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