By SAW YAN NAING
Wednesday, July 29, 2009
Security was strengthened around Insein Prison in Rangoon on Wednesday morning, and shopkeepers nearby have been ordered to close on Friday, the day the verdict is scheduled in the trial of detained Burmese opposition leader Aung San Suu Kyi.
Two police battalions have joined security forces stationed around the prison in preparation for a possible crackdown on protests, according to the sources in Rangoon, who said the authorities were worried about possible protests.
Riot police officers stand guard at a check point on the approach road leading to the main entrance of Insein Prison. Dozens of Suu Kyi’s supporters have regularly gathered outside Insein Prison on each day of the trial.
Prominent opposition leader Win Tin, an executive of the opposition National League for Democracy, has joined the gatherings.
On Tuesday, Win Tin said he went outside Insein Prison and stayed for about 40 minutes to show his support for his colleague, Suu Kyi.
The final arguments for Suu Kyi’s trial ended on Tuesday, and the verdict is to be announced on Friday.
Diplomats said they heard Suu Kyi comment, “I'm afraid the verdict will be painfully obvious,” in court, according to an Associated Press report.
After Tuesday’s final session, Suu Kyi told her lawyer, Nyan Win, that the proceedings would show “whether or not the rule of law exists in the country.”
Security Increased for Suu Kyi Verdict
By SAW YAN NAING
Wednesday, July 29, 2009
Security was strengthened around Insein Prison in Rangoon on Wednesday morning, and shopkeepers nearby have been ordered to close on Friday, the day the verdict is scheduled in the trial of detained Burmese opposition leader Aung San Suu Kyi.
Two police battalions have joined security forces stationed around the prison in preparation for a possible crackdown on protests, according to the sources in Rangoon, who said the authorities were worried about possible protests.
Riot police officers stand guard at a check point on the approach road leading to the main entrance of Insein Prison. Dozens of Suu Kyi’s supporters have regularly gathered outside Insein Prison on each day of the trial.
Prominent opposition leader Win Tin, an executive of the opposition National League for Democracy, has joined the gatherings.
On Tuesday, Win Tin said he went outside Insein Prison and stayed for about 40 minutes to show his support for his colleague, Suu Kyi.
The final arguments for Suu Kyi’s trial ended on Tuesday, and the verdict is to be announced on Friday.
Diplomats said they heard Suu Kyi comment, “I'm afraid the verdict will be painfully obvious,” in court, according to an Associated Press report.
After Tuesday’s final session, Suu Kyi told her lawyer, Nyan Win, that the proceedings would show “whether or not the rule of law exists in the country.”
Tuesday, July 28, 2009
Verdict expected Friday
From the Guardian-
Aung San Suu Kyi verdict due on Friday
Trial of Burma's pro-democracy leader, facing up to five years in jail, comes to end
The trial of Burma's pro-democracy leader Aung San Suu Kyi ended today with the judge announcing he will deliver his verdict by the end of the week.
The Nobel peace prize laureate is charged with breaking the terms of her house arrest by allowing an American man to spend two nights at her home in May. She faces up to five years in prison if found guilty.
Last-ditch attempts to call Nyunt Maung Shein, Burma's former ambassador to the UN, to testify in court were rejected.
Government officials and diplomats said the judge, Thaung Nyunt, had ended the trial and announced there would be a ruling on Friday. There has been little word yet on today's proceedings. The media have been banned from the most of the trial, although diplomats from Japan, Singapore, Thailand and the US were allowed to attend today.
An official told Reuters that Aung San Suu Kyi's trial had been completed, but cases against three other defendants were continuing.
"We have done our best and she is prepared for the worst," her lawyer, Nyan Win, told reporters. "We don't want to speculate, but we will keep exploring all legal avenues."
The end of the trial came as Amnesty International awarded Aung San Suu Kyi its highest accolade, the title of ambassador of conscience, for leading the democracy struggle in Burma.
"Aung San Suu Kyi has remained a symbol of hope, courage and the undying defence of human rights, not only to the people of Myanmar but to people around the world," Amnesty's secretary general, Irene Khan, said.
The rock band U2 was due to announce the award at a concert in Dublin last night.
John Yettaw, a Vietnam veteran who was described by his wife as eccentric, said he swam across a lake to her home because he wanted to warn her that she was about to be assassinated by "terrorists".
Aung San Suu Kyi, who has been detained for 14 of the past 20 years, pleaded with Yettaw to leave and relented only after he claimed to be too ill to swim back.
Reports said Yettaw's lawyer was due to defend his client against charges of trespassing, which carries a sentence of up to three months in prison.
Khin Maung Oo said at the weekend that he would attempt to win Yettaw, 53, a lenient sentence. "I will try my best to defend my client. I will argue that he did not violate the restriction order and I will try my utmost to get him lesser punishment," he said.
Critics have denounced the trial as an excuse by Burma's ruling military junta to keep Aung San Suu Kyi incarcerated during national elections due next year.
Her party, the National League for Democracy, won a landslide victory in elections in 1990, but the ruling generals refused to recognise the result.
The junta has so far resisted international calls for her immediate release. Last week, the state-controlled media accused the US secretary of state, Hillary Clinton, of "interference" after she said a satisfactory conclusion to the trial could lead to better economic ties with Washington.
The defence does not deny that Yettaw visited Aung San Suu Kyi's compound, but argues that she cannot be charged under laws abolished in 1988. It blames her bodyguards for failing to apprehend Yettaw, who remained undetected for several hours
Aung San Suu Kyi verdict due on Friday
Trial of Burma's pro-democracy leader, facing up to five years in jail, comes to end
The trial of Burma's pro-democracy leader Aung San Suu Kyi ended today with the judge announcing he will deliver his verdict by the end of the week.
The Nobel peace prize laureate is charged with breaking the terms of her house arrest by allowing an American man to spend two nights at her home in May. She faces up to five years in prison if found guilty.
Last-ditch attempts to call Nyunt Maung Shein, Burma's former ambassador to the UN, to testify in court were rejected.
Government officials and diplomats said the judge, Thaung Nyunt, had ended the trial and announced there would be a ruling on Friday. There has been little word yet on today's proceedings. The media have been banned from the most of the trial, although diplomats from Japan, Singapore, Thailand and the US were allowed to attend today.
An official told Reuters that Aung San Suu Kyi's trial had been completed, but cases against three other defendants were continuing.
"We have done our best and she is prepared for the worst," her lawyer, Nyan Win, told reporters. "We don't want to speculate, but we will keep exploring all legal avenues."
The end of the trial came as Amnesty International awarded Aung San Suu Kyi its highest accolade, the title of ambassador of conscience, for leading the democracy struggle in Burma.
"Aung San Suu Kyi has remained a symbol of hope, courage and the undying defence of human rights, not only to the people of Myanmar but to people around the world," Amnesty's secretary general, Irene Khan, said.
The rock band U2 was due to announce the award at a concert in Dublin last night.
John Yettaw, a Vietnam veteran who was described by his wife as eccentric, said he swam across a lake to her home because he wanted to warn her that she was about to be assassinated by "terrorists".
Aung San Suu Kyi, who has been detained for 14 of the past 20 years, pleaded with Yettaw to leave and relented only after he claimed to be too ill to swim back.
Reports said Yettaw's lawyer was due to defend his client against charges of trespassing, which carries a sentence of up to three months in prison.
Khin Maung Oo said at the weekend that he would attempt to win Yettaw, 53, a lenient sentence. "I will try my best to defend my client. I will argue that he did not violate the restriction order and I will try my utmost to get him lesser punishment," he said.
Critics have denounced the trial as an excuse by Burma's ruling military junta to keep Aung San Suu Kyi incarcerated during national elections due next year.
Her party, the National League for Democracy, won a landslide victory in elections in 1990, but the ruling generals refused to recognise the result.
The junta has so far resisted international calls for her immediate release. Last week, the state-controlled media accused the US secretary of state, Hillary Clinton, of "interference" after she said a satisfactory conclusion to the trial could lead to better economic ties with Washington.
The defence does not deny that Yettaw visited Aung San Suu Kyi's compound, but argues that she cannot be charged under laws abolished in 1988. It blames her bodyguards for failing to apprehend Yettaw, who remained undetected for several hours
Detailed account of trial available
The National Coalition Government of the Union of Burma is running a "blow-by-blow" on-going timetable since the trial began. A lot of the information comes from those inside and around the trial and/or the courtroom and some of it has had to be secreted out. It's available at www.ncgub.net
It is at the top of the home page under "Daw Aung San Suu Kyi's trial update". Not sure if they are continuing with it as it stops at June 16.
It is at the top of the home page under "Daw Aung San Suu Kyi's trial update". Not sure if they are continuing with it as it stops at June 16.
Fearing the worst
From The Guardian (edited) -
Aung San Suu Kyi 'preparing for worst' as trial nears end
The trial of Burma's pro-democracy leader Aung San Suu Kyi entered its final phase today, with both sides expected to present closing arguments before a verdict is delivered in two to three weeks.
Although the prosecution was expected to wind up its case against the Nobel prize winner today, her lawyer said a verdict was not imminent. "I expect all the arguments will be made today but I think the verdict might take as long as two or three weeks," Nyan Win told Reuters.
Nyan Win said his client was "preparing for the worst" at the end of a trial that the junta's critics have denounced as an excuse to keep Suu Kyi incarcerated during national elections next year.
Statements were expected from Aung San Suu Kyi's longtime companions, Khin Khin Win and her daughter Win Ma Ma. The women, members of the National League for Democracy (NLD), also face up to five years in prison.
The NLD won a landslide victory in elections in 1990, but the ruling generals refused to recognise the result.
The junta has so far resisted international calls for Aung San Suu Kyi's immediate release. Last week, the state-controlled media accused the US secretary of state, Hillary Clinton, of "interference" after she said a satisfactory conclusion to the trial could lead to better economic ties with Washington.
In demanding her release, western critics of the regime were showing "reckless disregard for the law", the New Light of Myanmar newspaper said. "The court will hand down a reasonable term to her if she is found guilty, and it will release her if she is found not guilty," it added.
Most of the trial has been conducted behind closed doors since it began on 18 May.
Diplomats have been allowed to witness four hearings, with observers from the US, Singapore, Australia, Japan, the Philippines and Malaysia reportedly granted access to this morning's proceedings.
A diplomatic source said Aung San Suu Kyi, who is being held at Insein prison in the capital, Rangoon, had appeared "fit, healthy and in sparkling form" when she appeared in court last Friday.
Aung San Suu Kyi 'preparing for worst' as trial nears end
The trial of Burma's pro-democracy leader Aung San Suu Kyi entered its final phase today, with both sides expected to present closing arguments before a verdict is delivered in two to three weeks.
Although the prosecution was expected to wind up its case against the Nobel prize winner today, her lawyer said a verdict was not imminent. "I expect all the arguments will be made today but I think the verdict might take as long as two or three weeks," Nyan Win told Reuters.
Nyan Win said his client was "preparing for the worst" at the end of a trial that the junta's critics have denounced as an excuse to keep Suu Kyi incarcerated during national elections next year.
Statements were expected from Aung San Suu Kyi's longtime companions, Khin Khin Win and her daughter Win Ma Ma. The women, members of the National League for Democracy (NLD), also face up to five years in prison.
The NLD won a landslide victory in elections in 1990, but the ruling generals refused to recognise the result.
The junta has so far resisted international calls for Aung San Suu Kyi's immediate release. Last week, the state-controlled media accused the US secretary of state, Hillary Clinton, of "interference" after she said a satisfactory conclusion to the trial could lead to better economic ties with Washington.
In demanding her release, western critics of the regime were showing "reckless disregard for the law", the New Light of Myanmar newspaper said. "The court will hand down a reasonable term to her if she is found guilty, and it will release her if she is found not guilty," it added.
Most of the trial has been conducted behind closed doors since it began on 18 May.
Diplomats have been allowed to witness four hearings, with observers from the US, Singapore, Australia, Japan, the Philippines and Malaysia reportedly granted access to this morning's proceedings.
A diplomatic source said Aung San Suu Kyi, who is being held at Insein prison in the capital, Rangoon, had appeared "fit, healthy and in sparkling form" when she appeared in court last Friday.
Monday, July 27, 2009
Suu Kyi wants trial decision asap
From Irrawaddy (edited)-
Suu Kyi Unsatisfied with Trial Delay: Lawyer
By SAW YAN NAING
Saturday, July 25, 2009 ,
Burmese opposition leader Aung San Suu Kyi is unhappy with the repeated delays in the current trial against her, according one of her lawyers.
Nyan Win, a member of Suu Kyi’s legal team, told The Irrawaddy on Friday that she complained about the court’s decision to adjourn her trial until Monday because it gave the prosecution extra time to prepare its final arguments. Suu Kyi’s defense team made its closing arguments on Friday.
“I’m not satisfied with the delay,” Suu Kyi told her lawyer.
Kyi Win, Suu Kyi’s chief defense counsel, told the court on Friday that his client maintains that she is not guilty of the charges against her. He argued that under the 1974 law that she is accused of violating, it is not a crime to speak to a stranger or offer him food.
Suu Kyi Unsatisfied with Trial Delay: Lawyer
By SAW YAN NAING
Saturday, July 25, 2009 ,
Burmese opposition leader Aung San Suu Kyi is unhappy with the repeated delays in the current trial against her, according one of her lawyers.
Nyan Win, a member of Suu Kyi’s legal team, told The Irrawaddy on Friday that she complained about the court’s decision to adjourn her trial until Monday because it gave the prosecution extra time to prepare its final arguments. Suu Kyi’s defense team made its closing arguments on Friday.
“I’m not satisfied with the delay,” Suu Kyi told her lawyer.
Kyi Win, Suu Kyi’s chief defense counsel, told the court on Friday that his client maintains that she is not guilty of the charges against her. He argued that under the 1974 law that she is accused of violating, it is not a crime to speak to a stranger or offer him food.
Friday, July 24, 2009
Diplomats gain entry to courtroom
From Mizzima-
July 24, 2009 Mizzima: Diplomats allowed to attend Suu Kyi’s closing arguments
13:17 New Delhi
Burma's military government on Friday allowed foreign diplomats from Britain, Germany, France and Italy to attend the closing arguments in the trial against opposition leader Aung San Suu Kyi.
The trial against the Burmese pro-democracy leader, at a special court inside Rangoon’s Insein prison, has for the most part been a closed-door affair, with authorities only twice previously allowing selected diplomats and journalists to witness proceedings.“This time they have not invited or even informed us, but they [the government] have granted permission to diplomats who have sought to attend the final hearing,” a journalist in Rangoon told Mizzima on Friday.
An official from the Embassy of the United States has also so far been permitted to attend proceedings against American John William Yettaw, who is standing trial at the court for secretly swimming across a lake and entering, uninvited, into Aung San Suu Kyi’s home.
A source in Rangoon told Mizzima, “As far as I have confirmed, diplomats from Britain, Germany, France and Italy have been allowed to attend the court session.”On Friday, the court will hear closing arguments from both prosecution and defense lawyers. The defense team told Mizzima on Thursday that they have prepared a 23-page argument to be submitted to the court.
Observers, however, believe the court will fix yet another date to hand down a verdict.
July 24, 2009 Mizzima: Diplomats allowed to attend Suu Kyi’s closing arguments
13:17 New Delhi
Burma's military government on Friday allowed foreign diplomats from Britain, Germany, France and Italy to attend the closing arguments in the trial against opposition leader Aung San Suu Kyi.
The trial against the Burmese pro-democracy leader, at a special court inside Rangoon’s Insein prison, has for the most part been a closed-door affair, with authorities only twice previously allowing selected diplomats and journalists to witness proceedings.“This time they have not invited or even informed us, but they [the government] have granted permission to diplomats who have sought to attend the final hearing,” a journalist in Rangoon told Mizzima on Friday.
An official from the Embassy of the United States has also so far been permitted to attend proceedings against American John William Yettaw, who is standing trial at the court for secretly swimming across a lake and entering, uninvited, into Aung San Suu Kyi’s home.
A source in Rangoon told Mizzima, “As far as I have confirmed, diplomats from Britain, Germany, France and Italy have been allowed to attend the court session.”On Friday, the court will hear closing arguments from both prosecution and defense lawyers. The defense team told Mizzima on Thursday that they have prepared a 23-page argument to be submitted to the court.
Observers, however, believe the court will fix yet another date to hand down a verdict.
Trial resumes today
From Reuters (edited)-
Final arguments due in trial of Myanmar's Suu Kyi
Fri Jul 24, 2009 2:23am EDT
By Aung Hla Tun
YANGON (Reuters) - The trial on security-related charges of Myanmar opposition leader Aung San Suu Kyi was due to resume on Friday, with no indications from the country's military regime that it would heed international calls to free her.
At an Asia-Pacific security forum on Thursday, U.S. Secretary of State Hillary Clinton offered Myanmar the prospect of better relations with the United States, but said that depended in part on the fate of Suu Kyi.
Asked if Clinton's comments would have any impact on the regime's attitude toward the case and the political situation in general, one of her lawyers, Nyan Win, told reporters on Friday: "I don't think so. As for her, she is preparing for the worst."
Her legal team was allowed to see her on Thursday to prepare final arguments after being denied access on Wednesday.
Recent hearings in the trial have been held behind closed doors in Yangon's Insein Prison, but a European embassy source said diplomats had been told by the authorities to report to the prison on Friday, and they assumed they would be allowed in.
The hearing is scheduled to start at 2 p.m. (0730 GMT). Lawyers are not expecting a verdict on Friday.
Nobel laureate Suu Kyi, 64, faces five years in prison if found guilty of breaking a draconian security law that protects the state from "subversive elements."
There has been no official response to Clinton's comments this week but state media, seen as a mouthpiece for the junta, have shown no sign of compromise on the subject of Suu Kyi.
Rights groups say there are more than 2,000 political prisoners in Myanmar but a commentary carried by three state-controlled newspapers on Thursday described them as common criminals, guilty of undermining stability.
"Daw Suu Kyi, like them, is not a political prisoner, but the person who is on trial for breaching an existing law," it said.
Final arguments due in trial of Myanmar's Suu Kyi
Fri Jul 24, 2009 2:23am EDT
By Aung Hla Tun
YANGON (Reuters) - The trial on security-related charges of Myanmar opposition leader Aung San Suu Kyi was due to resume on Friday, with no indications from the country's military regime that it would heed international calls to free her.
At an Asia-Pacific security forum on Thursday, U.S. Secretary of State Hillary Clinton offered Myanmar the prospect of better relations with the United States, but said that depended in part on the fate of Suu Kyi.
Asked if Clinton's comments would have any impact on the regime's attitude toward the case and the political situation in general, one of her lawyers, Nyan Win, told reporters on Friday: "I don't think so. As for her, she is preparing for the worst."
Her legal team was allowed to see her on Thursday to prepare final arguments after being denied access on Wednesday.
Recent hearings in the trial have been held behind closed doors in Yangon's Insein Prison, but a European embassy source said diplomats had been told by the authorities to report to the prison on Friday, and they assumed they would be allowed in.
The hearing is scheduled to start at 2 p.m. (0730 GMT). Lawyers are not expecting a verdict on Friday.
Nobel laureate Suu Kyi, 64, faces five years in prison if found guilty of breaking a draconian security law that protects the state from "subversive elements."
There has been no official response to Clinton's comments this week but state media, seen as a mouthpiece for the junta, have shown no sign of compromise on the subject of Suu Kyi.
Rights groups say there are more than 2,000 political prisoners in Myanmar but a commentary carried by three state-controlled newspapers on Thursday described them as common criminals, guilty of undermining stability.
"Daw Suu Kyi, like them, is not a political prisoner, but the person who is on trial for breaching an existing law," it said.
Saturday, July 11, 2009
Delay announcement disputed
This apparently contradicts the news posted below that the trial has been delayed again. My analysis on the previous post still holds though. This just means the methodology may be different.
From Mizzima-
Misinformation circulated on Suu Kyi’s trial
by Mizzima News
Friday, 10 July 2009 21:26
New Delhi (mizzima) - In a bid to disperse the crowd assembled outside the Insein prison in Rangoon, authorities spread false information that the court hearing of a defence witness in the trial of opposition leader Aung San Suu Kyi was adjourned and that the court has fixed the next hearing on July 17. Nyan Win, member of Aung San Suu Kyi’s legal team, told Mizzima that the information was false.
It was spread in order to keep at bay members of the National League for Democracy and its supporters, who crowded outside the Insein prison. “I think the news was spread by those who are against us, in order to send away the waiting crowd outside the prison,” said Nyan Win adding that the court session went on for about seven hours. Nyan Win also said the court has fixed July 24 for the hearing of the final argument from lawyers of both sides refuting the wrong date of July 17 rumored earlier in the day.
Nyan Win said on Friday that the district court in Insein prison heard the testimony of the second witness, Daw Khin Moe Moe, who is also a lawyer by profession and member of the National League for Democracy. “The court adjourned at 5 p.m. (local time). Daw Khin Moe Moe testified. She was also cross examined by the prosecution lawyer,” Nyan Win said. Meanwhile, at least 80 NLD members including veteran journalist Win Tin and supporters crowded outside Insein prison waiting for the trial. Mingling with the crowd, were riot police personnel and soldiers.
But after being told that the court session had been adjourned, that witness, Khin Moe Moe, did not testify and the next hearing had been fixed for July 17, supporters dispersed in the afternoon. Phyu Phyu Thinn, an NLD youth member, who was among the crowd, said, “We were informed by a man that the court had adjourned and the next hearing is fixed for July 17. After that we all dispersed. I don’t know the man’s name.” “All of us believed that the information was correct and left the prison precincts.
But in the evening we learnt that the information was wrong, and was intended to make us leave,” she added. Nyan Win said, “As we came out, several people asked whether the court had adjourned till July 17. It was false information spread by people who are against us.” In the court on Friday, Khin Moe Moe argued that the 1974 Constitution of Burma is no longer effective and that the charges against the Burmese Nobel Peace Laureate cannot be filed under the statutes of the 1974 Constitution.
But the prosecution argued that despite the changes in the regime, the 1974 Constitution is still valid.“They tried to prove their stand with various government orders and documents, so it took a long time to conclude,” Nyan Win said. Nyan Win said the defence team on Wednesday met Aung San Suu Kyi with a prepared 18-page final argument to be submitted to the court on July 24. Following the submission of the final argument, the court is likely to set another day to pronounce the final verdict.
Under the charges of violating the detention terms, if found guilty, the Burmese pro-democracy leader Aung San Suu Kyi could face up to five years in prison. Meanwhile, John William Yettaw, the American man who is also facing trial for taking refuge in Aung San Suu Kyi’s house, has been taken to hospital, reports said.
From Mizzima-
Misinformation circulated on Suu Kyi’s trial
by Mizzima News
Friday, 10 July 2009 21:26
New Delhi (mizzima) - In a bid to disperse the crowd assembled outside the Insein prison in Rangoon, authorities spread false information that the court hearing of a defence witness in the trial of opposition leader Aung San Suu Kyi was adjourned and that the court has fixed the next hearing on July 17. Nyan Win, member of Aung San Suu Kyi’s legal team, told Mizzima that the information was false.
It was spread in order to keep at bay members of the National League for Democracy and its supporters, who crowded outside the Insein prison. “I think the news was spread by those who are against us, in order to send away the waiting crowd outside the prison,” said Nyan Win adding that the court session went on for about seven hours. Nyan Win also said the court has fixed July 24 for the hearing of the final argument from lawyers of both sides refuting the wrong date of July 17 rumored earlier in the day.
Nyan Win said on Friday that the district court in Insein prison heard the testimony of the second witness, Daw Khin Moe Moe, who is also a lawyer by profession and member of the National League for Democracy. “The court adjourned at 5 p.m. (local time). Daw Khin Moe Moe testified. She was also cross examined by the prosecution lawyer,” Nyan Win said. Meanwhile, at least 80 NLD members including veteran journalist Win Tin and supporters crowded outside Insein prison waiting for the trial. Mingling with the crowd, were riot police personnel and soldiers.
But after being told that the court session had been adjourned, that witness, Khin Moe Moe, did not testify and the next hearing had been fixed for July 17, supporters dispersed in the afternoon. Phyu Phyu Thinn, an NLD youth member, who was among the crowd, said, “We were informed by a man that the court had adjourned and the next hearing is fixed for July 17. After that we all dispersed. I don’t know the man’s name.” “All of us believed that the information was correct and left the prison precincts.
But in the evening we learnt that the information was wrong, and was intended to make us leave,” she added. Nyan Win said, “As we came out, several people asked whether the court had adjourned till July 17. It was false information spread by people who are against us.” In the court on Friday, Khin Moe Moe argued that the 1974 Constitution of Burma is no longer effective and that the charges against the Burmese Nobel Peace Laureate cannot be filed under the statutes of the 1974 Constitution.
But the prosecution argued that despite the changes in the regime, the 1974 Constitution is still valid.“They tried to prove their stand with various government orders and documents, so it took a long time to conclude,” Nyan Win said. Nyan Win said the defence team on Wednesday met Aung San Suu Kyi with a prepared 18-page final argument to be submitted to the court on July 24. Following the submission of the final argument, the court is likely to set another day to pronounce the final verdict.
Under the charges of violating the detention terms, if found guilty, the Burmese pro-democracy leader Aung San Suu Kyi could face up to five years in prison. Meanwhile, John William Yettaw, the American man who is also facing trial for taking refuge in Aung San Suu Kyi’s house, has been taken to hospital, reports said.
Trial delayed again - why the delay?
This constant delay may well be evidence of some internal dispute over what to do about Aung San Suu Kyi. There are some high profile reformers that remain in the regime, up to ministerial level I have been told, who would likely to pushing for her release.
My feeling is that a decision over her fate literally hangs in the balance at the moment.
By next Friday, we will effectively be entering the third month of the trial.
the other read on this is that the regime is solid and is simply pushing the trial out until after the elections next year. Its a more prosaic and depressing analysis, and, sadly, more likely.
From ABC Australia-
Suu Kyi trial delayed again
By South East Asia correspondent Karen Percy
The trial of Burma's opposition leader, Aung San Suu Kyi, has been delayed yet again.
The court reportedly sat for a brief time inside the infamous Insein prison, where Aung San Suu Kyi has been detained since she was charged two months ago.
But a much anticipated defence witness, Khin Moh Moh, was not able to give evidence.
He is only the second witness allowed to testify on Suu Kyi's behalf.
The prosecution was permitted 14 witnesses.
Suu Kyi has been charged with breaching the terms of her house detention, when American John Yettaw paid an unexpected visit to her home in early May.
The trial has been adjourned until next Friday.
My feeling is that a decision over her fate literally hangs in the balance at the moment.
By next Friday, we will effectively be entering the third month of the trial.
the other read on this is that the regime is solid and is simply pushing the trial out until after the elections next year. Its a more prosaic and depressing analysis, and, sadly, more likely.
From ABC Australia-
Suu Kyi trial delayed again
By South East Asia correspondent Karen Percy
The trial of Burma's opposition leader, Aung San Suu Kyi, has been delayed yet again.
The court reportedly sat for a brief time inside the infamous Insein prison, where Aung San Suu Kyi has been detained since she was charged two months ago.
But a much anticipated defence witness, Khin Moh Moh, was not able to give evidence.
He is only the second witness allowed to testify on Suu Kyi's behalf.
The prosecution was permitted 14 witnesses.
Suu Kyi has been charged with breaching the terms of her house detention, when American John Yettaw paid an unexpected visit to her home in early May.
The trial has been adjourned until next Friday.
Friday, July 10, 2009
Newest phase of the trial underway - supporters gather
From AP-
Aung San Suu Kyi's trial resumes in Myanmar
YANGON, Myanmar (AP) — Riot police deployed outside Myanmar's main prison Friday as the trial of democracy leader Aung San Suu Kyi resumed, a week after the ruling generals blocked efforts by the U.N. chief to save her from a possible five-year prison term.
The 64-year-old Nobel Peace Prize laureate is charged with violating the terms of her house arrest by harboring an American man who swam secretly to her lakeside home and stayed for two days.
Khin Moe Moe, a lawyer and a member of Suu Kyi's National League for Democracy party, was scheduled to appear as a defense witness during Friday's session, which a Myanmar official said restarted Friday inside Yangon's Insein prison where Suu Kyi is being held.
The official spoke on condition of anonymity because he was not authorized to speak to the media.
The trial has drawn condemnation from the international community and Suu Kyi's local supporters, who worry the ruling junta has found an excuse to keep her detained through elections planned for next year.
Suu Kyi has been in detention for nearly 14 of the last 20 years, mostly at her Yangon residence.
U.N. Secretary-General Ban Ki-moon, on an official visit to Myanmar last Friday and Saturday, failed to gain Suu Kyi's release or even visit her in prison.
Ban said Myanmar's junta chief Senior Gen. Than Shwe told him repeatedly that "he really wanted to agree to my request" to see her but because Suu Kyi was on trial he did not want to be seen as interfering with the judicial process — or being pressured by the outside world.
"I am deeply disappointed that they have missed a very important opportunity," Ban said last weekend.
Also being tried on the same charges are two women members of Suu Kyi's party, who were her sole companions while under house arrest. The American, John Yettaw, 53, of Falcon, Missouri, is charged with trespassing.
The mostly closed-door trial started May 18. The court at first allowed only one of four defense witnesses to take the stand, while approving 23 prosecution witnesses, of whom 14 took the stand, according to Suu Kyi's lawyers.
On appeal, the Yangon Divisional Court ruled that Khin Moe Moe also could be heard but maintained the disqualification of prominent journalist and former political prisoner Win Tin and party vice chairman Tin Oo, who is under house arrest.
Security around Insein prison was tight as usual with roads leading to the prison blocked with barb-wire barricades manned by police. Truck loads of riot police were also deployed around the prison facility.
About 100 Suu Kyi supporters gathered, as they have during earlier court sessions, to give her support, sitting and standing as close as they could to the prison gates.
The defense has not contested the basic facts of the case but argues the relevant law has been misapplied by the authorities. They also assert that any intrusion was the responsibility of the security forces guarding the house.
Yettaw has pleaded not guilty and explained in court that he had a dream that Suu Kyi would be assassinated and he had gone to warn her. Family and friends have said he was working on a book and wished to interview her.
Aung San Suu Kyi's trial resumes in Myanmar
YANGON, Myanmar (AP) — Riot police deployed outside Myanmar's main prison Friday as the trial of democracy leader Aung San Suu Kyi resumed, a week after the ruling generals blocked efforts by the U.N. chief to save her from a possible five-year prison term.
The 64-year-old Nobel Peace Prize laureate is charged with violating the terms of her house arrest by harboring an American man who swam secretly to her lakeside home and stayed for two days.
Khin Moe Moe, a lawyer and a member of Suu Kyi's National League for Democracy party, was scheduled to appear as a defense witness during Friday's session, which a Myanmar official said restarted Friday inside Yangon's Insein prison where Suu Kyi is being held.
The official spoke on condition of anonymity because he was not authorized to speak to the media.
The trial has drawn condemnation from the international community and Suu Kyi's local supporters, who worry the ruling junta has found an excuse to keep her detained through elections planned for next year.
Suu Kyi has been in detention for nearly 14 of the last 20 years, mostly at her Yangon residence.
U.N. Secretary-General Ban Ki-moon, on an official visit to Myanmar last Friday and Saturday, failed to gain Suu Kyi's release or even visit her in prison.
Ban said Myanmar's junta chief Senior Gen. Than Shwe told him repeatedly that "he really wanted to agree to my request" to see her but because Suu Kyi was on trial he did not want to be seen as interfering with the judicial process — or being pressured by the outside world.
"I am deeply disappointed that they have missed a very important opportunity," Ban said last weekend.
Also being tried on the same charges are two women members of Suu Kyi's party, who were her sole companions while under house arrest. The American, John Yettaw, 53, of Falcon, Missouri, is charged with trespassing.
The mostly closed-door trial started May 18. The court at first allowed only one of four defense witnesses to take the stand, while approving 23 prosecution witnesses, of whom 14 took the stand, according to Suu Kyi's lawyers.
On appeal, the Yangon Divisional Court ruled that Khin Moe Moe also could be heard but maintained the disqualification of prominent journalist and former political prisoner Win Tin and party vice chairman Tin Oo, who is under house arrest.
Security around Insein prison was tight as usual with roads leading to the prison blocked with barb-wire barricades manned by police. Truck loads of riot police were also deployed around the prison facility.
About 100 Suu Kyi supporters gathered, as they have during earlier court sessions, to give her support, sitting and standing as close as they could to the prison gates.
The defense has not contested the basic facts of the case but argues the relevant law has been misapplied by the authorities. They also assert that any intrusion was the responsibility of the security forces guarding the house.
Yettaw has pleaded not guilty and explained in court that he had a dream that Suu Kyi would be assassinated and he had gone to warn her. Family and friends have said he was working on a book and wished to interview her.
Aung San Suu Kyi denied any contact
Note the paras at the end about the UN role, vetoes, and UK and then US chairing the UNSC later in the year. Why wasnt Burma and Aung San Suu Kyi raised on Obama's trip to Russia then? Or were they?
From the Irrawaddy-
Suu Kyi Denied Access to News
By WAI MOE
Thursday, July 9, 2009 ,
Burmese pro-democracy leader Aung San Suu Kyi is denied access to a radio during her time in Rangoon’s Insein Prison, according to her lawyer, Nyan Win.
Suu Kyi was able to keep in touch with world events by listening to the radio during her house detention, but that possibility has been denied her since she was removed to Insein Prison, where she is on trial for transgressing the terms of her house arrest.
Nyan Win said Suu Kyi was allowed to read the state-controlled press, but was denied the possibility of receiving “uncensored information via foreign broadcasting.”
Nyan Win met Suu Kyi on Wednesday, and said afterwards that she was in a good mood and healthy.
The meeting was to allow Nyan Win to prepare for Suu Kyi’s next appearance in court, scheduled for Friday. He said he didn’t know if a verdict could be expected then. She faces a sentence of up to five years imprisonment if convicted of allowing an American intruder to stay at her home.
A scheduled session of the trial last Friday was postponed because of the visit to Burma by UN Secretary-General Ban Ki-moon.
The UN chief asked for a meeting with Suu Kyi, but his request was rejected by junta leader Snr-Gen Than Shwe.
“I believe the government of Myanmar [Burma] has lost a unique opportunity to show its commitment to a new era of political openness,” Ban commented.
“Allowing a visit to Daw Aung San Suu Kyi would have been an important symbol of the government’s willingness to embark on the kind of meaningful engagement that will be essential if the elections in 2010 are to be seen as credible,” he said.
Ban is expected to brief the UN Security Council shortly on his Burma visit.
Analysts say the Burma issue is sure to be raised before the Security Council in August, when the UK has the chair, and in September, when the US takes over the position.
Burma has been able in the past to rely on the vetoes of two permanent members of the Security Council, China and Russia, to block unfavorable resolutions. But diplomatic sources say China is disappointed by the Burmese regime’s treatment of Ban
From the Irrawaddy-
Suu Kyi Denied Access to News
By WAI MOE
Thursday, July 9, 2009 ,
Burmese pro-democracy leader Aung San Suu Kyi is denied access to a radio during her time in Rangoon’s Insein Prison, according to her lawyer, Nyan Win.
Suu Kyi was able to keep in touch with world events by listening to the radio during her house detention, but that possibility has been denied her since she was removed to Insein Prison, where she is on trial for transgressing the terms of her house arrest.
Nyan Win said Suu Kyi was allowed to read the state-controlled press, but was denied the possibility of receiving “uncensored information via foreign broadcasting.”
Nyan Win met Suu Kyi on Wednesday, and said afterwards that she was in a good mood and healthy.
The meeting was to allow Nyan Win to prepare for Suu Kyi’s next appearance in court, scheduled for Friday. He said he didn’t know if a verdict could be expected then. She faces a sentence of up to five years imprisonment if convicted of allowing an American intruder to stay at her home.
A scheduled session of the trial last Friday was postponed because of the visit to Burma by UN Secretary-General Ban Ki-moon.
The UN chief asked for a meeting with Suu Kyi, but his request was rejected by junta leader Snr-Gen Than Shwe.
“I believe the government of Myanmar [Burma] has lost a unique opportunity to show its commitment to a new era of political openness,” Ban commented.
“Allowing a visit to Daw Aung San Suu Kyi would have been an important symbol of the government’s willingness to embark on the kind of meaningful engagement that will be essential if the elections in 2010 are to be seen as credible,” he said.
Ban is expected to brief the UN Security Council shortly on his Burma visit.
Analysts say the Burma issue is sure to be raised before the Security Council in August, when the UK has the chair, and in September, when the US takes over the position.
Burma has been able in the past to rely on the vetoes of two permanent members of the Security Council, China and Russia, to block unfavorable resolutions. But diplomatic sources say China is disappointed by the Burmese regime’s treatment of Ban
Little hope as trial starts again today
From AP-
I am not sure if the use of the term "Daw" in state media - see below -is a sign of softening somewhere, but the regime seems impossible to second guess.
Gloom in Yangon as Aung San Suu Kyi trial resumes
By JOHN HEILPRIN
YANGON, Myanmar (AP) — Along the shores of artificial Inya Lake, the empty compound of Aung San Suu Kyi lies within plain sight as couples stroll the path. Her home also is a curious attraction to onlookers from a hotel a minute's walk away.
But it is her absence from it that has been on people's minds lately in and around Yangon — a hub of commerce and scholarship and the epicenter of anti-government sentiment — with the trial of the pro-democracy leader set to resume Friday.
The failure of visiting U.N. Secretary-General Ban Ki-moon to gain a meeting with the opposition leader last weekend or win her release seems to have only intensified widespread feelings of gloom and frustration, though only brief interviews were possible without raising suspicions in this police state.
The trial of Suu Kyi, who turned 64 in the city's Insein Prison last month, had been postponed during the U.N. chief's visit.
There had been some hope that intervention by the international community might have avoided the continuation of the Nobel Prize laureate's trial. She faces trumped-up charges that resulted from a bizarre incident involving an American who swam to her home across the artificial lake, a popular place for leisurely walks and sailing.
"I will never see real democracy flourish in Myanmar. Not in my lifetime. We live in a hopeless situation where even the U.N. secretary-general fails to nudge the stubborn regime," said U Hla Shwe, a 72-year old retired lawyer.
The New Light of Myanmar reported on July 5 that junta leader Senior Gen. Than Shwe denied the U.N. secretary-general's request for a prison visit because "the case is being heard freely and fairly, so they have no right to arrange a meeting between the UNSG and Daw Aung San Suu Kyi." "Daw" is a term of respect.
Suu Kyi faces up to five years in jail on charges of violating the terms of her long-standing house arrest, after the uninvited American man, also imprisoned at Insein, swam to her tightly guarded lakeside home and stayed two days. He made the same swim last year.
Her defense will call a second witness Friday. Then Suu Kyi's defense plans to ask the court to give it sufficient time — about a week — to prepare for closing arguments. A separate date is expected for the court to deliver the verdict, which could still be appealed.
Her supporters and human rights groups see the trial as an excuse for the government to throw her back in jail, now that they've reached the legal limit on detaining her. She has spent nearly 14 of the last 20 years in detention, mostly under house arrest.
It has been two decades since the military refused to hand over control to a civilian government despite Suu Kyi's National League for Democracy winning an extraordinary landslide victory in May 1990. Myanmar, also known as Burma, has been under military rule since 1962.
An editor of a local news magazine, who did not want to be named for fear of retaliation, said, "I had thought that the government was eager to hold all inclusive elections at least to give some credibility to the elections. But after Daw Aung San Suu Kyi was put on trial, I realize that the government was not sincere with the intention."
Since the referendum last year, when the junta pushed through a 92 percent vote to affirm a new constitution despite the devastation and disorder of Cyclone Nargis, despair set in that anyone's vote would ever count. Ban's visit did nothing to alleviate that.
"The government is going to hold the elections to cement their power and they will see to it that they get what they want, so my vote won't make any difference," said a 44-year old school teacher named Lei Lei.
Ban said Than Shwe indicated he might finally hand over control and become a civilian himself next year after an election is held. Some people hold out a glimmer of hope that might actually happen.
"Now everybody wants to have democracy — most of the people," said a 27-year-old Burmese man who, like many under the watchful eye of the military regime, did not want to be identified for fear harm would come to his family. "Maybe it will take two to three years."
Even as hopes dim for Suu Kyi's release and for a freely elected government, some people won't give up trying.
"I am skeptical that we will ever see change in the country. I will continue fighting for our rights working as a citizen journalist," said 25-year-old Zaw Zaw, who said he reports for an exiled anti-government media group. "It is dangerous working as a CJ and I am fearful all the time when I might get caught."
I am not sure if the use of the term "Daw" in state media - see below -is a sign of softening somewhere, but the regime seems impossible to second guess.
Gloom in Yangon as Aung San Suu Kyi trial resumes
By JOHN HEILPRIN
YANGON, Myanmar (AP) — Along the shores of artificial Inya Lake, the empty compound of Aung San Suu Kyi lies within plain sight as couples stroll the path. Her home also is a curious attraction to onlookers from a hotel a minute's walk away.
But it is her absence from it that has been on people's minds lately in and around Yangon — a hub of commerce and scholarship and the epicenter of anti-government sentiment — with the trial of the pro-democracy leader set to resume Friday.
The failure of visiting U.N. Secretary-General Ban Ki-moon to gain a meeting with the opposition leader last weekend or win her release seems to have only intensified widespread feelings of gloom and frustration, though only brief interviews were possible without raising suspicions in this police state.
The trial of Suu Kyi, who turned 64 in the city's Insein Prison last month, had been postponed during the U.N. chief's visit.
There had been some hope that intervention by the international community might have avoided the continuation of the Nobel Prize laureate's trial. She faces trumped-up charges that resulted from a bizarre incident involving an American who swam to her home across the artificial lake, a popular place for leisurely walks and sailing.
"I will never see real democracy flourish in Myanmar. Not in my lifetime. We live in a hopeless situation where even the U.N. secretary-general fails to nudge the stubborn regime," said U Hla Shwe, a 72-year old retired lawyer.
The New Light of Myanmar reported on July 5 that junta leader Senior Gen. Than Shwe denied the U.N. secretary-general's request for a prison visit because "the case is being heard freely and fairly, so they have no right to arrange a meeting between the UNSG and Daw Aung San Suu Kyi." "Daw" is a term of respect.
Suu Kyi faces up to five years in jail on charges of violating the terms of her long-standing house arrest, after the uninvited American man, also imprisoned at Insein, swam to her tightly guarded lakeside home and stayed two days. He made the same swim last year.
Her defense will call a second witness Friday. Then Suu Kyi's defense plans to ask the court to give it sufficient time — about a week — to prepare for closing arguments. A separate date is expected for the court to deliver the verdict, which could still be appealed.
Her supporters and human rights groups see the trial as an excuse for the government to throw her back in jail, now that they've reached the legal limit on detaining her. She has spent nearly 14 of the last 20 years in detention, mostly under house arrest.
It has been two decades since the military refused to hand over control to a civilian government despite Suu Kyi's National League for Democracy winning an extraordinary landslide victory in May 1990. Myanmar, also known as Burma, has been under military rule since 1962.
An editor of a local news magazine, who did not want to be named for fear of retaliation, said, "I had thought that the government was eager to hold all inclusive elections at least to give some credibility to the elections. But after Daw Aung San Suu Kyi was put on trial, I realize that the government was not sincere with the intention."
Since the referendum last year, when the junta pushed through a 92 percent vote to affirm a new constitution despite the devastation and disorder of Cyclone Nargis, despair set in that anyone's vote would ever count. Ban's visit did nothing to alleviate that.
"The government is going to hold the elections to cement their power and they will see to it that they get what they want, so my vote won't make any difference," said a 44-year old school teacher named Lei Lei.
Ban said Than Shwe indicated he might finally hand over control and become a civilian himself next year after an election is held. Some people hold out a glimmer of hope that might actually happen.
"Now everybody wants to have democracy — most of the people," said a 27-year-old Burmese man who, like many under the watchful eye of the military regime, did not want to be identified for fear harm would come to his family. "Maybe it will take two to three years."
Even as hopes dim for Suu Kyi's release and for a freely elected government, some people won't give up trying.
"I am skeptical that we will ever see change in the country. I will continue fighting for our rights working as a citizen journalist," said 25-year-old Zaw Zaw, who said he reports for an exiled anti-government media group. "It is dangerous working as a CJ and I am fearful all the time when I might get caught."
Friday, July 3, 2009
Trial postponed to July10
From Al Jazeera-
Suu Kyi trial delayed again
Critics say the trial is intended to keep Aung San Suu Kyi behind bars during next year's elections
The trial of Myanmar's detained opposition leader Aung San Suu Kyi has been adjourned at the last minute until July 10, one of her lawyers has said.
The trial of the Nobel peace laureate, who is accused of breaking the terms of her house arrest, had been due to resume on Friday, the same day as the arrival in Myanmar of Ban Ki-moon, the UN secretary general.
But as lawyers gathered at Yangon's Insein jail on Friday morning, officials announced that the trial, already adjourned for more than a month, had been pushed back once again.
Speaking to reporters Nyan Win, a member of Aung San Suu Kyi's legal team, said the court announced the adjournment just as the case was due to resume.
"The Supreme Court did not send the case files to the lower court, so the case has been adjourned until July 10," Nyan Win told reporters.
In depth
He said Aung San Suu Kyi had "expressed her surprise that this happened."
During his two-day visit to Myanmar the UN chief is expected to lobby Myanmar's military rulers to free Aung San Suu Kyi and around 2,000 other political detainees.
He was expected to meet the country's reclusive top ruler, Senior General Than Shwe, later on Friday.
UN officials have said he will also seek a one-on-one meeting with Aung San Suu Kyi, although it is not clear whether that will be permitted.
If such a meeting does take place, Ban will be the first UN secretary general to meet her since she was first detained in 1989.
Outrage
The 64-year-old opposition leader is charged with violating the terms of her house arrest in a case that has sparked global outrage.
She has spent most of the past 20 years in jail or under house arrest and on Sunday she will mark her 5,000th day in detention.
The charges centre on an uninvited visit by an American man, John Yettaw, who sneaked past security on May 3 and swam to her lakeside home, where he stayed for two days.
He was arrested while trying to leave her house.
Yettaw, a 53-year-old Vietnam war veteran, and two female aides of Aung San Suu Kyi are also on trial.
If convicted she faces up to five years in jail.
Opposition supporters and human rights groups have said the trial is a sham, trumped up by the military to ensure Aung San Suu Kyi remains in jail during elections that the military has said will take place next year.
Suu Kyi trial delayed again
Critics say the trial is intended to keep Aung San Suu Kyi behind bars during next year's elections
The trial of Myanmar's detained opposition leader Aung San Suu Kyi has been adjourned at the last minute until July 10, one of her lawyers has said.
The trial of the Nobel peace laureate, who is accused of breaking the terms of her house arrest, had been due to resume on Friday, the same day as the arrival in Myanmar of Ban Ki-moon, the UN secretary general.
But as lawyers gathered at Yangon's Insein jail on Friday morning, officials announced that the trial, already adjourned for more than a month, had been pushed back once again.
Speaking to reporters Nyan Win, a member of Aung San Suu Kyi's legal team, said the court announced the adjournment just as the case was due to resume.
"The Supreme Court did not send the case files to the lower court, so the case has been adjourned until July 10," Nyan Win told reporters.
In depth
He said Aung San Suu Kyi had "expressed her surprise that this happened."
During his two-day visit to Myanmar the UN chief is expected to lobby Myanmar's military rulers to free Aung San Suu Kyi and around 2,000 other political detainees.
He was expected to meet the country's reclusive top ruler, Senior General Than Shwe, later on Friday.
UN officials have said he will also seek a one-on-one meeting with Aung San Suu Kyi, although it is not clear whether that will be permitted.
If such a meeting does take place, Ban will be the first UN secretary general to meet her since she was first detained in 1989.
Outrage
The 64-year-old opposition leader is charged with violating the terms of her house arrest in a case that has sparked global outrage.
She has spent most of the past 20 years in jail or under house arrest and on Sunday she will mark her 5,000th day in detention.
The charges centre on an uninvited visit by an American man, John Yettaw, who sneaked past security on May 3 and swam to her lakeside home, where he stayed for two days.
He was arrested while trying to leave her house.
Yettaw, a 53-year-old Vietnam war veteran, and two female aides of Aung San Suu Kyi are also on trial.
If convicted she faces up to five years in jail.
Opposition supporters and human rights groups have said the trial is a sham, trumped up by the military to ensure Aung San Suu Kyi remains in jail during elections that the military has said will take place next year.
Tuesday, June 30, 2009
Ban to raise pol. prisoners issue
Two things to watch for here. First is that Ban set himself up for a fall when he announced on CNN a few weeks back that he wanted to go to Burma that he wished to meet with Than Shwe - the military leader. This gives the despot an opportunity to snub him and gain a victory over him. So, Thing To Watch #1: will Ban meet with Than Shwe?
Second, is whether he will actually mention the release of Aung San Suu Kyi. He will call for the release of all (approx 2100) political prisoners. The UN SC recently tried to insert direct mention of Aung San Suu Kyi in an official statement, but it was dropped on the insistence mainly of China. If he mentions The Lady, it may be a sign that Beijing is hardening on the junta, or that the SG is playing a go-for-it game. Therefore: Thing To Watch #2: Will Ban call for the release of Aung San Suu Kyi by name?
From AFP-
UN chief to urge release of Myanmar political detainees
By Herve Couturier
UNITED NATIONS (AFP) — UN chief Ban Ki-moon will travel to Myanmar this week for talks with the military regime on the release of all political prisoners, including democracy icon Aung San Suu Kyi, his spokeswoman said Monday.
Michele Montas said Ban's agenda in Myanmar, following travel Monday to Japan, includes a broad range of issues, including Aung San Suu Kyi's fate and "the release of all political prisoners."
Ban also hopes to address "the resumption of dialogue between the government and opposition as a necessary part of any national reconciliation process, and the need to create conditions conducive to credible elections," she added.
Ban decided to go ahead with the trip after being briefed Sunday by his special envoy Ibrahim Gambari who paid a brief preparatory trip to Myanmar last week.
The UN leader's visit to the country formerly known as Burma, set for Friday and Saturday, comes as Myanmar's military rulers press ahead with the internationally condemned trial of Aung San Suu Kyi.
Aung San Suu Kyi, 64, is being held in jail on charges of violating her house arrest after American John Yettaw swam to her lakeside house earlier this year. She faces up to five years in prison if convicted.
Her case has drawn widespread international condemnation, with US President Barack Obama describing it as a "show trial" and some of Myanmar's neighbors breaking their usual silence on the issue.
Diplomats said Ban faced a dilemma in responding to the formal invitation from Myanmar rulers.
Refusing to make the visit would be seen as not fulfilling his role as secretary general but to accept and return empty-handed would be seen as a slap in the face for him and for the international community, said a diplomat who spoke on condition of anonymity.
Other diplomats said Ban was also in a delicate position as veto-wielding China, a traditional ally of Myanmar, and the Association of Southeast Asian Nations of which Myanmar is a member, were pushing him to go without setting conditions while Western nations were pressing him to secure at least some concessions from the military regime.
During his two-day visit, Gambari met twice with Myanmar Foreign Minister Nyan Win in the junta's remote administrative capital Naypyidaw before holding talks with Singapore's ambassador and UN staff in Yangon.
But the UN special envoy did not meet Nobel Laureate Aung San Suu Kyi himself before flying out of the country.
The UN boss and Gambari have been trying to persuade Myanmar's ruling generals to free all political detainees, including Aung San Suu Kyi, and steer their country on the path to democracy and national reconciliation.
Second, is whether he will actually mention the release of Aung San Suu Kyi. He will call for the release of all (approx 2100) political prisoners. The UN SC recently tried to insert direct mention of Aung San Suu Kyi in an official statement, but it was dropped on the insistence mainly of China. If he mentions The Lady, it may be a sign that Beijing is hardening on the junta, or that the SG is playing a go-for-it game. Therefore: Thing To Watch #2: Will Ban call for the release of Aung San Suu Kyi by name?
From AFP-
UN chief to urge release of Myanmar political detainees
By Herve Couturier
UNITED NATIONS (AFP) — UN chief Ban Ki-moon will travel to Myanmar this week for talks with the military regime on the release of all political prisoners, including democracy icon Aung San Suu Kyi, his spokeswoman said Monday.
Michele Montas said Ban's agenda in Myanmar, following travel Monday to Japan, includes a broad range of issues, including Aung San Suu Kyi's fate and "the release of all political prisoners."
Ban also hopes to address "the resumption of dialogue between the government and opposition as a necessary part of any national reconciliation process, and the need to create conditions conducive to credible elections," she added.
Ban decided to go ahead with the trip after being briefed Sunday by his special envoy Ibrahim Gambari who paid a brief preparatory trip to Myanmar last week.
The UN leader's visit to the country formerly known as Burma, set for Friday and Saturday, comes as Myanmar's military rulers press ahead with the internationally condemned trial of Aung San Suu Kyi.
Aung San Suu Kyi, 64, is being held in jail on charges of violating her house arrest after American John Yettaw swam to her lakeside house earlier this year. She faces up to five years in prison if convicted.
Her case has drawn widespread international condemnation, with US President Barack Obama describing it as a "show trial" and some of Myanmar's neighbors breaking their usual silence on the issue.
Diplomats said Ban faced a dilemma in responding to the formal invitation from Myanmar rulers.
Refusing to make the visit would be seen as not fulfilling his role as secretary general but to accept and return empty-handed would be seen as a slap in the face for him and for the international community, said a diplomat who spoke on condition of anonymity.
Other diplomats said Ban was also in a delicate position as veto-wielding China, a traditional ally of Myanmar, and the Association of Southeast Asian Nations of which Myanmar is a member, were pushing him to go without setting conditions while Western nations were pressing him to secure at least some concessions from the military regime.
During his two-day visit, Gambari met twice with Myanmar Foreign Minister Nyan Win in the junta's remote administrative capital Naypyidaw before holding talks with Singapore's ambassador and UN staff in Yangon.
But the UN special envoy did not meet Nobel Laureate Aung San Suu Kyi himself before flying out of the country.
The UN boss and Gambari have been trying to persuade Myanmar's ruling generals to free all political detainees, including Aung San Suu Kyi, and steer their country on the path to democracy and national reconciliation.
Ban to visit Burma Friday
But then this, also from the BBC -
UN chief announces trip to Burma
Aung San Suu Kyi is head of the National League for Democracy party
The head of the United Nations will travel to Burma on Friday to press the country on democratic reform.
Secretary-General Ban Ki-Moon will urge Burma's generals to free political prisoners such as opposition leader Aung San Suu Kyi.
Ms Suu Kyi has spent much of the past two decades in jail or under house arrest.
The 64-year-old Nobel Peace laureate is currently on trial for violating the terms of her house arrest.
Mr Ban's trip, set for Friday and Saturday, was announced by his spokeswoman from New York.
This is also the date that Ms Suu Kyi's trial is set to resume.
The visit follows that of the UN's special envoy to the country, Ibrahim Gambari last weekend.
Correspondents say Mr Ban is wary of his trip being used by the generals to endorse their treatment of Ms Suu Kyi.
Her trial has been widely condemned as a ruse to keep her in jail during a general election which the ruling junta has scheduled for next year.
UN chief announces trip to Burma
Aung San Suu Kyi is head of the National League for Democracy party
The head of the United Nations will travel to Burma on Friday to press the country on democratic reform.
Secretary-General Ban Ki-Moon will urge Burma's generals to free political prisoners such as opposition leader Aung San Suu Kyi.
Ms Suu Kyi has spent much of the past two decades in jail or under house arrest.
The 64-year-old Nobel Peace laureate is currently on trial for violating the terms of her house arrest.
Mr Ban's trip, set for Friday and Saturday, was announced by his spokeswoman from New York.
This is also the date that Ms Suu Kyi's trial is set to resume.
The visit follows that of the UN's special envoy to the country, Ibrahim Gambari last weekend.
Correspondents say Mr Ban is wary of his trip being used by the generals to endorse their treatment of Ms Suu Kyi.
Her trial has been widely condemned as a ruse to keep her in jail during a general election which the ruling junta has scheduled for next year.
Witnesses denied, casts shadow over Ban visit
From the BBC-
Legal setback for Suu Kyi defence
By Jonathan Head BBC News, Bangkok
Aung San Suu Kyi's trial began in May, but has been repeatedly delayed
Burma's highest court has rejected an appeal by lawyers for opposition leader Aung San Suu Kyi to allow two prominent dissidents to testify in her defence.
Ms Suu Kyi is on trial for allowing a US man to stay in her home last month, after he swam there across a lake.
Her lawyers wanted four witnesses but have been allowed only two.
The trial has been widely condemned as a ploy to keep Ms Suu Kyi locked up until after next year's elections, the first in 20 years.
The trial has also cast doubt on a planned visit to Burma by UN Secretary-General Ban Ki-Moon.
Government ruse?
Burma's Supreme Court accepted the prosecution's argument that witnesses for Aung San Suu Kyi's defence could not be allowed to appear in court as they are government critics, and one is being held under house arrest.
Mr Gambari has been trying to plan a possible visit by Ban Ki-Moon
The machinations of Burma's court system are in any case immaterial to many outside observers, who believe the entire case against Ms Suu Kyi has been cooked up as a ruse to keep her in custody.
She is being charged with failing to evict an uninvited visitor to her lakeside home, where she has been held for 14 of the past 20 years.
The court case will now proceed later this week, and is widely expected to deliver a guilty verdict against the opposition leader.
But it is taking much longer than expected, with the authorities allowing far more "due process" than they normally do during dissidents' trials.
The government seems to have been taken by surprise by the storm of international protest over its treatment of Ms Suu Kyi.
Her trial presents a dilemma for UN Secretary-General Ban Ki-Moon, who has been invited to visit Burma next month.
He is known to want to sustain a dialogue with the country's isolated military rulers, but risks being condemned if he comes away from a visit with no concessions.
Special envoy Ibrahim Gambari has just left Burma after spending two days negotiating the terms of Mr Ban's visit - it still is not clear whether it will go ahead.
Legal setback for Suu Kyi defence
By Jonathan Head BBC News, Bangkok
Aung San Suu Kyi's trial began in May, but has been repeatedly delayed
Burma's highest court has rejected an appeal by lawyers for opposition leader Aung San Suu Kyi to allow two prominent dissidents to testify in her defence.
Ms Suu Kyi is on trial for allowing a US man to stay in her home last month, after he swam there across a lake.
Her lawyers wanted four witnesses but have been allowed only two.
The trial has been widely condemned as a ploy to keep Ms Suu Kyi locked up until after next year's elections, the first in 20 years.
The trial has also cast doubt on a planned visit to Burma by UN Secretary-General Ban Ki-Moon.
Government ruse?
Burma's Supreme Court accepted the prosecution's argument that witnesses for Aung San Suu Kyi's defence could not be allowed to appear in court as they are government critics, and one is being held under house arrest.
Mr Gambari has been trying to plan a possible visit by Ban Ki-Moon
The machinations of Burma's court system are in any case immaterial to many outside observers, who believe the entire case against Ms Suu Kyi has been cooked up as a ruse to keep her in custody.
She is being charged with failing to evict an uninvited visitor to her lakeside home, where she has been held for 14 of the past 20 years.
The court case will now proceed later this week, and is widely expected to deliver a guilty verdict against the opposition leader.
But it is taking much longer than expected, with the authorities allowing far more "due process" than they normally do during dissidents' trials.
The government seems to have been taken by surprise by the storm of international protest over its treatment of Ms Suu Kyi.
Her trial presents a dilemma for UN Secretary-General Ban Ki-Moon, who has been invited to visit Burma next month.
He is known to want to sustain a dialogue with the country's isolated military rulers, but risks being condemned if he comes away from a visit with no concessions.
Special envoy Ibrahim Gambari has just left Burma after spending two days negotiating the terms of Mr Ban's visit - it still is not clear whether it will go ahead.
Thursday, June 18, 2009
Trial Timeline
Unofficial translation from the NCGUB of trial signposts to June 16. Hopefully makes up for my absence while I have been on the road, sorry...-
By the National Coalition Government of the Union of Burma
Court: Special Court inside Insein Prison
Judges: U Thaung Nyunt (Northern District - Rangoon)
U Nyi Nyi Soe (Western District - Rangoon)
Plaintiff: Special Branch Police Lt Col Zaw Min Aung, two others
Defendants: 1. Daw Aung San Suu Kyi
2. Daw Khin Khin Win
3. Daw Win Ma Ma
4. John William Yettaw
Charges: Under Article 22 (State Protection Law or Law to Safeguard the State against the Dangers of Those Desiring to Cause Subversive Acts): "Any person against whom action is taken, who opposes, resists or disobeys any order passed under this Law shall be liable to imprisonment…"
-- Daw Aung San Suu Kyi
Under Article 109 (The Penal Code): "Whoever abets any offense shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code of the punishment of such abetment, be punished with the punishment provided for the offense. Explanation: An act or offense is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment."
-- Defendants 2, 3 & 4
Under Article 13 (1) (Immigration Act -- Emergency Provisions) and under Article 28 (Yangon City Development Committee Law) "for breaching the restriction on swimming in Inya Lake"
-- Defendant 4
Defense U Kyi Win (For Daw Aung San Suu Kyi)
Team: Daw Khin Htay Kywe (For two companions of Daw Aung San Suu Kyi)
U Hla Myo Myint, and U Nyan Win (Assist both the lawyers above)
High Grade Pleader U Khin Maung Oo (For John William Yettaw)
1-16 June Update
District Court
When the trial against Daw Aung San Suu Kyi, her two companions, and John Yettaw, whose uninvited sneak visit to Daw Aung San Suu Kyi's residence gave the Burmese junta the opportunity to file criminal charges against the Nobel Laureate, resumed on 1 June, it was postponed by the court authorities to 5 June.
People earlier speculated that trial postponement may have been because Daw Aung San Suu Kyi was sick but Defense Lawyer U Nyan Win denied, saying he had met with the leader on 30 May and she was fine. A "medical specialist" was taking care of her health problems, he added.
An Appeal Over Witnesses
On 2 June, Defense Lawyers U Kyi Win, U Nyan Win, U Hla Myo Myint, and Daw Khin Htay Kywe requested the Rangoon Divisional Court to review and amend the decree of the Rangoon North District Court which refused to summon three defense witnesses to the stand. The defense team had submitted four witnesses but the North District Court allowed only one of them to testify as witness -- Lawyer U Kyi Win [unrelated to the defense lawyer] of Labutta Township who is also an elected representative of Daw Aung San Suu Kyi's party -- National League for Democracy (NLD).
The three witnesses rejected by the North District Court are NLD Vice Chairman U Tin Oo, NLD Central Executive Committee member U Win Tin, and Daw Khin Mo Mo, a Supreme Court lawyer from Taunggyi.
The District Court had cited Section 257 (1) of the Code of Criminal Procedure to reject the three witnesses.
Section 257 (1) says: "If the accused, after he has entered upon his defense, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice."
District Court Postponed; Divisional Court Hears Appeal
On 5 June, the Rangoon North District Court could not continue the hearing because the defense team had submitted an appeal to the divisional court to review the refusal to summon three defense witnesses. The district court hearing was postponed to 12 June.
Also on 5 June, the Divisional Court also heard arguments from the defense and the prosecution about the rejection of defense witnesses.
The defense side argued that the decision to not summon the three witnesses was "unjust and against the law". The rejection of these witnesses was not listed in the daily court records as required under the law. The district court did not give any reason why they were rejected nor did it issue separate decrees for each of the three rejected defense witnesses as required. The Divisional Court should, therefore, correct it, asked the defense team.
Of the three rejected witnesses, the defense team had nominated U Tin Oo and U Win Tin as character witnesses and Daw Khin Mo Mo as legal expert.
Yangon Division deputy law officer Daw Khin Mar Kyi in her final argument agreed that the "refusing other witnesses without any separate decrees was contrary to the code of criminal procedure Section 257 (1)" and that the matter "was not kept on daily record". However, she argued that no one was questioning the character of the accused, and, therefore, the district court decision "not to call and question U Win Tin and U Tin Oo, to testify about the characters of the applicants was not against the law".
She also said the court does not need to summon all the witnesses the accused has nominated. Since the witnesses nominated are not needed to present any evidences, summoning them would only delay the trial. "Therefore, the court's decision not to call and examine those witnesses complies with the law".
After the final arguments the Rangoon Division Court ruled that a judgment would be delivered on 9 June.
Divisional Court Allows One More Witness
On 9 June, the Rangoon Division Court ruled that the District Court must summon and examine legal expert Daw Khin Mo Mo as a defense witness "in order to hear the case more thoroughly".
It, however, confirmed the District Court's decision not to summon witnesses U Tin Oo and U Win Tin as character witnesses.
District Court Resumes Hearing on 12 June
When the District Court resumed hearing on 12 June, the magistrate ruled that the defense witness, Daw Khin Mo Mo, will testify on 26 June.
Defense Lawyer U Nyan Win believed the court wanted to give time to Daw Khin Mo Mo to travel from Taunggyi to Rangoon.
Observers who were earlier concerned with the district court rushing ahead with the hearings believed the authorities are now slowing the trial down because of international pressure over Daw Aung San Suu Kyi.
Defense Lawyer U Nyan Win, however, said "We have seen trials against many pro-democracy activists lasting months, so, this is not a new phenomenon".
Appeal to the Supreme Court
Defense lawyers who won an appeal in the Rangoon Division Court to let one more defense witness -- Supreme Court Lawyer Daw Khin Mo Mo of Taunggyi -- to testify said they were appealing to the Supreme Court to win the right for two other rejected witnesses to appear.
The reason for wanting the two witnesses to testify, they said, was because the District Court had allowed 14 of the 22 witnesses nominated by the prosecution to testify but had only allowed one defense witness to appear.
Whether the Supreme Court will accept the defense arguments for the two witnesses -- U Tin Oo, who is also under house arrest, and U Win Tin -- will only be known on the court appointed date of 17 June, the lawyer added.
U Nyan Win said on 11 June -- the date the appeal was submitted to the Supreme Court: "We submitted our case at 1100 today and were given a case number. We will know if the case is accepted by the Supreme Court only on 17 June".
By the National Coalition Government of the Union of Burma
Court: Special Court inside Insein Prison
Judges: U Thaung Nyunt (Northern District - Rangoon)
U Nyi Nyi Soe (Western District - Rangoon)
Plaintiff: Special Branch Police Lt Col Zaw Min Aung, two others
Defendants: 1. Daw Aung San Suu Kyi
2. Daw Khin Khin Win
3. Daw Win Ma Ma
4. John William Yettaw
Charges: Under Article 22 (State Protection Law or Law to Safeguard the State against the Dangers of Those Desiring to Cause Subversive Acts): "Any person against whom action is taken, who opposes, resists or disobeys any order passed under this Law shall be liable to imprisonment…"
-- Daw Aung San Suu Kyi
Under Article 109 (The Penal Code): "Whoever abets any offense shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code of the punishment of such abetment, be punished with the punishment provided for the offense. Explanation: An act or offense is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment."
-- Defendants 2, 3 & 4
Under Article 13 (1) (Immigration Act -- Emergency Provisions) and under Article 28 (Yangon City Development Committee Law) "for breaching the restriction on swimming in Inya Lake"
-- Defendant 4
Defense U Kyi Win (For Daw Aung San Suu Kyi)
Team: Daw Khin Htay Kywe (For two companions of Daw Aung San Suu Kyi)
U Hla Myo Myint, and U Nyan Win (Assist both the lawyers above)
High Grade Pleader U Khin Maung Oo (For John William Yettaw)
1-16 June Update
District Court
When the trial against Daw Aung San Suu Kyi, her two companions, and John Yettaw, whose uninvited sneak visit to Daw Aung San Suu Kyi's residence gave the Burmese junta the opportunity to file criminal charges against the Nobel Laureate, resumed on 1 June, it was postponed by the court authorities to 5 June.
People earlier speculated that trial postponement may have been because Daw Aung San Suu Kyi was sick but Defense Lawyer U Nyan Win denied, saying he had met with the leader on 30 May and she was fine. A "medical specialist" was taking care of her health problems, he added.
An Appeal Over Witnesses
On 2 June, Defense Lawyers U Kyi Win, U Nyan Win, U Hla Myo Myint, and Daw Khin Htay Kywe requested the Rangoon Divisional Court to review and amend the decree of the Rangoon North District Court which refused to summon three defense witnesses to the stand. The defense team had submitted four witnesses but the North District Court allowed only one of them to testify as witness -- Lawyer U Kyi Win [unrelated to the defense lawyer] of Labutta Township who is also an elected representative of Daw Aung San Suu Kyi's party -- National League for Democracy (NLD).
The three witnesses rejected by the North District Court are NLD Vice Chairman U Tin Oo, NLD Central Executive Committee member U Win Tin, and Daw Khin Mo Mo, a Supreme Court lawyer from Taunggyi.
The District Court had cited Section 257 (1) of the Code of Criminal Procedure to reject the three witnesses.
Section 257 (1) says: "If the accused, after he has entered upon his defense, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice."
District Court Postponed; Divisional Court Hears Appeal
On 5 June, the Rangoon North District Court could not continue the hearing because the defense team had submitted an appeal to the divisional court to review the refusal to summon three defense witnesses. The district court hearing was postponed to 12 June.
Also on 5 June, the Divisional Court also heard arguments from the defense and the prosecution about the rejection of defense witnesses.
The defense side argued that the decision to not summon the three witnesses was "unjust and against the law". The rejection of these witnesses was not listed in the daily court records as required under the law. The district court did not give any reason why they were rejected nor did it issue separate decrees for each of the three rejected defense witnesses as required. The Divisional Court should, therefore, correct it, asked the defense team.
Of the three rejected witnesses, the defense team had nominated U Tin Oo and U Win Tin as character witnesses and Daw Khin Mo Mo as legal expert.
Yangon Division deputy law officer Daw Khin Mar Kyi in her final argument agreed that the "refusing other witnesses without any separate decrees was contrary to the code of criminal procedure Section 257 (1)" and that the matter "was not kept on daily record". However, she argued that no one was questioning the character of the accused, and, therefore, the district court decision "not to call and question U Win Tin and U Tin Oo, to testify about the characters of the applicants was not against the law".
She also said the court does not need to summon all the witnesses the accused has nominated. Since the witnesses nominated are not needed to present any evidences, summoning them would only delay the trial. "Therefore, the court's decision not to call and examine those witnesses complies with the law".
After the final arguments the Rangoon Division Court ruled that a judgment would be delivered on 9 June.
Divisional Court Allows One More Witness
On 9 June, the Rangoon Division Court ruled that the District Court must summon and examine legal expert Daw Khin Mo Mo as a defense witness "in order to hear the case more thoroughly".
It, however, confirmed the District Court's decision not to summon witnesses U Tin Oo and U Win Tin as character witnesses.
District Court Resumes Hearing on 12 June
When the District Court resumed hearing on 12 June, the magistrate ruled that the defense witness, Daw Khin Mo Mo, will testify on 26 June.
Defense Lawyer U Nyan Win believed the court wanted to give time to Daw Khin Mo Mo to travel from Taunggyi to Rangoon.
Observers who were earlier concerned with the district court rushing ahead with the hearings believed the authorities are now slowing the trial down because of international pressure over Daw Aung San Suu Kyi.
Defense Lawyer U Nyan Win, however, said "We have seen trials against many pro-democracy activists lasting months, so, this is not a new phenomenon".
Appeal to the Supreme Court
Defense lawyers who won an appeal in the Rangoon Division Court to let one more defense witness -- Supreme Court Lawyer Daw Khin Mo Mo of Taunggyi -- to testify said they were appealing to the Supreme Court to win the right for two other rejected witnesses to appear.
The reason for wanting the two witnesses to testify, they said, was because the District Court had allowed 14 of the 22 witnesses nominated by the prosecution to testify but had only allowed one defense witness to appear.
Whether the Supreme Court will accept the defense arguments for the two witnesses -- U Tin Oo, who is also under house arrest, and U Win Tin -- will only be known on the court appointed date of 17 June, the lawyer added.
U Nyan Win said on 11 June -- the date the appeal was submitted to the Supreme Court: "We submitted our case at 1100 today and were given a case number. We will know if the case is accepted by the Supreme Court only on 17 June".
Witnesses allowed
A formal forum for U Win Tin and U Tin Oo? Things are definately getting interesting. Note the conclusion which suggests the regime may actually be considering whether to convict her at all. Not sure whether this means her release is being seen as a serious possibility - no-one I have spoken to seems to share that view - or whether it is believed she will just be locked up without a conviction at all. My understanding is there is clearly a power struggle inside the SPDC and that the trial has become its battleground, perhaps its turning point. There may be signs those looking for an exit strategy within the SPDC are getting some traction. The trial is generally seen as a victory for the hard-liners. Maybe the balance has evened a little.
From the Irrawaddy-
Burma’s High Court to Hear Suu Kyi Lawyers’ Plea
By MIN LWIN
Wednesday, June 17, 2009 ,
Burma’s High Court on Wednesday granted a request by lawyers representing Aung San Suu Kyi to consider whether two more defense witnesses can testify before the special court trying her in Rangoon’s Insein Prison.
The two witnesses, Tin Oo and Win Tin, will give evidence on Friday, according to lawyer Nyan Win, one of Suu Kyi’s legal team. Her lawyers had appealed to Burma’s highest court to overturn the special court’s refusal to hear testimony from Tin Oo and Win Tin.
Tin Oo is vice chairman of the opposition National League for Democracy (NLD).A former commander in chief of Burma’s armed forces, the Tatmadaw, he has been under house arrest since an attack on a convoy carrying him and Suu Kyi in 2003. His term of house arrest was extended for a further year in February.
Win Tin, a prominent editor, was Burma’s longest-serving political prisoner until his release last year.
They were among four witnesses the defense wished to present before the Insein court, which allowed only two. Evidence has been heard so far from one, legal expert Kyi Win, and a second, Khin Moe Moe, a legal expert from Shan State, is still waiting to appear before the court.
The decision to allow lawyers to press their case before Burma’s highest court for the admission of evidence from Tin Oo and Win Tin delays still further a trial that many observers expected to have ended by now.
Burmese political observers, within and outside Burma, said the delay was related to the increasing international pressure on Burma.
“At first, they [North District Court] called the trial every day, as if they wanted to finish it as fast as it could,” said Moe Zaw Oo, the secretary of the Foreign Affairs Department of the NLD in exile.
“I think there may be two reasons why the government is delaying Daw Suu’s trial,” Moe Zaw Oo told The Irrawaddy. “First, they [government] faced unexpected international pressure and media attention, so they postponed the court. When international pressure and media attention decreases they will sentence her.
“Second, they are considering whether to convict her or not and what the sentence should be.”
From the Irrawaddy-
Burma’s High Court to Hear Suu Kyi Lawyers’ Plea
By MIN LWIN
Wednesday, June 17, 2009 ,
Burma’s High Court on Wednesday granted a request by lawyers representing Aung San Suu Kyi to consider whether two more defense witnesses can testify before the special court trying her in Rangoon’s Insein Prison.
The two witnesses, Tin Oo and Win Tin, will give evidence on Friday, according to lawyer Nyan Win, one of Suu Kyi’s legal team. Her lawyers had appealed to Burma’s highest court to overturn the special court’s refusal to hear testimony from Tin Oo and Win Tin.
Tin Oo is vice chairman of the opposition National League for Democracy (NLD).A former commander in chief of Burma’s armed forces, the Tatmadaw, he has been under house arrest since an attack on a convoy carrying him and Suu Kyi in 2003. His term of house arrest was extended for a further year in February.
Win Tin, a prominent editor, was Burma’s longest-serving political prisoner until his release last year.
They were among four witnesses the defense wished to present before the Insein court, which allowed only two. Evidence has been heard so far from one, legal expert Kyi Win, and a second, Khin Moe Moe, a legal expert from Shan State, is still waiting to appear before the court.
The decision to allow lawyers to press their case before Burma’s highest court for the admission of evidence from Tin Oo and Win Tin delays still further a trial that many observers expected to have ended by now.
Burmese political observers, within and outside Burma, said the delay was related to the increasing international pressure on Burma.
“At first, they [North District Court] called the trial every day, as if they wanted to finish it as fast as it could,” said Moe Zaw Oo, the secretary of the Foreign Affairs Department of the NLD in exile.
“I think there may be two reasons why the government is delaying Daw Suu’s trial,” Moe Zaw Oo told The Irrawaddy. “First, they [government] faced unexpected international pressure and media attention, so they postponed the court. When international pressure and media attention decreases they will sentence her.
“Second, they are considering whether to convict her or not and what the sentence should be.”
Friday, June 5, 2009
Family protests at US Embassy
From Mizzima, a reminder that there are some 2,100 political prisoners in Burma, all living under appalling conditions and all leaving their families broken apart. This underlines the campaign to release all political prisoners, immediately and unconditionally. Also note the non-committal stance of the US official.
Women, children arrested for rare protest
Thursday, 04 June 2009 16:45 New Delhi (Mizzima)
Two women and three children were arrested by the police on Thursday after briefly demonstrating in front of the US embassy in Rangoon.According to the Thailand-based Assistance Association for Political Prisoners-Burma (AAPP-B), the group of people belonged to one family – mother and children.
They had been demanding the release of the head of their family – the husband and the father, who was arrested and detained by the authorities.
Tate Naing, General Secretary of the AAPP-B, said “We have confirmation that two women and three children were arrested by the police.”He said they were family members of a political prisoner but failed to give the name and time of his arrest.
Drake Weisert, Assistant Public Affairs Officer of the US Embassy, confirmed the demonstration but refused to explain their demands saying it was a personal matter.
Women, children arrested for rare protest
Thursday, 04 June 2009 16:45 New Delhi (Mizzima)
Two women and three children were arrested by the police on Thursday after briefly demonstrating in front of the US embassy in Rangoon.According to the Thailand-based Assistance Association for Political Prisoners-Burma (AAPP-B), the group of people belonged to one family – mother and children.
They had been demanding the release of the head of their family – the husband and the father, who was arrested and detained by the authorities.
Tate Naing, General Secretary of the AAPP-B, said “We have confirmation that two women and three children were arrested by the police.”He said they were family members of a political prisoner but failed to give the name and time of his arrest.
Drake Weisert, Assistant Public Affairs Officer of the US Embassy, confirmed the demonstration but refused to explain their demands saying it was a personal matter.
Aung San Suu Kyi gives military an exit strategy
From the blog of Mark Canning, the UK's Burma Ambassador, which is being run on the Guardian's pages. Its from last Friday, but is still relevant. This is very much the thinking behind the democracy movement's emerging transition plan.
Canning's blog can be followed here
Burma's leaders have been pursuing their road map towards a "disciplined democracy" for so long that few people could tell you what stage they've reached. But the pace is picking up: an election is to be held next year, although in what form nobody yet knows. That is why the events in the courtroom at Insein are unfolding.
So why is Aung San Suu Kyi important to the future of Burma? Nobody – and certainly not the lady herself – pretends she is the answer to all of its myriad problems. But she's perhaps the only person capable of bridging the yawning political divides between opposition, ethnic nationalities and government. Unless she is allowed to play that sort of role, the task will become immeasurably more difficult.
Suu Kyi has repeatedly made clear her willingness to work with the military government in a process of political reconciliation. She is viewed by them as a threat. But she's actually an opportunity, to the extent that she's declared herself willing to work with them towards the sort of future that the current direction of travel will never deliver.
Sitting in the decrepit courtroom this week reminded me of how far this country is sliding: not a computer or modern aid in evidence, the torches confiscated from the American intruder looked as though they might have been left by alien intruders. It was a scene with which George Orwell, from his days here, would have been entirely familiar. In the midst of a region that has delivered unparalleled benefits to its population, it's sad to see a country being taken in the opposite direction.
A campaign has been launched at 64forsuu.org allowing visitors to leave a message of support for Suu Kyi in the run up to her 64th birthday on 19 June. We all hope it will draw the world's attention to her plight and shame the generals into doing something about it.
Canning's blog can be followed here
Burma's leaders have been pursuing their road map towards a "disciplined democracy" for so long that few people could tell you what stage they've reached. But the pace is picking up: an election is to be held next year, although in what form nobody yet knows. That is why the events in the courtroom at Insein are unfolding.
So why is Aung San Suu Kyi important to the future of Burma? Nobody – and certainly not the lady herself – pretends she is the answer to all of its myriad problems. But she's perhaps the only person capable of bridging the yawning political divides between opposition, ethnic nationalities and government. Unless she is allowed to play that sort of role, the task will become immeasurably more difficult.
Suu Kyi has repeatedly made clear her willingness to work with the military government in a process of political reconciliation. She is viewed by them as a threat. But she's actually an opportunity, to the extent that she's declared herself willing to work with them towards the sort of future that the current direction of travel will never deliver.
Sitting in the decrepit courtroom this week reminded me of how far this country is sliding: not a computer or modern aid in evidence, the torches confiscated from the American intruder looked as though they might have been left by alien intruders. It was a scene with which George Orwell, from his days here, would have been entirely familiar. In the midst of a region that has delivered unparalleled benefits to its population, it's sad to see a country being taken in the opposite direction.
A campaign has been launched at 64forsuu.org allowing visitors to leave a message of support for Suu Kyi in the run up to her 64th birthday on 19 June. We all hope it will draw the world's attention to her plight and shame the generals into doing something about it.
Thursday, June 4, 2009
Defence witnesses called
From AsiaOne-
Myanmar's Suu Kyi challenges witness ban
Refusal of judges to allow the witnesses to testify at the closed prison trial shows the case against her was one-sided.
YANGON - Lawyers for Myanmar democracy icon Aung San Suu Kyi went to court Wednesday to challenge a ban preventing her from calling three out of four defence witnesses at her internationally condemned trial.
The Nobel laureate's legal team said the refusal of judges to allow the witnesses to testify at the closed prison trial showed that the military regime's case against her was one-sided.
The opposition leader faces up to five years in jail on charges of breaching the conditions of her house arrest after a bizarre incident in which an American man, John Yettaw, swam to her lakeside home in May.
"We will give our statement to the Yangon divisional court asking that they should accept our three defence witnesses," Nyan Win, the spokesman for Aung San Suu Kyi's National League for Democracy (NLD), told AFP.
"According to the law they should accept this revision," said Nyan Win, who is also one of her defence lawyers.
The three barred witnesses were Tin Oo, a journalist who was Myanmar's longest serving prisoner until his release in September, detained deputy NLD chief Win Tin and lawyer Khin Moe Moe.
Nyan Win said that their preparations for final arguments in the case, which are due on Friday, were almost finished."We are satisfied with our preparations," he said.
Myanmar's ruling junta has kept Aung San Suu Kyi in detention for 13 of the last 19 years, and the latest attempt to lock her up has provoked international outrage.
US President Barack Obama has described the proceedings inside Yangon's notorious Insein Prison as a "show trial," while Myanmar's usually reticent Asian neighbours have expressed strong concerns.
Kyi Win, her main lawyer, said Tuesday that the prosecution had called 14 witnesses against one for the defence, adding: "If you look at the numbers it is one-sided, and that is why we have made this application."
Myanmar's ruling generals say the case is an internal matter, accusing Aung San Suu Kyi of covering up Yettaw's visit and suggesting that the incident was planned by "internal and external anti-government elements."
Yettaw's lawyer said Tuesday that the former US military veteran did not take orders or money from outside organisations before swimming across the lake - a feat he managed using a pair of home-made flippers.
He said that Yettaw, a devout Mormon, was a "sincere and pious" person who believed God had told him to warn her and the government after he had a vision that she would be assassinated.
Legal and rights experts told a panel discussion in Bangkok that the international community should use the global outrage about the trial to push for a UN inquiry over possible crimes against humanity in Myanmar.
The case has provided a "window of opportunity" to investigate Myanmar's junta, said Tyler Giannini of Harvard Law School. Giannini co-authored a report in May calling for the UN Security Council to follow the precedent of Rwanda and the former Yugoslavia, where inquiries led to special tribunals and prosecutions.
"The trial of Daw Aung San Suu Kyi is putting additional scrutiny on Burma right now and really highlighting the lack of judicial independence," Giannini said at the Foreign Correspondents Club of Thailand late Tuesday.
He said that with political unity there was a "very good chance... that (UN) member states will consider it seriously and it has a chance to get on the agenda in the fairly near future because of this current scrutiny."
Myanmar has been ruled by the military in 1962. The army refused to recognise elections won by the NLD in 1990 and crushed mass protests in 1988 and 2007.
Myanmar's Suu Kyi challenges witness ban
Refusal of judges to allow the witnesses to testify at the closed prison trial shows the case against her was one-sided.
YANGON - Lawyers for Myanmar democracy icon Aung San Suu Kyi went to court Wednesday to challenge a ban preventing her from calling three out of four defence witnesses at her internationally condemned trial.
The Nobel laureate's legal team said the refusal of judges to allow the witnesses to testify at the closed prison trial showed that the military regime's case against her was one-sided.
The opposition leader faces up to five years in jail on charges of breaching the conditions of her house arrest after a bizarre incident in which an American man, John Yettaw, swam to her lakeside home in May.
"We will give our statement to the Yangon divisional court asking that they should accept our three defence witnesses," Nyan Win, the spokesman for Aung San Suu Kyi's National League for Democracy (NLD), told AFP.
"According to the law they should accept this revision," said Nyan Win, who is also one of her defence lawyers.
The three barred witnesses were Tin Oo, a journalist who was Myanmar's longest serving prisoner until his release in September, detained deputy NLD chief Win Tin and lawyer Khin Moe Moe.
Nyan Win said that their preparations for final arguments in the case, which are due on Friday, were almost finished."We are satisfied with our preparations," he said.
Myanmar's ruling junta has kept Aung San Suu Kyi in detention for 13 of the last 19 years, and the latest attempt to lock her up has provoked international outrage.
US President Barack Obama has described the proceedings inside Yangon's notorious Insein Prison as a "show trial," while Myanmar's usually reticent Asian neighbours have expressed strong concerns.
Kyi Win, her main lawyer, said Tuesday that the prosecution had called 14 witnesses against one for the defence, adding: "If you look at the numbers it is one-sided, and that is why we have made this application."
Myanmar's ruling generals say the case is an internal matter, accusing Aung San Suu Kyi of covering up Yettaw's visit and suggesting that the incident was planned by "internal and external anti-government elements."
Yettaw's lawyer said Tuesday that the former US military veteran did not take orders or money from outside organisations before swimming across the lake - a feat he managed using a pair of home-made flippers.
He said that Yettaw, a devout Mormon, was a "sincere and pious" person who believed God had told him to warn her and the government after he had a vision that she would be assassinated.
Legal and rights experts told a panel discussion in Bangkok that the international community should use the global outrage about the trial to push for a UN inquiry over possible crimes against humanity in Myanmar.
The case has provided a "window of opportunity" to investigate Myanmar's junta, said Tyler Giannini of Harvard Law School. Giannini co-authored a report in May calling for the UN Security Council to follow the precedent of Rwanda and the former Yugoslavia, where inquiries led to special tribunals and prosecutions.
"The trial of Daw Aung San Suu Kyi is putting additional scrutiny on Burma right now and really highlighting the lack of judicial independence," Giannini said at the Foreign Correspondents Club of Thailand late Tuesday.
He said that with political unity there was a "very good chance... that (UN) member states will consider it seriously and it has a chance to get on the agenda in the fairly near future because of this current scrutiny."
Myanmar has been ruled by the military in 1962. The army refused to recognise elections won by the NLD in 1990 and crushed mass protests in 1988 and 2007.
Verdict delayed
From the Irrawaddy-
Court Postpones Suu Kyi Verdict, Admits Defense Witnesses
Wednesday, June 3, 2009 ,
The Rangoon court trying opposition leader Aung San Suu Kyi agreed today to delay the verdict it was planning to give on Friday and to hear the evidence of three defense witnesses instead.
Nyan Win, a member of Suu Kyi’s legal team, told The Irrawaddy that the decision to allow the witnesses to testify was “another significant stage towards winning the case.”
Nyan Win said the decision meant that “the final verdict that was scheduled to be held on Friday will be given later.”
A defense plea to admit the three witnesses was earlier denied by a special provincial level court in Insein Prison. The divisional level court now trying the case had reversed that decision, Nyan Win said.
No date had been given for the reading of the verdict, the lawyer said.
Suu Kyi is charged before the Insein Prison court with violating the terms of her house arrest by giving shelter to an American intruder, John William Yettaw. If found guilty, she faces a sentence of up to five years imprisonment.
Court Postpones Suu Kyi Verdict, Admits Defense Witnesses
Wednesday, June 3, 2009 ,
The Rangoon court trying opposition leader Aung San Suu Kyi agreed today to delay the verdict it was planning to give on Friday and to hear the evidence of three defense witnesses instead.
Nyan Win, a member of Suu Kyi’s legal team, told The Irrawaddy that the decision to allow the witnesses to testify was “another significant stage towards winning the case.”
Nyan Win said the decision meant that “the final verdict that was scheduled to be held on Friday will be given later.”
A defense plea to admit the three witnesses was earlier denied by a special provincial level court in Insein Prison. The divisional level court now trying the case had reversed that decision, Nyan Win said.
No date had been given for the reading of the verdict, the lawyer said.
Suu Kyi is charged before the Insein Prison court with violating the terms of her house arrest by giving shelter to an American intruder, John William Yettaw. If found guilty, she faces a sentence of up to five years imprisonment.
Thursday, May 28, 2009
NLD statement on case legality
This is an unofficial translation of a statement from the NLD from 9 May, but which I have just received on some of the legal details of the case-
UNOFFICIAL TRANSLATION
NATIONAL LEAGUE FOR DEMOCRACY
No 97/B West Shwegondaing Road
Bahan Township, Rangoon
May 20, 2009
The 12th waning moon of Kason, 1371 Burmese Era
Statement No 9/05/09
The leader of the National League for Democracy (NLD) and party General Secretary Daw Aung San Suu Kyi, who was being detained at her residence at No 54 University Avenue, Bahan Township, Rangoon, and whose detention was about to expire on 27 May 2009, was again charged under Article 22 of the "Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts" and tried at a Special Court inside the compound of Insein Prison beginning from 18 May 2009.
On that day, lawyers for Daw Aung San Suu Kyi requested that the administration of justice be held in open court and within the local limits of whose jurisdiction where the crime was committed. But the court rejected the application.
Article 2(e) of the State Peace and Development Council Law No 5/2000 or The Judiciary Law, 2000, clearly states that "justice shall be dispensed in open court unless otherwise prohibited by law".
Furthermore, Section 177 of the Code of Criminal Procedure, which was prepared and published in book form by the Union of Myanmar Supreme Court with regard to the jurisdiction of the courts in inquiries and trials, states that "Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed."
Section 352 of the same law also states that "The place in which any criminal Court is held for the purpose of inquiring into or trying any offense shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them".
With regard to the conduct of courts, the ruling in "1940 Rangoon, Letter-122, Government vs U Khe Mein Pa - 2" states that "Should the court be held in a prison, the responsibility of supervising and making arrangements for the general public to have access to the court lies with the presiding judge and not the prison warden. Should the prison warden opine that security is at risk, he shall refuse the holding of court in the prison."
Likewise, the Myanmar Supreme Court judgment with regard to Union of Myanmar vs Maung Shwe (alias) Maung Shay Par-2, 1966, it is ruled on Page 616 that "justice should not only be done, but should manifestly be seen to be done".
Hence, the NLD hereby declares that it strongly objects to the judicial proceedings in the case against leader of the NLD and party General Secretary Daw Aung San Suu Kyi and her companions since they do not conform to the abovementioned provisions and procedures, and demands that justice be dispensed in open court in a fair manner.
In accordance with the decision made by the Central Executive Committee and the Central Legal Assistance Committee at meetings held on 19 and 20 May 2009.
Central Executive Committee
National League for Democracy
Rangoon
UNOFFICIAL TRANSLATION
NATIONAL LEAGUE FOR DEMOCRACY
No 97/B West Shwegondaing Road
Bahan Township, Rangoon
May 20, 2009
The 12th waning moon of Kason, 1371 Burmese Era
Statement No 9/05/09
The leader of the National League for Democracy (NLD) and party General Secretary Daw Aung San Suu Kyi, who was being detained at her residence at No 54 University Avenue, Bahan Township, Rangoon, and whose detention was about to expire on 27 May 2009, was again charged under Article 22 of the "Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts" and tried at a Special Court inside the compound of Insein Prison beginning from 18 May 2009.
On that day, lawyers for Daw Aung San Suu Kyi requested that the administration of justice be held in open court and within the local limits of whose jurisdiction where the crime was committed. But the court rejected the application.
Article 2(e) of the State Peace and Development Council Law No 5/2000 or The Judiciary Law, 2000, clearly states that "justice shall be dispensed in open court unless otherwise prohibited by law".
Furthermore, Section 177 of the Code of Criminal Procedure, which was prepared and published in book form by the Union of Myanmar Supreme Court with regard to the jurisdiction of the courts in inquiries and trials, states that "Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed."
Section 352 of the same law also states that "The place in which any criminal Court is held for the purpose of inquiring into or trying any offense shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them".
With regard to the conduct of courts, the ruling in "1940 Rangoon, Letter-122, Government vs U Khe Mein Pa - 2" states that "Should the court be held in a prison, the responsibility of supervising and making arrangements for the general public to have access to the court lies with the presiding judge and not the prison warden. Should the prison warden opine that security is at risk, he shall refuse the holding of court in the prison."
Likewise, the Myanmar Supreme Court judgment with regard to Union of Myanmar vs Maung Shwe (alias) Maung Shay Par-2, 1966, it is ruled on Page 616 that "justice should not only be done, but should manifestly be seen to be done".
Hence, the NLD hereby declares that it strongly objects to the judicial proceedings in the case against leader of the NLD and party General Secretary Daw Aung San Suu Kyi and her companions since they do not conform to the abovementioned provisions and procedures, and demands that justice be dispensed in open court in a fair manner.
In accordance with the decision made by the Central Executive Committee and the Central Legal Assistance Committee at meetings held on 19 and 20 May 2009.
Central Executive Committee
National League for Democracy
Rangoon
Aung San Suu Kyi statement
This is an unofficial translation of a statement given by Aung San Suu Kyi to the court on May 14, which was released by the NLD on Wednesday.
National League for Democracy
No. 97/b, West Shwegondine Street
Bahan Township, Rangoon
May 27, 2009
Statement No. 14/05/09
(Unofficial Translation)
The following is the complete text of what Daw Aung San Suu Kyi, leader and General Secretary of National League for Democracy submitted to the court according to the section 256 of the criminal code regarding the charge against Daw Aung San Suu Kyi.
"(Start)" 1. The case described above is the case reported by Lieutenant Colonel Zaw Min Aung from Police Special Branch to the Bahan Towhship Police Station on 11-5-2009 against Daw Aung San Suu Kyi in accord with the article 22 of the 'Law to safeguard the State against the dangers of those desiring to cause subversive acts' and against Daw Khin Khin Win (f) U Tin Ohn, Ma Win Ma Ma (f) U Nyan Linn and Mr. John William Yettaw who helped her commit this crime in accord with criminal code section 109 of the article 22 of the above mentioned law.
2. I heard that Mr. John William Yettaw arrived at my house compound for the first time on 30-11-2009 from Daw Khin Khin Win who is staying together with me.
I reported this incident to the authorities through Dr. Tin Myo Win who came to my house for medical check up on 4-12-2008. Authorities did not come to me to inquire about that event. I have never heard any action of authorities against that event.
I have never been reminded to report authorities at once when some one intrudes into my house compound.
I found Mr. John William Yettaw arrived at my house compound for the second time in the morning of 4-5-2009. I told him to get out of my house compound. He told me that he would be arrested if he went out in day light so he would like to go back at night time. However, at night he requested me to allow him to stay overnight for health reason.
3. Now, a large number of my colleagues have been serving long prison terms without protection and leniency of law. Therefore, I allowed him temporary shelter due to my political concept of which I cannot force anybody into being arrested.
4. I don't care who the intruder is and what his intentions are. I just did according to my political concept. I intended to inform authorities about that intrusion on 7-5-2009 when Dr. Tin Myo Win visited me for monthly regular medical check up. However, only policemen came into my house on 7-5-2009 and Dr. Tin Myo Win was not allowed to come in.
5. When I handled incidents happened on 30th November, I carefully did it in order not to affect the intruder and soldiers who are responsible for security of my house compound, with concept of diminishing the unnecessary cases or problems. Regarding that case, it is assumed that authorities accept the way I handled it as they did not protest or criticize or do something for it.
When questioning a recalled prosecution witness, he testified that authorities and I are jointly responsible for the security of my house compound. It is totally not true.
6. I am accused of breaking the restrictions and prohibitions described in the article 22 of the 'Law to safeguard the State against the dangers of those desiring to cause subversive acts'
(a) It is very obvious that I did not breach any conditions according to the testified statements of the prosecution witnesses and evidence of the prohibitions.
(b) Prosecutors testified that restrictions (or) withdrawals of the rights were put according to the fundamental rights of the 1974 Constitution of the Socialist Republic of the Union of Burma. That constitution was collapsed or no longer viable since the very beginning day of the military coup d'état in 1988. It is not legal to put restrictions according to inactive constitution.
7. Although the real reason of this case is based on the lack of security or breach of security, no action is taken against the responsibility for the security but only I was taken charge. Therefore it is a biased action.
8. I testify that I did not commit any crime that the prosecutor accused me of. "(End)"
As per the decision of the joint meeting of the Central Executive Committee and Central Legal Assistance Team,
Central Executive Committee
National League for Democracy
Rangoon
National League for Democracy
No. 97/b, West Shwegondine Street
Bahan Township, Rangoon
May 27, 2009
Statement No. 14/05/09
(Unofficial Translation)
The following is the complete text of what Daw Aung San Suu Kyi, leader and General Secretary of National League for Democracy submitted to the court according to the section 256 of the criminal code regarding the charge against Daw Aung San Suu Kyi.
"(Start)" 1. The case described above is the case reported by Lieutenant Colonel Zaw Min Aung from Police Special Branch to the Bahan Towhship Police Station on 11-5-2009 against Daw Aung San Suu Kyi in accord with the article 22 of the 'Law to safeguard the State against the dangers of those desiring to cause subversive acts' and against Daw Khin Khin Win (f) U Tin Ohn, Ma Win Ma Ma (f) U Nyan Linn and Mr. John William Yettaw who helped her commit this crime in accord with criminal code section 109 of the article 22 of the above mentioned law.
2. I heard that Mr. John William Yettaw arrived at my house compound for the first time on 30-11-2009 from Daw Khin Khin Win who is staying together with me.
I reported this incident to the authorities through Dr. Tin Myo Win who came to my house for medical check up on 4-12-2008. Authorities did not come to me to inquire about that event. I have never heard any action of authorities against that event.
I have never been reminded to report authorities at once when some one intrudes into my house compound.
I found Mr. John William Yettaw arrived at my house compound for the second time in the morning of 4-5-2009. I told him to get out of my house compound. He told me that he would be arrested if he went out in day light so he would like to go back at night time. However, at night he requested me to allow him to stay overnight for health reason.
3. Now, a large number of my colleagues have been serving long prison terms without protection and leniency of law. Therefore, I allowed him temporary shelter due to my political concept of which I cannot force anybody into being arrested.
4. I don't care who the intruder is and what his intentions are. I just did according to my political concept. I intended to inform authorities about that intrusion on 7-5-2009 when Dr. Tin Myo Win visited me for monthly regular medical check up. However, only policemen came into my house on 7-5-2009 and Dr. Tin Myo Win was not allowed to come in.
5. When I handled incidents happened on 30th November, I carefully did it in order not to affect the intruder and soldiers who are responsible for security of my house compound, with concept of diminishing the unnecessary cases or problems. Regarding that case, it is assumed that authorities accept the way I handled it as they did not protest or criticize or do something for it.
When questioning a recalled prosecution witness, he testified that authorities and I are jointly responsible for the security of my house compound. It is totally not true.
6. I am accused of breaking the restrictions and prohibitions described in the article 22 of the 'Law to safeguard the State against the dangers of those desiring to cause subversive acts'
(a) It is very obvious that I did not breach any conditions according to the testified statements of the prosecution witnesses and evidence of the prohibitions.
(b) Prosecutors testified that restrictions (or) withdrawals of the rights were put according to the fundamental rights of the 1974 Constitution of the Socialist Republic of the Union of Burma. That constitution was collapsed or no longer viable since the very beginning day of the military coup d'état in 1988. It is not legal to put restrictions according to inactive constitution.
7. Although the real reason of this case is based on the lack of security or breach of security, no action is taken against the responsibility for the security but only I was taken charge. Therefore it is a biased action.
8. I testify that I did not commit any crime that the prosecutor accused me of. "(End)"
As per the decision of the joint meeting of the Central Executive Committee and Central Legal Assistance Team,
Central Executive Committee
National League for Democracy
Rangoon
Wednesday, May 27, 2009
Obama statement
THE WHITE HOUSE
Office of the Press Secretary_______________________________________________________________________________________FOR IMMEDIATE RELEASE
May 26, 2009
Statement by the President on Aung San Suu Kyi’s House Arrest and DetentionI call on the Burmese government to release National League for Democracy Secretary General and Nobel Peace Prize winner Aung San Suu Kyi from detention immediately and unconditionally.
I strongly condemn her house arrest and detention, which have also been condemned around the world. The United Nations Working Group on Arbitrary Detention has issued opinions affirming that the detention of Aung San Suu Kyi dating back to 2003 is arbitrary, unjustified, and in contravention of Burma’s own law, and the United Nations Security Council reaffirmed on May 22 their concern about the situation and called for the release of all political prisoners.
Aung San Suu Kyi’s continued detention, isolation, and show trial based on spurious charges cast serious doubt on the Burmese regime’s willingness to be a responsible member of the international community. This is an important opportunity for the government in Burma to demonstrate that it respects its own laws and its own people, is ready to work with the National League for Democracy and other ethnic and opposition groups, and is prepared to move toward reconciliation.
By her actions, Aung San Suu Kyi has represented profound patriotism, sacrifice, and the vision of a democratic and prosperous Burma. It is time for the Burmese government to drop all charges against Aung San Suu Kyi and unconditionally release her and her fellow political prisoners.
Such an action would be an affirmative and significant step on Burma’s part to begin to restore its standing in the eyes of the United States and the world community and to move toward a better future for its people.
Office of the Press Secretary_______________________________________________________________________________________FOR IMMEDIATE RELEASE
May 26, 2009
Statement by the President on Aung San Suu Kyi’s House Arrest and DetentionI call on the Burmese government to release National League for Democracy Secretary General and Nobel Peace Prize winner Aung San Suu Kyi from detention immediately and unconditionally.
I strongly condemn her house arrest and detention, which have also been condemned around the world. The United Nations Working Group on Arbitrary Detention has issued opinions affirming that the detention of Aung San Suu Kyi dating back to 2003 is arbitrary, unjustified, and in contravention of Burma’s own law, and the United Nations Security Council reaffirmed on May 22 their concern about the situation and called for the release of all political prisoners.
Aung San Suu Kyi’s continued detention, isolation, and show trial based on spurious charges cast serious doubt on the Burmese regime’s willingness to be a responsible member of the international community. This is an important opportunity for the government in Burma to demonstrate that it respects its own laws and its own people, is ready to work with the National League for Democracy and other ethnic and opposition groups, and is prepared to move toward reconciliation.
By her actions, Aung San Suu Kyi has represented profound patriotism, sacrifice, and the vision of a democratic and prosperous Burma. It is time for the Burmese government to drop all charges against Aung San Suu Kyi and unconditionally release her and her fellow political prisoners.
Such an action would be an affirmative and significant step on Burma’s part to begin to restore its standing in the eyes of the United States and the world community and to move toward a better future for its people.
Trial is illegal: counsel
This is a statement from Aung San Suu Kyi's legal counsel in the US, Jared Genser, detailing why Aung San Suu Kyi's trial is illegal under international as well as Burmese law-
According to news reports (e.g., below), Burmese Police Brigadier General Myint Thein claimed to journalists and diplomats attending DASSK's trial today that it could place her back under house arrest for an additional six months under Burmese law.
Helpfully, this claim has already been considered and rejected by the UNWorking Group on Arbitrary Detention, which is part of the UN Human Rights Council. See Opinion 46/2008, attached and excerpted here (above).
First, the UN concluded that the maximum a person can be held underBurma's State Protection Law is five years, not six years:"A plain reading of the 1975 State Protection Law clearly shows thatsuch extensions were only permissible until late May 2008 . . .Therefore the most recent extension on 28 May 2008 amounts to a primaefacie violation of the Union of Myanmar's own laws" (Paragraph 13).
And second, even if it hadn't reached the first conclusion, the UN also prospectively considered the junta's argument that the order restraining Ms. Suu Kyi was only issued on 28 November 2003 and that it might suggest it could keep her under house arrest an extra six months:"Nevertheless, even if such an argument were made, it would be invalid. The 1975 State Protection Law is unclear as to whether detention begins when a person is arrested or the moment that an order is issued. The act defines 'commit,' 'central board', and 'person against whom actions is taken' but not 'detain.'
It would be inconsistent with basic principles of rule of law for a detention to begin only when an order isissued under this law and not when a person's liberty or freedom of movement is restricted. Ms. Suu Kyi's movement has been forcibly restricted . . . since 30 May 2003, and [she] was due to be released, inaccordance with domestic law, no later than 30 May 2008" (Paragraph 14).
According to news reports (e.g., below), Burmese Police Brigadier General Myint Thein claimed to journalists and diplomats attending DASSK's trial today that it could place her back under house arrest for an additional six months under Burmese law.
Helpfully, this claim has already been considered and rejected by the UNWorking Group on Arbitrary Detention, which is part of the UN Human Rights Council. See Opinion 46/2008, attached and excerpted here (above).
First, the UN concluded that the maximum a person can be held underBurma's State Protection Law is five years, not six years:"A plain reading of the 1975 State Protection Law clearly shows thatsuch extensions were only permissible until late May 2008 . . .Therefore the most recent extension on 28 May 2008 amounts to a primaefacie violation of the Union of Myanmar's own laws" (Paragraph 13).
And second, even if it hadn't reached the first conclusion, the UN also prospectively considered the junta's argument that the order restraining Ms. Suu Kyi was only issued on 28 November 2003 and that it might suggest it could keep her under house arrest an extra six months:"Nevertheless, even if such an argument were made, it would be invalid. The 1975 State Protection Law is unclear as to whether detention begins when a person is arrested or the moment that an order is issued. The act defines 'commit,' 'central board', and 'person against whom actions is taken' but not 'detain.'
It would be inconsistent with basic principles of rule of law for a detention to begin only when an order isissued under this law and not when a person's liberty or freedom of movement is restricted. Ms. Suu Kyi's movement has been forcibly restricted . . . since 30 May 2003, and [she] was due to be released, inaccordance with domestic law, no later than 30 May 2008" (Paragraph 14).
Aung San Suu Kyi testifies
From the Washington Post-
May 26, 2009
Washington Post: Obama Calls for Release of Aung San Suu Kyi
By Glenn Kessler
Making his first statement on the trial of Nobel Peace Prize winner Aung San Suu Kyi, President Obama issued a stern statement late Tuesday calling on the Burmese government to release her "immediately and unconditionally.
"Burma's military government on Tuesday announced that it officially ended the six-year house arrest of Suu Kyi, the opposition leader and democracy advocate, but she remains in prison while awaiting the outcome of her trial for breach of the terms of her detention. Suu Kyi, who is accused of allowing a U.S. citizen who swam to her lakeside house to spend the night there, took the stand Tuesday and denied the charges against her.
She said she gave only "temporary shelter" to John W. Yettaw, 53, of Falcon, Mo.; she faces a term of possibly three to five years.Obama, in his statement, strongly condemned her most arrest and detention, saying it was "arbitrary, unjustified, and in contravention of Burma's own law." Suu Kyi has spent 13 of the last 19 years under detention, ever since her party won a landslide victory that the military never accepted.
The Obama administration has been conducting a high-profile review of policy toward Burma, including the effectiveness of sanctions. But the sudden trial of Suu Kyi, just as her detention was set to end, has instead inspired calls for increased sanctions."Suu Kyi's continued detention, isolation, and show trial based on spurious charges cast serious doubt on the Burmese regime's willingness to be a responsible member of the international community," Obama said, adding the government had "an important opportunity... to demonstrate that it respects its own laws and its own people."
One of Suu Kyi's lawyers had to deal with another possible legal entanglement Tuesday -- a lawsuit filed by Suu Kyi's estranged brother seeking ownership of her home, left to her by their mother. If the court rules against Suu Kyi and takes away her home, then the government could claim that she can no longer serve in home detention and must remain in prison.
May 26, 2009
Washington Post: Obama Calls for Release of Aung San Suu Kyi
By Glenn Kessler
Making his first statement on the trial of Nobel Peace Prize winner Aung San Suu Kyi, President Obama issued a stern statement late Tuesday calling on the Burmese government to release her "immediately and unconditionally.
"Burma's military government on Tuesday announced that it officially ended the six-year house arrest of Suu Kyi, the opposition leader and democracy advocate, but she remains in prison while awaiting the outcome of her trial for breach of the terms of her detention. Suu Kyi, who is accused of allowing a U.S. citizen who swam to her lakeside house to spend the night there, took the stand Tuesday and denied the charges against her.
She said she gave only "temporary shelter" to John W. Yettaw, 53, of Falcon, Mo.; she faces a term of possibly three to five years.Obama, in his statement, strongly condemned her most arrest and detention, saying it was "arbitrary, unjustified, and in contravention of Burma's own law." Suu Kyi has spent 13 of the last 19 years under detention, ever since her party won a landslide victory that the military never accepted.
The Obama administration has been conducting a high-profile review of policy toward Burma, including the effectiveness of sanctions. But the sudden trial of Suu Kyi, just as her detention was set to end, has instead inspired calls for increased sanctions."Suu Kyi's continued detention, isolation, and show trial based on spurious charges cast serious doubt on the Burmese regime's willingness to be a responsible member of the international community," Obama said, adding the government had "an important opportunity... to demonstrate that it respects its own laws and its own people."
One of Suu Kyi's lawyers had to deal with another possible legal entanglement Tuesday -- a lawsuit filed by Suu Kyi's estranged brother seeking ownership of her home, left to her by their mother. If the court rules against Suu Kyi and takes away her home, then the government could claim that she can no longer serve in home detention and must remain in prison.
Monday, May 25, 2009
Junta lashes out
From AP-
Democracy icon's trial deepens Myanmar's isolation
1 hour ago
YANGON, Myanmar (AP) — The trial of democracy icon Aung San Suu Kyi resumed Monday as Myanmar lashed out against Thailand — one of its few supporters in an international community likely to halt recent moves to improve relations with the country's military rulers.
Suu Kyi, due to testify this week, is widely expected to be found guilty for allegedly harboring an American who swam across a lake to her residence. She faces up to five years in prison.
A list of four or five defense witnesses will be submitted to the court and statements from remaining prosecution witnesses are to be heard at Monday's session inside Yangon's security-ringed Insein prison, said Nyan Win, a spokesman for Suu Kyi's political party.
Already bombarded by criticism from Western nations, the junta turned on neighboring Thailand, a partner in the 10-nation Association of Southeast Nation, or ASEAN, accusing its neighbor of violating the bloc's principle by interfering in Myanmar's internal affairs.
Thailand, the grouping's current chairman, last week expressed "grave concern" over the trial, saying "the honor and the credibility of the (Myanmar government) are at stake."
A statement from Myanmar issued Monday responded: "It is sadly noted that (Thailand) failed to preserve the dignity of ASEAN, the dignity of Myanmar and the dignity of Thailand."
Suu Kyi, who has been in detention without trial for more than 13 of the past 19 years, is being tried on charges of violating the terms of her house arrest after the uninvited American, John W. Yettaw, swam to her home earlier this month and stayed for two days. Suu Kyi pleaded not guilty Friday.
But Myanmar's courts operate under the influence of the ruling military, and almost always deal harshly with political dissidents.
The charges against her are widely seen as a pretext for the government to keep her detained during polls it has scheduled for next year as the culmination of its "roadmap to democracy," which has been criticized as a fig leaf for continued military rule. She was due to have been released from her latest term of house arrest this Wednesday.
The trial comes weeks after the European Union announced it was stepping up humanitarian aid to the impoverished country, also known as Burma, and the United States said it was reviewing its policy — including speculation that it might soften sanctions the regime says have crippled its economy.
But now the European Union is talking of introducing tougher sanctions in response to the trial and the administration of President Barack Obama has announced it will continue its economic penalties. Obama extended a state of emergency against the country after Suu Kyi's arrest. Sanctions would have expired had the emergency order not been extended.
EU External Relations Commissioner Benita Ferrero-Waldner, in Bangkok on her way to the ASEAN-EU foreign ministers meeting in Hanoi, Monday called on China and India to push for democratic change in Myanmar and welcomed ASEAN's unprecedented criticism of Myanmar.
"This was a remarkable statement. At the moment when we all hoped to see Aung San Suu Kyi released she is imprisoned again. That was of course a big negative surprise to the international community," she told reporters.
Sean Turnell, a Myanmar expert at Australia's Macquarie University, said the timing of the trial shows the junta "never misses an opportunity to miss an opportunity."
"I think there was, prior to these latest events, a strong likelihood that the U.S. and Europe positions on Burma may have softened, and that some sanctions may even have been on the table" for review, Turnell said in an e-mail interview. "The regime have now shot themselves in the foot so to speak — and anything like this would seem to be decidedly off the table now."
David Steinberg, a Myanmar specialist at Georgetown University in Washington, said there had been talk of "small steps toward easing relations" within the Obama administration. But he said a guilty verdict makes increased engagement with the ruling generals unlikely for now.
"I think they wanted to make some overtures, but this will make it far more difficult," Steinberg said of the Obama administration. "The junta needed to respond significantly as well at each step, and this would set it back."
Donors may also be less willing to fund a three-year, $700 million rebuilding plan for the Irrawaddy delta, which was devastated by a cyclone last year that killed more than 138,000 people.
No one expects a guilty verdict to spark an uprising in Myanmar against the junta after its bloody suppression of pro-democracy demonstrations in 2007, which killed at least 31 people. Hundreds more activists were sentenced to lengthy prison sentences.
Democracy icon's trial deepens Myanmar's isolation
1 hour ago
YANGON, Myanmar (AP) — The trial of democracy icon Aung San Suu Kyi resumed Monday as Myanmar lashed out against Thailand — one of its few supporters in an international community likely to halt recent moves to improve relations with the country's military rulers.
Suu Kyi, due to testify this week, is widely expected to be found guilty for allegedly harboring an American who swam across a lake to her residence. She faces up to five years in prison.
A list of four or five defense witnesses will be submitted to the court and statements from remaining prosecution witnesses are to be heard at Monday's session inside Yangon's security-ringed Insein prison, said Nyan Win, a spokesman for Suu Kyi's political party.
Already bombarded by criticism from Western nations, the junta turned on neighboring Thailand, a partner in the 10-nation Association of Southeast Nation, or ASEAN, accusing its neighbor of violating the bloc's principle by interfering in Myanmar's internal affairs.
Thailand, the grouping's current chairman, last week expressed "grave concern" over the trial, saying "the honor and the credibility of the (Myanmar government) are at stake."
A statement from Myanmar issued Monday responded: "It is sadly noted that (Thailand) failed to preserve the dignity of ASEAN, the dignity of Myanmar and the dignity of Thailand."
Suu Kyi, who has been in detention without trial for more than 13 of the past 19 years, is being tried on charges of violating the terms of her house arrest after the uninvited American, John W. Yettaw, swam to her home earlier this month and stayed for two days. Suu Kyi pleaded not guilty Friday.
But Myanmar's courts operate under the influence of the ruling military, and almost always deal harshly with political dissidents.
The charges against her are widely seen as a pretext for the government to keep her detained during polls it has scheduled for next year as the culmination of its "roadmap to democracy," which has been criticized as a fig leaf for continued military rule. She was due to have been released from her latest term of house arrest this Wednesday.
The trial comes weeks after the European Union announced it was stepping up humanitarian aid to the impoverished country, also known as Burma, and the United States said it was reviewing its policy — including speculation that it might soften sanctions the regime says have crippled its economy.
But now the European Union is talking of introducing tougher sanctions in response to the trial and the administration of President Barack Obama has announced it will continue its economic penalties. Obama extended a state of emergency against the country after Suu Kyi's arrest. Sanctions would have expired had the emergency order not been extended.
EU External Relations Commissioner Benita Ferrero-Waldner, in Bangkok on her way to the ASEAN-EU foreign ministers meeting in Hanoi, Monday called on China and India to push for democratic change in Myanmar and welcomed ASEAN's unprecedented criticism of Myanmar.
"This was a remarkable statement. At the moment when we all hoped to see Aung San Suu Kyi released she is imprisoned again. That was of course a big negative surprise to the international community," she told reporters.
Sean Turnell, a Myanmar expert at Australia's Macquarie University, said the timing of the trial shows the junta "never misses an opportunity to miss an opportunity."
"I think there was, prior to these latest events, a strong likelihood that the U.S. and Europe positions on Burma may have softened, and that some sanctions may even have been on the table" for review, Turnell said in an e-mail interview. "The regime have now shot themselves in the foot so to speak — and anything like this would seem to be decidedly off the table now."
David Steinberg, a Myanmar specialist at Georgetown University in Washington, said there had been talk of "small steps toward easing relations" within the Obama administration. But he said a guilty verdict makes increased engagement with the ruling generals unlikely for now.
"I think they wanted to make some overtures, but this will make it far more difficult," Steinberg said of the Obama administration. "The junta needed to respond significantly as well at each step, and this would set it back."
Donors may also be less willing to fund a three-year, $700 million rebuilding plan for the Irrawaddy delta, which was devastated by a cyclone last year that killed more than 138,000 people.
No one expects a guilty verdict to spark an uprising in Myanmar against the junta after its bloody suppression of pro-democracy demonstrations in 2007, which killed at least 31 people. Hundreds more activists were sentenced to lengthy prison sentences.
China, Russia blocking action
From the Democratic Voice of Burma-
China and Russia veto ‘denies’ Burma progress
May 25, 2009 (DVB)–China and Russia’s power of veto in the United Nations Security Council has impeded pressure on progress towards democracy in Burma, said an exiled government official reacting to a UN statement on Burma last week.
On Thursday the UN Security Council (UNSG) released a press statement “expressing concern about the political impact of recent developments relating to Daw Aung San Suu Kyi”.
The statement was read out by the current UNSG president, Vitaly Churkin of Russia.
Russia currently holds the revolving chair of the UNSG.
Critics of the Burmese government, who hold close ties with Russia, have said that the statement is rhetorically too soft in its demand for Suu Kyi’s release.
“We all have seen Russia, throughout time, clinging onto a belief that human rights violations and other issues about Burma are not the Security Council’s concern,” said Dr Thaung Htun, National Coalition Government of the Union of Burma’s (NCGUB) representative to the UN.
The NCGUB is coalition of Burmese political parties, including Suu Kyi’s National League for Democracy, based in the United States.
“Our…agenda regarding Burma is not reaching point (sic.) it is supposed to due to denial by China and Russia; the two nations that hold veto power whenever it comes to that,” he said.
China, a key trading partner with Burma and widely regarded as the ruling junta’s closest ally, has so far refused to intervene in the Suu Kyi trial.
“[Burma’s] issue should be decided by the people of [Burma],” said Chinese Foreign Ministry spokesman Ma Zhaoxu last week.
Thaung Htun added that he was still waiting for the UNSG to come up with a “solid decision” regarding Suu Kyi’s trial.
Reporting by Htet Aung Kyaw
China and Russia veto ‘denies’ Burma progress
May 25, 2009 (DVB)–China and Russia’s power of veto in the United Nations Security Council has impeded pressure on progress towards democracy in Burma, said an exiled government official reacting to a UN statement on Burma last week.
On Thursday the UN Security Council (UNSG) released a press statement “expressing concern about the political impact of recent developments relating to Daw Aung San Suu Kyi”.
The statement was read out by the current UNSG president, Vitaly Churkin of Russia.
Russia currently holds the revolving chair of the UNSG.
Critics of the Burmese government, who hold close ties with Russia, have said that the statement is rhetorically too soft in its demand for Suu Kyi’s release.
“We all have seen Russia, throughout time, clinging onto a belief that human rights violations and other issues about Burma are not the Security Council’s concern,” said Dr Thaung Htun, National Coalition Government of the Union of Burma’s (NCGUB) representative to the UN.
The NCGUB is coalition of Burmese political parties, including Suu Kyi’s National League for Democracy, based in the United States.
“Our…agenda regarding Burma is not reaching point (sic.) it is supposed to due to denial by China and Russia; the two nations that hold veto power whenever it comes to that,” he said.
China, a key trading partner with Burma and widely regarded as the ruling junta’s closest ally, has so far refused to intervene in the Suu Kyi trial.
“[Burma’s] issue should be decided by the people of [Burma],” said Chinese Foreign Ministry spokesman Ma Zhaoxu last week.
Thaung Htun added that he was still waiting for the UNSG to come up with a “solid decision” regarding Suu Kyi’s trial.
Reporting by Htet Aung Kyaw
Saturday, May 23, 2009
Upbeat view on UNSC statement
From Voice of America-
This piece seems more upbeat on the UNSC than this blogger - see comments on the last post. I think she's missing the point. Its about what this statement doesn't say that's important.
UN Security Council Urges Burma to Release All Political Prisoners
By Margaret Besheer The United Nations
22 May 2009
UN Security Council, (file photo)The U.N. Security Council has called for the release of all political prisoners in Burma, including opposition leader Aung San Suu Kyi, and expressed its concern over her recent trial.
In a unanimous statement, the 15-council members expressed their concern about the "political impact" of the trial of Aung San Suu Kyi charging her with violating the terms of her house arrest.The council also repeated its call for the release of all political prisoners in Burma - which is also known as Myanmar. The council also called on Burma's military regime to create the necessary conditions for a genuine dialogue with all concerned parties and ethnic groups to achieve an inclusive national reconciliation.
John Sawers, the United Kingdom's Ambassador to the UN, (File)British Ambassador John Sawers said it is "inconceivable" that Aung San Suu Kyi's trial and imprisonment could in anyway contribute to achieving a genuine national reconciliation.
"It is inconceivable that the trial and imprisonment of Daw Aung San Suu Kyi could in anyway contribute to that. She is the most prominent of the opposition leaders in Myanmar and she heads the party which won the only credible elections in recent memory in Myanmar, and the regime needs to come to terms with that. They are failing to do so," he said.
He said the council's unanimous call for the release of all political prisoners is very pointed, especially when the most prominent of all those prisoners - Aung San Suu Kyi - is on trial on charges which he said "stand no credibility."
U.S. envoy Rosemary DiCarlo said the council needed to speak with one voice on this issue and it did, saying countries which do not normally want to comment on this issue did. Russia and China are two prominent council members that are close to Burma's leadership and often avoid criticizing it.
Burmese opposition leader Aung San Suu Kyi has pleaded not guilty to charges that she violated the terms of her house arrest.
The charges stem from an incident earlier this month in which an American man swam to her lakeside residence and stayed there for two days. Her lawyers say she asked him to leave, but that he was too exhausted and ill to swim back.Critics say Burma's military leaders want to keep the pro-democracy leader in detention and away from next year's elections.
The Nobel Prize laureate has been under house arrest for 13 of the past 19 years. With these new charges she could face another five-year detention term.
This piece seems more upbeat on the UNSC than this blogger - see comments on the last post. I think she's missing the point. Its about what this statement doesn't say that's important.
UN Security Council Urges Burma to Release All Political Prisoners
By Margaret Besheer The United Nations
22 May 2009
UN Security Council, (file photo)The U.N. Security Council has called for the release of all political prisoners in Burma, including opposition leader Aung San Suu Kyi, and expressed its concern over her recent trial.
In a unanimous statement, the 15-council members expressed their concern about the "political impact" of the trial of Aung San Suu Kyi charging her with violating the terms of her house arrest.The council also repeated its call for the release of all political prisoners in Burma - which is also known as Myanmar. The council also called on Burma's military regime to create the necessary conditions for a genuine dialogue with all concerned parties and ethnic groups to achieve an inclusive national reconciliation.
John Sawers, the United Kingdom's Ambassador to the UN, (File)British Ambassador John Sawers said it is "inconceivable" that Aung San Suu Kyi's trial and imprisonment could in anyway contribute to achieving a genuine national reconciliation.
"It is inconceivable that the trial and imprisonment of Daw Aung San Suu Kyi could in anyway contribute to that. She is the most prominent of the opposition leaders in Myanmar and she heads the party which won the only credible elections in recent memory in Myanmar, and the regime needs to come to terms with that. They are failing to do so," he said.
He said the council's unanimous call for the release of all political prisoners is very pointed, especially when the most prominent of all those prisoners - Aung San Suu Kyi - is on trial on charges which he said "stand no credibility."
U.S. envoy Rosemary DiCarlo said the council needed to speak with one voice on this issue and it did, saying countries which do not normally want to comment on this issue did. Russia and China are two prominent council members that are close to Burma's leadership and often avoid criticizing it.
Burmese opposition leader Aung San Suu Kyi has pleaded not guilty to charges that she violated the terms of her house arrest.
The charges stem from an incident earlier this month in which an American man swam to her lakeside residence and stayed there for two days. Her lawyers say she asked him to leave, but that he was too exhausted and ill to swim back.Critics say Burma's military leaders want to keep the pro-democracy leader in detention and away from next year's elections.
The Nobel Prize laureate has been under house arrest for 13 of the past 19 years. With these new charges she could face another five-year detention term.
China wins in UNSC
From the United Nations Security Council (press statement)-
This statement should be seen in light of the unwillingness of Russia and China to call specifically for the release of Aung San Suu Kyi. As noted in a previous Breaking News post on this site, China is known behind the scenes to have been digging in its heels on this point. Clearly, its a victory for Beijing. Looks like the UNSC bought unity at the price of detail, perhaps, some might say, at the price of substance.
Another issue worth thinking about is how are political prisoners defined? In the event of some sort of amnesty, who has the final say about who is released and who is not?
SECURITY COUNCIL PRESS STATEMENT ON MYANMAR
The following Security Council press statement on Myanmar was read out today by Council President Vitaly Churkin ( Russian Federation):
The members of the Security Council express their concern about the political impact of recent developments relating to Daw Aung San Suu Kyi.
The members of the Security Council reaffirm, in this context, their statements of 11 October 2007 and 2 May 2008 and, in this regard, reiterate the importance of the release of all political prisoners.
The members of the Security Council reiterate the need for the Government of Myanmar to create the necessary conditions for a genuine dialogue with Daw Aung San Suu Kyi and all concerned parties and ethnic groups in order to achieve an inclusive national reconciliation with the support of the United Nations.
The members of the Security Council affirm their commitment to the sovereignty and territorial integrity of Myanmar and, in that context, reiterate that the future of Myanmar lies in the hands of all of its people.
This statement should be seen in light of the unwillingness of Russia and China to call specifically for the release of Aung San Suu Kyi. As noted in a previous Breaking News post on this site, China is known behind the scenes to have been digging in its heels on this point. Clearly, its a victory for Beijing. Looks like the UNSC bought unity at the price of detail, perhaps, some might say, at the price of substance.
Another issue worth thinking about is how are political prisoners defined? In the event of some sort of amnesty, who has the final say about who is released and who is not?
SECURITY COUNCIL PRESS STATEMENT ON MYANMAR
The following Security Council press statement on Myanmar was read out today by Council President Vitaly Churkin ( Russian Federation):
The members of the Security Council express their concern about the political impact of recent developments relating to Daw Aung San Suu Kyi.
The members of the Security Council reaffirm, in this context, their statements of 11 October 2007 and 2 May 2008 and, in this regard, reiterate the importance of the release of all political prisoners.
The members of the Security Council reiterate the need for the Government of Myanmar to create the necessary conditions for a genuine dialogue with Daw Aung San Suu Kyi and all concerned parties and ethnic groups in order to achieve an inclusive national reconciliation with the support of the United Nations.
The members of the Security Council affirm their commitment to the sovereignty and territorial integrity of Myanmar and, in that context, reiterate that the future of Myanmar lies in the hands of all of its people.
Friday, May 22, 2009
Regime's plot theory, Japan's concerns
From Mizzima-
Junta denies framing case against Suu Kyi
by Mizzima News
Friday, 22 May 2009 15:26
Chiang Mai (Mizzima) – Burma's Foreign Minister, Nyan Win, has denied allegations that the regime has framed its case against Aung San Suu Kyi, arguing instead that it was the synchronized foul play of the opposition forces that has resulted in the current trial.
"We are trying to restore constructive engagement with the outside world, including the U.S., Japan and E.U. At this crucial time, some opposition forces at home and abroad might try to sabotage and derail this work of constructive engagement with the international community with an intention of bringing back international pressure on Myanmar [Burma]. This [the situation surrounding the trial] may be the synchronized foul play of these elements," the state-run New Light of Myanmar reported today in citing the Foreign Minister.
It was the junta's first public announcement denying allegations of framing the case against Aung San Suu Kyi with the intention of prolonging her detention and barring her from contesting the upcoming 2010 election. Additionally, according to the paper, Nyan Win and his Japanese counterpart, Foreign Minister Hiro Fumi Nakasone, talked over the phone on May 18th, the first day of Aung San Suu Kyi's court hearing.
The paper reported that the Japanese Foreign Minister expressed his worries over Aung San Suu Kyi's trial, saying he was concerned over the successful holding of the 2010 general election and the negative effect on the junta's image that this case may have in the international community.
"Though it is the judicial process of Burma, we urge you to take into consideration the opinions of the international community and to take action in a more appropriate way," Nakasone reportedly told Nyan Win according to the state-run daily. "Moreover, it is a crucial time for the transition to democracy in Burma, so that this democratization process should be made respectable to the international community too".
Aung San Suu Kyi’s present term of house arrest is set to expire on May 27th, after six consecutive years of detention, and cannot again be extended according to existing Burmese law.The New Light of Myanmar added that Nyan Win gave his assurances that the trial would be conducted within the framework of the law.
Junta denies framing case against Suu Kyi
by Mizzima News
Friday, 22 May 2009 15:26
Chiang Mai (Mizzima) – Burma's Foreign Minister, Nyan Win, has denied allegations that the regime has framed its case against Aung San Suu Kyi, arguing instead that it was the synchronized foul play of the opposition forces that has resulted in the current trial.
"We are trying to restore constructive engagement with the outside world, including the U.S., Japan and E.U. At this crucial time, some opposition forces at home and abroad might try to sabotage and derail this work of constructive engagement with the international community with an intention of bringing back international pressure on Myanmar [Burma]. This [the situation surrounding the trial] may be the synchronized foul play of these elements," the state-run New Light of Myanmar reported today in citing the Foreign Minister.
It was the junta's first public announcement denying allegations of framing the case against Aung San Suu Kyi with the intention of prolonging her detention and barring her from contesting the upcoming 2010 election. Additionally, according to the paper, Nyan Win and his Japanese counterpart, Foreign Minister Hiro Fumi Nakasone, talked over the phone on May 18th, the first day of Aung San Suu Kyi's court hearing.
The paper reported that the Japanese Foreign Minister expressed his worries over Aung San Suu Kyi's trial, saying he was concerned over the successful holding of the 2010 general election and the negative effect on the junta's image that this case may have in the international community.
"Though it is the judicial process of Burma, we urge you to take into consideration the opinions of the international community and to take action in a more appropriate way," Nakasone reportedly told Nyan Win according to the state-run daily. "Moreover, it is a crucial time for the transition to democracy in Burma, so that this democratization process should be made respectable to the international community too".
Aung San Suu Kyi’s present term of house arrest is set to expire on May 27th, after six consecutive years of detention, and cannot again be extended according to existing Burmese law.The New Light of Myanmar added that Nyan Win gave his assurances that the trial would be conducted within the framework of the law.
US Senate passes resolution
From Michele Bohana-
Press Release: Sen. McConnell - Senate Passes Burma Resolution
It appears the Burmese regime will do anything to consolidate its grip on power
WASHINGTON, D.C. - U.S. Senate Republican Leader Mitch McConnell made the following statement on Thursday on passage of a Senate Resolution on Burma, which condemns the actions of the Burmese State Peace and Development Council against Aung San Suu Kyi and calls for the immediate and unconditional release of Suu Kyi:“This resolution reflects the United States Senate’s unequivocal condemnation of the show trial currently being conducted by Burmese officials against Nobel Peace Prize Laureate Aung San Suu Kyi.
“It is bad enough that Suu Kyi has been imprisoned for 13 of the past 19 years. Now the Burmese regime, the State Peace and Development Council, has come up with the flimsiest of pretexts to try to detain her further. It appears the Burmese regime will do anything to consolidate its grip on power. “One suspects that the regime wants Suu Kyi behind bars at least until elections under its sham constitution are held in 2010.
“I am gratified that this resolution reflects the strong, bipartisan view of the Senate on this matter. This resolution, which was authored by Senator Gregg, is cosponsored by Senators Feinstein, Durbin, McCain, Brownback, Lieberman, Collins, Bennett, Bond and me. It is also cosponsored by the Chairman and Ranking Member of the Senate Foreign Relations Committee, Senators Kerry and Lugar.
A clearer signal from this chamber about Suu Kyi could hardly be sent.“As I noted earlier in the week, the members of the Senate have been and will continue to monitor the trial of Suu Kyi with deep concern.”
Press Release: Sen. McConnell - Senate Passes Burma Resolution
It appears the Burmese regime will do anything to consolidate its grip on power
WASHINGTON, D.C. - U.S. Senate Republican Leader Mitch McConnell made the following statement on Thursday on passage of a Senate Resolution on Burma, which condemns the actions of the Burmese State Peace and Development Council against Aung San Suu Kyi and calls for the immediate and unconditional release of Suu Kyi:“This resolution reflects the United States Senate’s unequivocal condemnation of the show trial currently being conducted by Burmese officials against Nobel Peace Prize Laureate Aung San Suu Kyi.
“It is bad enough that Suu Kyi has been imprisoned for 13 of the past 19 years. Now the Burmese regime, the State Peace and Development Council, has come up with the flimsiest of pretexts to try to detain her further. It appears the Burmese regime will do anything to consolidate its grip on power. “One suspects that the regime wants Suu Kyi behind bars at least until elections under its sham constitution are held in 2010.
“I am gratified that this resolution reflects the strong, bipartisan view of the Senate on this matter. This resolution, which was authored by Senator Gregg, is cosponsored by Senators Feinstein, Durbin, McCain, Brownback, Lieberman, Collins, Bennett, Bond and me. It is also cosponsored by the Chairman and Ranking Member of the Senate Foreign Relations Committee, Senators Kerry and Lugar.
A clearer signal from this chamber about Suu Kyi could hardly be sent.“As I noted earlier in the week, the members of the Senate have been and will continue to monitor the trial of Suu Kyi with deep concern.”
Yettaw her boyfriend says SPDC official
From Earthtimes-
Hong Kong - Myanmar's consulate in Hong Kong on Friday posted a mocking online message suggesting the US national caught visiting detained opposition leader Aung San Suu Kyi might have been a "boy friend."The message, headed Secret Agent or Boy Friend?, was posted on the consulate's website and signed by the consulate general of the Union of Myanmar.
"Dear readers," it said. "Some of our friends inquired about an American, who swam into the Inya Lake, who secretly visited Daw Aung San Suu Kyi's house. Their question is why he swam to her and what they discussed within his stay at her house.
"Dear friends. Frankly, we have no idea whether he is either secret agent or her boy friend at this moment. We shall try to learn it and tell you later."
The message was posted at a time when Suu Kyi is on trial at Yangon's Insein Prison over the mysterious visit by John Yettaw, who is accused of swimming across the lake May 3 to her house.
Suu Kyi's attorney said Yettaw was uninvited, but Sui Kyi was arrested for allegedly breaching the terms of her house arrest by allowing Yettaw to stay until May 6.
Her trial, which began Monday, has been condemned internationally as a ploy to keep the opposition leader detained. The 1991 Nobel Peace Prize laureate has been detained for 13 of the past 19 years, and her latest six years under detention is due to expire Wednesday.
It is not known who wrote the message about Suu Kyi on the consulate's website, but it was suspected to be the work of Myanmar's controversial consul general to Hong Kong, Ye Myint Aung.
Earlier this year, Ye Myint Aung sent out letters to fellow diplomats in the former British colony describing the boat people from the Rohingya ethnic minority attempting to flee Myanmar and denied citizenship there as being "ugly as ogres."
Hong Kong - Myanmar's consulate in Hong Kong on Friday posted a mocking online message suggesting the US national caught visiting detained opposition leader Aung San Suu Kyi might have been a "boy friend."The message, headed Secret Agent or Boy Friend?, was posted on the consulate's website and signed by the consulate general of the Union of Myanmar.
"Dear readers," it said. "Some of our friends inquired about an American, who swam into the Inya Lake, who secretly visited Daw Aung San Suu Kyi's house. Their question is why he swam to her and what they discussed within his stay at her house.
"Dear friends. Frankly, we have no idea whether he is either secret agent or her boy friend at this moment. We shall try to learn it and tell you later."
The message was posted at a time when Suu Kyi is on trial at Yangon's Insein Prison over the mysterious visit by John Yettaw, who is accused of swimming across the lake May 3 to her house.
Suu Kyi's attorney said Yettaw was uninvited, but Sui Kyi was arrested for allegedly breaching the terms of her house arrest by allowing Yettaw to stay until May 6.
Her trial, which began Monday, has been condemned internationally as a ploy to keep the opposition leader detained. The 1991 Nobel Peace Prize laureate has been detained for 13 of the past 19 years, and her latest six years under detention is due to expire Wednesday.
It is not known who wrote the message about Suu Kyi on the consulate's website, but it was suspected to be the work of Myanmar's controversial consul general to Hong Kong, Ye Myint Aung.
Earlier this year, Ye Myint Aung sent out letters to fellow diplomats in the former British colony describing the boat people from the Rohingya ethnic minority attempting to flee Myanmar and denied citizenship there as being "ugly as ogres."
Pictures from Day 4
AP pictures taken Day 4 (Thursday May 21). Note the NLD's U Win Tin with the black glasses near the front in the lower picture, along with other Aung San Suu Kyi supporters near the entrance to Insein Prison.
The shot above is from the front of the NLD offices in Rangoon.
Yettaw a pro-democracy plot says regime
From AP-
Latest in a long line of "you must be kidding" moments
Myanmar: Suu Kyi visitor was anti-government plot
39 minutes ago
YANGON, Myanmar (AP) — Myanmar's junta alleged Friday that anti-government forces engineered an American's illegal visit to the house of pro-democracy leader Aung San Suu Kyi to embarrass the government and aggravate its relations with the West.
Authorities detained John W. Yettaw after he left Suu Kyi's heavily guarded compound earlier this month and charged the Nobel peace laureate with violating terms of her house arrest by allowing the American to stay at her home without official permission.
The offense is punishable by up to five years' imprisonment. Her trial began Monday.
Responding to anger abroad over the trial, Myanmar's Foreign Minister U Nyan Win was quoted in the New Light of Myanmar as telling his Japanese counterpart that the Yettaw incident was manufactured by internal and external anti-government forces — a term usually referring to pro-democracy groups.
At a time when the United States, Japan and the European Union were reviewing their policies toward Myanmar, Nyan Win said "it was likely that this incident was trumped up to intensify international pressure on Myanmar by internal and external anti-government elements who do not wish to see the positive changes in those countries' policies toward Myanmar," the paper said.
The paper reported that Japanese Foreign Minister Hirofumi Nakasone called on May 18 to express his concern about Suu Kyi's trial.
Critics have accused the junta of using Yettaw's visit as a pretext to keeping Suu Kyi in detention through polls scheduled for next year — the culmination of the junta's "roadmap to democracy," which has been criticized as a fig leaf for continued military rule.
Suu Kyi, who is being held at the infamous Insein Prison along with scores of other political prisoners, had been scheduled to be freed May 27 after six consecutive years under house arrest. She has been in detention without trial for more than 13 of the past 19 years.
Suu Kyi is standing trial with two female members of her party who live with her, and Yettaw, the American man who triggered the charges by swimming across a lake to Suu Kyi's property under the cover of darkness earlier this month and sneaking uninvited into her home.
Suu Kyi's lawyers have said she asked Yettaw to leave, but allowed him to stay for two days after he said he was too tired and ill to immediately swim back across the lake.
The trial this week has mostly focused on the motives and methods of Yettaw, a part-time contractor from Falcon, Missouri. The trial was briefly opened to reporters and diplomats Wednesday but otherwise has been closed.
On Thursday, the prosecution showed a video said to have been shot by Yettaw at Suu Kyi's house during his latest visit, according to one of her lawyers, Nyan Win. The video had a voice-over, apparently by Yettaw, which was translated into the Myanmar language in the courtroom.
"The video taken by Mr. Yettaw showed the portrait of Gen. Aung San (Myanmar's independence hero and Suu Kyi's father), a bookshelf and Mr. Yettaw himself standing in front of the portrait of Gen. Aung San.
"He was saying he is now in Yangon, at Aung San Suu Kyi's house and that he asked permission to film Aung San Suu Kyi but she refused. 'She looked nervous and I am sorry for that,' he was saying that, in his video," Nyan Win told reporters.
On Wednesday, 23 objects seized from Suu Kyi's house were presented as evidence, the most striking items being two black cloaks or robes described as being of a type worn by Muslim women, along with scarves to cover the face, two long skirts, and sunglasses.
Clearly implying that they could be used in an escape attempt, the prosecutor asked the police officer who seized the items whether "If a person wears this woman's Muslim dress and sunglasses, will you be able to identify the person?" The officer replied "No.'
Yettaw on Wednesday also offered the first public clue to the motive for his actions, suggesting in a courtroom exchange that he had a premonition someone would try to kill the pro-democracy leader, according to Nyan Win, who attended the proceedings.
His wife, Betty Yettaw, has said her husband wanted to talk to Suu Kyi as part of his research on forgiveness and resilience.
Latest in a long line of "you must be kidding" moments
Myanmar: Suu Kyi visitor was anti-government plot
39 minutes ago
YANGON, Myanmar (AP) — Myanmar's junta alleged Friday that anti-government forces engineered an American's illegal visit to the house of pro-democracy leader Aung San Suu Kyi to embarrass the government and aggravate its relations with the West.
Authorities detained John W. Yettaw after he left Suu Kyi's heavily guarded compound earlier this month and charged the Nobel peace laureate with violating terms of her house arrest by allowing the American to stay at her home without official permission.
The offense is punishable by up to five years' imprisonment. Her trial began Monday.
Responding to anger abroad over the trial, Myanmar's Foreign Minister U Nyan Win was quoted in the New Light of Myanmar as telling his Japanese counterpart that the Yettaw incident was manufactured by internal and external anti-government forces — a term usually referring to pro-democracy groups.
At a time when the United States, Japan and the European Union were reviewing their policies toward Myanmar, Nyan Win said "it was likely that this incident was trumped up to intensify international pressure on Myanmar by internal and external anti-government elements who do not wish to see the positive changes in those countries' policies toward Myanmar," the paper said.
The paper reported that Japanese Foreign Minister Hirofumi Nakasone called on May 18 to express his concern about Suu Kyi's trial.
Critics have accused the junta of using Yettaw's visit as a pretext to keeping Suu Kyi in detention through polls scheduled for next year — the culmination of the junta's "roadmap to democracy," which has been criticized as a fig leaf for continued military rule.
Suu Kyi, who is being held at the infamous Insein Prison along with scores of other political prisoners, had been scheduled to be freed May 27 after six consecutive years under house arrest. She has been in detention without trial for more than 13 of the past 19 years.
Suu Kyi is standing trial with two female members of her party who live with her, and Yettaw, the American man who triggered the charges by swimming across a lake to Suu Kyi's property under the cover of darkness earlier this month and sneaking uninvited into her home.
Suu Kyi's lawyers have said she asked Yettaw to leave, but allowed him to stay for two days after he said he was too tired and ill to immediately swim back across the lake.
The trial this week has mostly focused on the motives and methods of Yettaw, a part-time contractor from Falcon, Missouri. The trial was briefly opened to reporters and diplomats Wednesday but otherwise has been closed.
On Thursday, the prosecution showed a video said to have been shot by Yettaw at Suu Kyi's house during his latest visit, according to one of her lawyers, Nyan Win. The video had a voice-over, apparently by Yettaw, which was translated into the Myanmar language in the courtroom.
"The video taken by Mr. Yettaw showed the portrait of Gen. Aung San (Myanmar's independence hero and Suu Kyi's father), a bookshelf and Mr. Yettaw himself standing in front of the portrait of Gen. Aung San.
"He was saying he is now in Yangon, at Aung San Suu Kyi's house and that he asked permission to film Aung San Suu Kyi but she refused. 'She looked nervous and I am sorry for that,' he was saying that, in his video," Nyan Win told reporters.
On Wednesday, 23 objects seized from Suu Kyi's house were presented as evidence, the most striking items being two black cloaks or robes described as being of a type worn by Muslim women, along with scarves to cover the face, two long skirts, and sunglasses.
Clearly implying that they could be used in an escape attempt, the prosecutor asked the police officer who seized the items whether "If a person wears this woman's Muslim dress and sunglasses, will you be able to identify the person?" The officer replied "No.'
Yettaw on Wednesday also offered the first public clue to the motive for his actions, suggesting in a courtroom exchange that he had a premonition someone would try to kill the pro-democracy leader, according to Nyan Win, who attended the proceedings.
His wife, Betty Yettaw, has said her husband wanted to talk to Suu Kyi as part of his research on forgiveness and resilience.
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