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.
Tuesday, June 30, 2009
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.
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