Ostensible verdict against Aung San Suu Kyi

by Tint Swe

Mizzima News - If a ruling of a court is called a verdict, it has to be called a legal judgment and the judgment has to be made by a judge. So far it seems ostensibly fine with the verdict announced on October 2 in Rangoon. However a judge is not a judge and the law is not law at all in military ruled Burma. A judge has to read out the pre-written decision from higher authorities. The law is what comes out of the mouth of military officers.

When Aung San Suu Kyi’s appeal was rejected, no one was surprised. But the legal team of Daw Suu was disappointed because the legal argument read out by the divisional judge was contrary to the true sense of law. The court accepted the argument of non-existence of the 1974 constitution but referred to the 1975 provision which is based on that nullified 1974 constitution. The township level court’s decision of last month was said to be partly wrong according to the divisional court. But the divisional judge said it was partially right. So the legal system in Burma is partial and prejudiced.

The entire month before the news regarding Burma showed of different tones by allowing Americans to visit and meet two top leaders – one none-other-then the Senior General himself and one the icon of pro-democracy struggle Aung San Suu Kyi. The professional staff of the Congressmen met NLD representatives. The foreign minister was also allowed to visit from New York to Washington, DC and a minister met senior US officials from the State department. All followed by the release of an American intruder who was obviously guilty.

The guilt-ridden foreigner was freed and innocent citizen of the country were unjustly punished. The punishment for an innocent person is an additional example of the regime showing tolerance to foreigners while it is total fanaticism for the people of its own country. It was not in accordance with the law but purely a political decision.

Since General Ne Win who governed Burma for 26 years and gave birth of dictatorial rule by the Burmese Army was portrayed as a xenophobic. Now this regime becomes obsessive to foreigners and clinically it is termed as a bipolar disorder.

The substance or lesson from this episode is that underestimation of the true nature of the regime should not be repeated by the international community.

The rejection of appeal came about a couple of days after Aung San Suu Kyi wrote an important letter to the Senior General, the sole decision maker Than Shwe. Her letter was a request cum proposal on how to deal with western sanctions. The sanctions are what the junta desperately wanted to be lifted. In 2007, the General hinted that he could engage in dialogue with Aung San Suu Kyi if she dropped calling for sanctions and abandoning confrontation. As a matter of fact Aung San Suu Kyi has been calling for national reconciliation. Now she officially and publically said she was serious about lifting the sanctions.

But the Rangoon divisional court was ordered to turn down the appeal. So it is evident that the regime wants neither sanctions nor Aung San Suu Kyi. Meanwhile the regime will float the sanction issue. But they will not make any serious change to be able to lift sanctions. As the section of the west is too theoretical rather than practical, the junta may collect some aid. However small, it is just fine for them. For the military rulers the assistance from World Bank, IMF and ADB are not real wants like the successful roadmap.

The United Nations, the Secretary General, the General Assembly, the Security Council continued annual routine calls for the release of Aung San Suu Kyi. Habitually Russia and China continued blocking the strong statements at the UN. The ASEAN bloc stepped back from letter writing campaign for her release.

The UN diplomats politely commented that the junta missed the opportunity to prove its commitment in holding inclusive elections next year. In fact, for generals, it was not regarded as opportunity but the hurdle to overcome as in a military training. They are also prepared to pass through all hurdles before 2010 election. As long as all veto powers at UNSC do not change their minds, as long as neighbours maintain controversial non-interference and if the oppressed people of Burma can’t flex its muscles though feeble, dictatorial control will remain as it is.

(The author Dr. Tint Swe is the elected Member of Parliament and the Information Minister of the exiled government National Coalition Government of the Union of Burma or NCGUB)

Burma Newscasts - Ostensible verdict against Aung San Suu Kyi
Monday, 05 October 2009 13:00

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US embassy to put up lawyers for detained citizen

by Mungpi

New Delhi (Mizzima) – The US embassy in Rangoon has got in touch with lawyers to defend its detained citizen, Aung Kyaw Zaw, arrested on arrival in the former Burmese capital’s international airport on September 3.

Kyi Win, a high court advocate, on Friday told Mizzima that he was contacted by the US embassy to defend Aung Kyaw Zaw (alias) Nyi Nyi Aung, currently detained in Rangoon’s notorious Insein prison.

“The embassy contacted us to defend him and offered us a fee equivalent to the amount paid to the lawyer they had hired for John William Yettaw. But we said we are willing to provide ‘Pro Bono’ [free of charge] service,” Kyi Win said.

Kyi Win said the embassy had contacted him and his colleague Nyan Win, with whom he teamed up to defend detained opposition leader Aung San Suu Kyi, to take up Nyi Nyi Aung’s case.

Both Kyi Win and Nyan Win are advocates practicing in the high court.

“I don’t know if Nyi Nyi Aung has been charged yet. I am yet to receive a reply from the embassy,” Kyi Win said.

While it is still not clear whether he has been charged and on what grounds, a report in the state-run media the New Light of Myanmar newspaper last week accused Nyi Nyi Aung of trying to instigate civil unrest in cahoots with underground activists inside Burma.

The report also accused Nyi Nyi Aung of working together with several Burmese organizations in exile including the Forum for Democracy in Burma (FDB), the Student and Youth Congress of Burma (SYCB) and alleged that he had provided financial assistance to activists inside the country.

Nyi Nyi Aung was a student activist and was involved in the 1988 student-led uprising. He along with several other students fled to Thailand in the wake of the military crackdown on protesters. Later he was resettled in United States from Thailand and was naturalized as a US citizen.

Nyi Nyi Aung holds a valid US passport and had a legal social visit Visa to Burma. He flew from Bangkok to Rangoon on September 3 on a TG flight.

Since his arrest, Nyi Nyi Aung was taken to several interrogation centres, where he allegedly endured torture. He was finally taken to the Insein prison. The US embassy spokesman said, Nyi Nyi Aung had complained of ill-treatment during their meeting.

Burma Newscasts - US embassy to put up lawyers for detained citizen
Friday, 02 October 2009 21:28

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Monks harassed by authorities

(DVB)–Monks living in a Rangoon monastery were harassed by authorities last week after accepting food donations from opposition party members given to mark Martyrs’ Day in Burma.

Around 20 officials from Thingangyun township authority in Rangoon arrived at the monastery in Laydauntkan ward where monks had received meals from National League for Democracy (NLD) members, a traditional way to celebrate Martyrs’ Day each year on 19 June.

According to NLD member Naw Ohn Hla, the officials “said intimidating words” to the monks and told them to report future donations to township authorities.

“They issued warnings and interrogated them,” she said. “They asked the monks how the offerings were made, how they were blessed with water, what kind of clothes were worn.”

Authorities threatened to seal off the monastery as had been famously done to Maggin monastery during the September 2007 monk-led uprising.

Monastery abbot, U Kumara, reportedly replied that his monastery had no “complicated matters” like Maggin, but was told by authorities that he had been “tainted with a black spot”.

Ohn Hla was among the 21 NLD members arrested and briefly detained whilst returning from Martyrs’ Mausoleum on Sunday.

“They told us not to wear clothes with [the pictures of] General Aung San,” she said. “When we headed towards the museum, they arrested us on the way.”

A number of those detained were “beaten up severely” and thrown into a van, she said.

Reporting by Naw Noreen

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Burmese Army orders civilians to pay cash gifts at wedding

By Takaloo, Rathidaung (Narinjara): The Burmese Army based in Rathidaung in Arakan State has recommended that people carry cash gifts to an army official’s wedding, according to local businessmen.

“The Acting Commander from LIB 536, told us to take cash gifts to the army official’s wedding, if we attended the ceremony. We had to give in to the demand in fear of retaliation and since it was an army official’s wedding,” he said.

The wedding ceremony was held on February 3, 2009, for Corporal Thaung Tun Oo and his warrant officer Tun Myint’s daughter Nwe Nwe Soe at Ray Thon Ray Hall for the Rathidaung-based Light Infantry Battalion 536.

“The amount of cash was mentioned along with the invitation for a particular businessman and VPDC Chairman, as ordered by the acting commander of Light Infantry Battalion (536) Major Thein Nine to be given during the marriage,” the businessman said.

The Burmese Army had demanded Kyat 30,000 from a shrimp trading center, Kyat 15, 000 from one general store, Kyat 10,000 from a rice-mill and Kyat 15,000 to Kyat 30, 000 from a motor-boat owner inRathidaung Township, as gifts at the army personnel’s wedding.

Despite being unwilling to spend such a lot of money due to a crisis in their businesses, all the invited businessmen had to pay the recommended amount to avoid future problems with the army, another businessman said.

“The army had recommended a compulsory gift amount to be offered to the couple at the ceremony, while they were inviting us. Our businesses are not doing well currently and we were not willing to give such a lot of money. However, we had to pay because we are afraid of their interference in our business,” said the businessman.

The VPDC Chairmen of the township were also ordered to give not less than Kyat 5,000 by the army, a Chairman said.

According to local villagers, most of the chairmen had collected the cash from the villagers, citing the orders of the army.

According to a local source, Burmese Army battalions stationed in Arakan State used to collect illegal toll tax from local businessmen and rich men, whenever the army held any army official’s wedding ceremony or religious festivals.

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Two year sentence handed down to Rangoon journalist - Zaw Tun

By Myo Thein

Rangoon (Mizzima) – The Bahan Township Court has sentenced the former chief reporter of the The News Watch journal, Zaw Tun, to two years imprisonment.

The court yesterday sentenced Zaw Tun (34), of No. 32 Ward, North Dagon Satellite Township, with obstructing a public servant in the discharging of his duty.

A security officer found Zaw Tun near Aung San Suu Kyi’s house last September and arrested him following questioning.

Suu Kyi, who today turns 64, is currently being held in Insein prison while standing trial after being accused of breaching the terms of her former period of detention.

Zaw Tun, who had been freed on bail following his arrest, learned of his sentencing during yesterday's court proceedings.

According to sources in the Home Ministry, Zaw Tun was serving as The News Watch's chief reporter at that time he allegedly responded impolitely to police questions regarding his reasons for being in the vicinity of Suu Kyi's compound.

A local journalist friend of Zaw Tun's says the imprisoned reporter is a charming and sociable character with many friends, and proud to be a journalist.

Zaw Tun resigned from The News Watch at the beginning of this year and has since been working as a freelance journalist.

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Political prisoners moved to Insein’s dog quarters

(DVB)–Around 20 political prisoners in Rangoon’s Insein prison have been placed in detention inside the prison’s canine quarters, according to the wife of one of the inmates.

Conditions in Burma’s prisons are often dire, with particularly bad punishments meted out to high-profile political prisoners.

Many well-known imprisoned activists and opposition members are in poor health and are often denied healthcare, with the situation compounded by the frequent barring of family visits.

“My husband is now in the dog ward and he said he didn’t know why the prison officials did that,” said the wife of political inmate Sit Yan Naing, who was arrested in 2007 for allegedly carrying explosives in his fishing boat and sentenced to 14 years in prison.

“There are other people with him and also none of them seemed to know why they were there,” she said, adding that a prison warden at the canine unit had told her he didn’t know why either.

Meanwhile, a member of the opposition National League for Democracy (NLD) party was arrested on Wednesday after taking photographs and video footage documenting a water shortage problem in his town.

Myat Myat Mon, the wife of NLD member Lay Lwin, said that she and her husband were taken from their house to South Dagon’s Township Peace and Development Council office by township officials and police on Wednesday afternoon, and he has not returned since.

“My husband told them he didn’t do it but [township chairman Hla Win] threatened to beat him up and said they would sue him anyway with any means possible,” she said.

The sister of Myat Myat Mon said that his whereabouts were unknown.

“We heard a clerk in that office saying something like he was transferred to a government interrogation camp so we are so worried for him,” she said.

Reporting by Aye Nai and Naw Say Phaw

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Lengthy sentences for opposition prayer arrestees

(DVB)–Two members of the opposition National League for Democracy party arrested after praying for the release of political prisoners in Burma have each been sentenced to one-and-a-half years in prison.

The two, Chit Pe and Aung Soe Wei, were arrested on 21 April after holding a prayer ceremony at a pagoda near to Rangoon division’s Twante township, and charged under Section 295a which addresses "desecration of religious buildings and property".

Aung Soe Wei’s wife Ma Lwin said the two were immediately taken to Rangoon’s Insein prison following the verdict and were barred from speaking to family members waiting outside the court. Lawyer Kyi Toe said that his requests to authorities to let him meet his clients to were denied.

“I made a request to the police station chief Myint Kyaw and also to the court, but was denied both times,” said Kyin Toe. “I was not given the right to freely talk to and discuss with my client from the start until the end of the case.”

Meanwhile, three National League for Democracy (NLD) youth members in Rangoon were arrested by authorities last Friday.

NLD spokesperson Nyan Win said it was a further sign of the ruling State Peace and Development’s Council’s repression of opposition groups in Burma.

“The NLD has been under pressure [from the SPDC] for many years and it is not easing, even when they are promising a new election and the end of all arguments,” said Nyan Win.

“But we are not in depression; we will continue doing our work and will never change our non-violence policy.”

Reporting by Khin Hnin Htet

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Burmese Activists Ask Ban Ki-moon for Help

By SAW YAN NAING
The Irrawaddy News

Former Burmese political prisoners have delivered a petition to UN Secretary-General Ban Ki-moon calling on him to seek the release of all Burmese political prisoners including opposition leader Aung San Suu Kyi.

The request comes after 48-year-old Salai Hla Moe, a member of the National League for Democracy, died in a Burmese prison in May.

Family members of Salai Hla Moe were informed by prison authorities almost three weeks after his death. He leaves behind a wife and four children, according to the Thailand-based Assistance Association of Political Prisoners (Burma) (AAPP).

Approximately 680,000 signatures were collected within 10 weeks in one the largest global coordinated actions ever for Burma.

Tate Naing, the secretary of the AAPP, said, “How many more political prisoners have to die before the UN will act? I urge Mr. Ban Ki-moon to accept nothing less than the immediate and unconditional release of all of Burma's political prisoners in his current negotiations with the regime.”

“He must not allow any more delay. Political prisoners, including Daw Aung San Suu Kyi, are the hope for democracy and the future leaders of our country. Their lives are at stake," said Tate Naing.

About 140 political prisoners have died in prison since 1988 while more than 2,100 political prisoners are held in Burmese prisons and in labor camps.

A delegation member, Nyi Nyi Aung, who has relatives currently in prison, said, “To Ban Ki-moon, my message is simple: ‘Your words show you take this issue seriously. But now I want to see what action you will take to secure the release of my family and all of Burma's political prisoners.’”

Nyi Nyi Aung’s mother and two cousins are serving jail terms of up to 65 years for their pro-democracy activities.

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Burmese junta cracks down on Suu Kyi’s party

(DVB)–Three members of the National League for Democracy were arrested last week on unspecified charges while another elderly member had his property vandalised by men armed with slingshots.

Members of the NLD, whose leader Aung San Suu Kyi is currently on trial for alleged breach of house arrest conditions, suffer frequent harassment and intimidation from Burmese authorities.

The two cases, both of which occurred last Friday, coincided with a police raid on the house of Thi Han, an NLD youth member involved in a photo campaign to raise public awareness of the Suu Kyi trial.

“Some government officials showed up, claiming they need to check for [unregistered] guests at his house on evening of June 12,” said fellow NLD member Win Naing.

“They said they had some information about his house and searched thoroughly before leaving without finding anything.”

Meanwhile, a teashop owned by the financial director of the NLD in Mandalay division was damaged when unknown men fired slingshot pellets.

“They came in the deep of night on June 12…and broke some florescence light sticks in the teashop,” said 60-year-old Ko Ko Gyi, who was also involved in the photo campaign.

“We found out that the pellets they used were made hard by baking them in the fire – this shows that the attack was well-prepared.”

He added that he had filed a complaint with local authorities but would not be notifying police.

“I’m not going to bother opening a case with the police as we all know who is backing the attackers,” he said.

Two prominent NLD members called to testify in Suu Kyi’s defence were disqualified by the court last month for reasons unknown.

According to the Association for Political Prisoners-Burma (AAPP), around 450 NLD members are currently serving jail sentences in Burma.

Reports emerged last week that five political prisoners, including an NLD member, were transferred to solitary confinement after prison authorities got wind that they were planning a protest against Suu Kyi’s trial.

Reporting by Yee May Aung

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‘We can’t leave out Depayin:’ Suu Kyi's Lawyer

By THE IRRAWADDY

Aung San Suu Kyi’s lead lawyer, Kyi Wynn, remains optimistic that Burma’s High Court will next week grant his appeal to reinstate two key defense witnesses in the bizarre trial being held in the notorious Insein Prison special court in Rangoon.

The District Court trying Suu Kyi had allowed only one of four defense witnesses to take the stand.

Speaking to The Irrawaddy, Kyi Wynn said that he had wanted Win Tin and Tin Oo to be called as defense witnesses, but they were rejected by the lower court.

The high court is expected to rule on the appeal on Wednesday, allowing for the trial to resume.

Win Tin is a senior party member of Suu Kyi’s National League for Democracy party. Tin Oo is a former commander-in-chief of the armed forces and is currently under house arrest.

Suu Kyi has called the charges against her “politically motivated.”

Kyi Wynn said that defense lawyers could not leave out the notorious Depayin Massacre in which Suu Kyi’s motorcade and supporters were ambushed in May 2003. Since that date, Suu Kyi has been detained.

She was charged under Section 7 of the State Protection Law which says, “The [military] Cabinet is authorized to pass an order, as may be necessary, restricting any fundamental rights of any person suspected of having committed or believed to be about to commit, any act which endangers the sovereignty and security of the state or public peace and tranquility.” Her attorneys plan to challenge the legality of that charge against her.

After Depayin, Suu Kyi asked for lawyers to represent her, but the request was denied.

Shortly after the attack, Suu Kyi opened the case at the local police station in central Burma where the attack took place. But no action was taken against thugs backed by the regime. Instead Suu Kyi was placed under house arrest.

Lawyers now indicate that Suu Kyi’s detention in May 2003 could be considered illegal, and they sought to call Tin Oo, who accompanied Suu Kyi during her trip in May 2003, as a defense witness.

Suu Kyi had visited several towns where she encountered large crowds, but they were peaceful and welcomed her entourage in orderly fashion, said her lawyer.

Tin Oo, who witnessed the attack, wanted to testify in court, said a dissident political source in Rangoon.

The former defense minister in the 1970s is a staunch supporter of political change in Burma and currently vice chairman of the election-winning NLD party. A political source said that he has closely followed the trial on the radio.

Lawyers said that his testimony would last one day. “He would talk turkey [at the court],” said Kyi Wynn.

“I don’t think she [Suu Kyi] was trying to endanger the sovereignty and security of the state or public peace and tranquility,” Kyi Wynn said, referring to the motorcade.

It is widely believed that the regime’s leader, Snr-Gen Than Shwe, and hard-line ministers were behind the deadly ambush attack on the motorcade.

There was no independent investigation set up after the ambush, which led to the death of numbers of Suu Kyi’s supporters.

Kyi Wynn said that Suu Kyi and her lawyers had no intention to prolong the trial. He said that the court proceedings should end in July.

While Suu Kyi has said that the case against her is politically motivated, she has also repeatedly said that there is no rule of law in Burma. Analysts contend that her lawyers want to demonstrate the country’s lack of rule of law.

Suu Kyi was charged with violating the terms of her house arrest after an uninvited American man swam secretly to her closely guarded lakeside home last month and stayed two days.

If convicted, she faces up to five years in prison.

It is widely expected that Suu Kyi will be found guilty because courts in Burma are known for handing out harsh sentences to political dissidents.

Suu Kyi, 63, has been detained under house arrest for more than 13 of the last 19 years. She was transferred to Insein Prison on May 14. Her lawyers also argue that since the regime lifted the restriction of her house arrest in May, she is now a free person and there is no reason to detain her. Her current detention in Insein Prison should be considered illegal, said her lawyers.

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Villagers doubt protection by Mon ceasefire party, prepare to pay new insurgent group – or flee

By Asah and Blai Mon

(Mon News) -A new insurgent group has demanded payments from villagers in territory controlled by Mon cease-fire party. Doubting the party’s ability to protect them, residents say they feel compelled to flee or make them payment.

Over the last week, residents of Brigade No. 3 village in territory controlled by the New Mon State Party (NMSP) say they have been forced to weigh their reluctance to make payments demanded by Mon insurgents against questions about whether the NMSP can effectively protect them.

Last week, a new Mon insurgent group calling itself by the name “Rehmonnya” ordered residents of Brigade No. 3 village to pay 100,000 baht. A few days earlier, on June 3rd, 10 armed men from group had entered the village and kidnapped two retired village headmen. According to local sources as well as contacts in the NMSP, the two men were only freed after their families paid a ransom of 50,000 baht.

Many villagers feel compelled to pay, though Brigade No. 3 of the the Mon National Liberation Army (MNLA), the NMSP’s armed wing, sits less than a mile away. MNLA reinforcements recently arrived as well, and the village is now guarded by a rotation of 15 MNLA soldiers.

“Some houses do not want to pay, but they have to pay. Even though the NMSP will guard the village, if any house does not pay Nai Khin Maung [the man from Rehmonnya who issued the taxation order] says, ‘if you don’t pay, I will get the money any way I can get it,’” a villager told IMNA. “I cannot say what he will do because it is not that time yet, but we are afraid.”

On June 8th, the headman of Brigade No. 3 village called a morning meeting to discuss how the payment would be made. About 30 villagers attended. The deadline for payment is tomorrow.

“We didn’t call the whole villages, we only called villagers who we know have enough money,” said a source close to the village headman. “If the villagers can, they have to pay 2,000 baht. Others only have to pay 1,000 baht – we won’t force them.”

Another villager present at the meeting quoted in a recent report by the Human Rights Foundation of Monland, however, said that the headman relayed what appeared to be a thinly veiled threat from Nai Khin Maung: “Villagers who don’t want to give the annual payment, write down their name and give it to us [Rehmonnya]. We will come and we will collect it ourselves.”

As the payment deadline looms, local residents say that over the last few days they have been afraid to travel to their farms or plantations for fear that they be kidnapped and held ransom.

“Now, after this order, how will we pay 2,000 baht? We work the whole day, but we can never make that,” said another villager, who went on to explain the painful irony of his situation: even if he could earn the money to pay the insurgents, the very presence of the insurgents makes him afraid to travel to his worksite where he earns his income. “At this time, we usually collect bamboo shoots from the mountain, but now we are afraid their group will kidnap again.”

Other villagers describe having to borrow money, portending quickly rising interest and the specters of vicious cycles of debt. Still others said their neighbors had left the village entirely, some selling their homes and others simply to wait out Rehmonnya.

“In our house, we have to pay 2,000 baht – at the present 25 houses have to pay,” said another resident. “Some houses which can’t pay the money, they were afraid and left to avoid this. Some people, they put up notices to sell their homes.”

READ MORE---> Villagers doubt protection by Mon ceasefire party, prepare to pay new insurgent group – or flee...

Suu Kyi witness appeal goes to higher court

(DVB)–Lawyers for Aung San Suu Kyi have submitted an appeal to Burma's central court to allow the remaining two witnesses disqualified last week to testify in her defense.

Suu Kyi and her two caretakers met with the four defense lawyers yesterday to discuss taking the appeal to central court, following the readmittance on Tuesday of only one of the disqualified lawyers.

The three stand trial for allegedly sheltering US citizen John Yettaw who last month swam to the property where Suu Kyi is under house arrest.

The defense had initially produced four witnesses but three were disqualified on unspecified reasons. The prosecution team was allowed to call 14 witnesses.

“I went to the central court around 11am this morning and submitted the appeal for the remaining two disqualified witnesses for Daw Suu,” said lawyer Nyan Win.

“We are to present the statement for the appeal on [June 17] and they will decide whether to accept the appeal or not.”

Suu Kyi had yesterday urged the lawyers to go further with the appeal, arguing that the disqualification was “legally wrong”.

Reporting by Naw Say Phaw

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Impunity bars justice for Burmese ethnic groups

By Aung Htoo

(DVB)–While the world has remained rapt by the trial of Burma’s Aung San Suu Kyi, the ongoing crisis over rights for ethnic minorities in the country has received little international attention.

Burma’s ethnic minority groups constitute one-third of the population. This population has borne the brunt of the government’s well-documented and widely condemned human rights violations. Ethnic children have been forcibly recruited into the army, some to act as minesweepers for troop patrols, while rape of ethnic women has been labelled by human rights groups an attempt to dilute the ethnic diversity of Burma. Their situation is being compounded by a culture of impunity in Burma It is only when greater international attention is focused on government impunity and on rights for ethnic minorities that Burma will be able to achieve peace.

This was an argument put forward by Professor Paulo Sérgio Pinheiro, former UN special rapporteur to Burma from 2000 to 2008, in an article published last month in the New York Times. The article highlighted the grievances and loss of rights of the ethnic minority in the country, with whom he worked with for eight years.

While the plight of Burma’s ethnic groups has been sidelined by the Suu Kyi trial, the Burmese government has focused greater attention, albeit highly cynical, on transforming armed ethnic groups into political tools for the convenience of next year’s elections. One key issue that many observers have ignored is that if they accept such government proposals, they will effectively be complicit in supporting government impunity for crimes committed by the state army against their own people.

According to agency reports, a delegation of government officials lead by the junta’s chief of military affairs security, Lieutenant-General Ye Myint, has met with the Shan State Army-North (SSA-N) ceasefire group as part of a series of discussions with ceasefire groups across the country. It is understood that the government tried to persuade the Shan group to form a political wing to contest the upcoming elections, in return offering them an opportunity to retain their armed status by transforming into a government militia.

Rather than committing themselves to military rule, ethnic ceasefire groups should take this opportunity make demands about their status in the country and to speak out about their loss of rights.

‘License to Rape’, a 2002 report by the Shan Women’s Action Network that gained attention from the international community, highlighted details of rape cases against Shan women by the ruling State Peace and Development Council (SPDC) army. But the SSA-N never made significant calls for international action against the SPDC’s crimes either against Shan people or other ethnic minorities. Similarly, the SSA-N stayed silent about the government’s manipulation of Burmese law under which their leader, Colonel Hso Ten, was in 2005 imprisoned for 106 years.

If the SSA-N bows to government persuasion and forms a political party to enter the elections, they would automatically be placed in a position where they accept the 2008 constitution. Buried within the constitution is section 445 of the penal code, which grants the government an amnesty for crimes committed by the army during the State Law and Order Restoration Council era from 1988 to 1997. This would effectively mean the group supports an ongoing culture of impunity in Burma. Pinheiro documented a case where a Burmese soldier last December abducted, raped and killed a 7-year-old Karen girl. Authorities refused to arrest the soldier; instead, officers threatened the parents with punishment if they did not accept a cash bribe to keep quiet.

This culture of impunity is becoming a huge problem for Burma, and is compounded by the country’s failing legal system. But pure political thinking which aims to bring a solution merely to arguments about the constitution or the election will not solve the current situation. We need to build a new approach by restoring law and order under a framework in which whoever commits a crime can be punished.

If Burma continues with the current 2008 constitution, people whose basic human rights were violated by the government will be denied their right to seek justice under legal terms of the abuses suffered. Furthermore, it would encourage such abuses to continue free of punishment. Since 1990, the United Nations’ special rapporteur has made 37 visits to Burma while the international body’s General Assembly and the Human Rights Council have passed over 35 resolutions regarding Burma. The UN Security Council, however, is yet to pass a single resolution.

Pinheiro points out the international community’s “diplomatic efforts [have] failed to bear fruit” and “the country’s domestic legal system will not punish those perpetrating crimes against ethnic minorities”. In this context, he says, “it is time for the United Nations to take the next logical step”.

Were this to happen, a possible indictment by the International Criminal Court could be on the horizon. This, Pinheiro argues, would have the dual effect of bringing greater attention to impunity in Burma, and deterring future crimes against humanity. If the ceasefire groups do not consider these facts and instead join hands with the government, whilst ignoring crimes being committed by them, they will, as the Burmese saying goes, be hiding from a lightning strike under a palm tree.

Aung Htoo is general secretary of the Burma Lawyers' Council

READ MORE---> Impunity bars justice for Burmese ethnic groups...

Being a Defense Lawyer in Burma Is a Risky Business

By MIN LWIN
The Irrawaddy News

As the trial of pro-democracy leader Aung San Suu Kyi unfolds, many people are asking: How difficult is it to be a defense lawyer who represents political activists in Burma?

Defense lawyers who represent political dissidents routinely face government intimidation, in some cases leading to prison terms and the suspension or cancellation of their license to practice by the Burmese Bar Council.

Eleven lawyers who defended pro-democracy activists are currently serving prison terms across the country.

The Thailand-based human rights group, the Assistance Association for Political Prisoners (Burma), said at least 207 Burmese lawyers, including central high court lawyers, have faced suspension, warnings, temporary suspension or dismissal of their license without a proper hearing process.

“If you want to be a defense lawyer for political activists, you can have your lawyer license cancelled at any time,” said Nyi Nyi Hlaing, who has represented political activists.

“Sometimes judges intimidate us by saying if we upset the judicial process, we can be punished,” he said.

Prominent defense lawyer Aung Thein, who recently served a four months prison sentence for contempt of court and had his license cancelled, told The Irrawaddy: “There are two kinds of lawyers who have had their license dismissed. Political activist lawyers who are dismissed for their political activities and lawyers dismissed in the process of defending their activist clients.

Aung Thein’s colleague, Khin Maung Shein, who has represented political activists including Aung San Suu Kyi, was also dismissed from practicing law and sentenced to four months in prison.

“The fact that the Burmese Bar Council cancelled our licenses is not fair, because we served four months detention in payment for what they called contempt of court,” said Aung Thein.

Late last year, attorney Saw Kyaw Kyaw Min was convicted of contempt of court after complaining of unfair treatment by a Rangoon court in a case involving political dissidents.

“I was intimidated by the judge from Kyimyindine Township court when I asked to call a government witness to the court to testify,” said Saw Kyaw Kyaw Min, 29. “She told me you don’t have a right to call the government witness. If you do that, your lawyer license will be cancelled.”

In addition, attorneys Nyi Nyi Htway and Saw Kyaw Kyaw Min were both sentenced to six months imprisonment for contempt of court while representing activists. Saw Kyaw Kyaw fled to Thailand rather than serve time in prison.

The convictions were politically motivated to intimidate other lawyers from defending political dissidents, said observers of the legal system.

Like activist lawyers, average citizens who are caught up in politically sensitive issues are frequently intimidated or charged with criminal acts by the military government. Various professions, including comedians, doctors, private teachers, singers, writers, journalists and their family members, have been charged and imprisoned because of their political involvement.

On June 9, Khin Khin Aye, a senior manager in the Central Cooperative Society under the Ministry of Cooperative, was dismissed from her job without warning because her husband, attorney Hla Myo Myint, had represented Aung San Suu Kyi.

READ MORE---> Being a Defense Lawyer in Burma Is a Risky Business...

Mon ceasefire group increases armed patrols in response to taxation by insurgents inside party territory

By Asah and Blai Mon

(Mon News) -A recently formed Mon insurgent group is attempting to levy taxes in territory controlled by Burma’s largest Mon political party. The party has stepped up armed security in the area, which also saw two retired village officials kidnapped by the insurgents last week.

According to sources in territory controlled by the New Mon State Party (NMSP), yesterday the insurgents ordered residents of Brigade No. 3 village to pay 100,000 baht (2,900 USD). The large sum has been requested in Thai baht because NMSP territory is situated along the Thai-Burma border, though territory officially controlled by the party since a 1995 ceasefire is nominally within Burma.

“They asked for 100,000 baht, but we requested to reduce the payment to 50,000,” a local resident told IMNA. “But, if we don’t pay them how much they asked for, they will do anything to get the money. We don’t want to pay them, but they ordered us.”

According to local sources, the armed group, which calls itself “Rehmonnya,” has given the village four days to raise the funds. The group initially gave the village until only today to make the payment, though it contacted village leaders a second time yesterday to push the deadline back to June 12.

Yesterday’s order comes just a week after two retired headmen from the same village were seized by 10 armed members of the group, who fired at least four shots during their time in the village. According to contacts in the NMSP as well as local sources – including one who said he talked with relatives of the headmen – the men were held for two days and released after their families paid 50,000 baht.

The headmen would not speak to IMNA about their kidnapping, however, and would neither confirm nor deny whether payments were made to secure their release. Rehmonnya denies that any ransom was required for the release of the men. Speaking with IMNA by phone today, Nai Khin Maung, who issued the taxation order and commanded the soldiers who detained the headmen, said that no money exchanged hands.

The NMSP response to Rehmonnya’s recent activities has been to increase security in the area; Brigade No. 3 village is just 1 mile away from the headquarters of Brigade No. 3 of the Mon National Liberation Army (MNLA), the NMSP’s armed wing.

According to party sources, local officials in the NMSP and MNLA held meetings yesterday and today to discuss responses to the activities by Rehmonnya. Pre-existing NMSP policy prohibits unauthorized taxation within party territory, and sources at the meeting said the party would do what it can to protect the villagers.

Rotating sentries made up of 11 MNLA soldiers and 10 villagers were posted in the area following the taxation order, an MNLA commander present at the meeting said, while additional MNLA soldiers from elsewhere in NMSP territory have been sent for.

At least one party source is worried that the NMSP will be perceived as weak because of Rehmonnya’s brazen activities. “An armed group is collecting money from our villagers,” the MNLA commander who spoke with IMNA said. “This will affect the reputation of the NMSP.”

Rehmonnya’s incursion into NMSP territory comes as the party faces mounting pressure from a variety of sources, both inside and outside the party. Burma’s military government has been pushing the party to join elections scheduled for 2010 as well as bring the MNLA under government control, demands the party has thus far not met. Factions within the party disagree on how to respond, meanwhile, and there have been persistent rumors of defections and early retirements by high officials who wish to contest the election – or resume armed insurgency.

According to Nai Khin Maung, Rehmonnya is looking to resume armed insurgency; whether it has any support from within the party is unknown. Nai Khin Maung, for instance, left the NMSP immediately following its 1995 ceasefire. Very little is known about the group, and none of the party sources canvassed by IMNA could confirm its strength or when it was founded.

Nai Khin Maung told IMNA that the group was founded during last year’s winter season, and consists of 240 soldiers, who are mostly “underground” but are preparing to clash with Burma’s military government. He also confirmed a report by IMNA last week, and said that the group is not and has never been allied with Nai Pan Nyunt, former MNLA second-in-command and leader of the Monland Restoration Party, the largest active Mon insurgent group of the last decade.

Rehmonnya’s objectives are independence for Mon people and opposition to Burma’s military government, Nai Khin Maung told IMNA as he defended his group’s recent activities. “We arrested the two villagers because we wanted help from them – we didn’t take money from them,” he said. “But now we are asking for an annual payment of money like the NMSP asks every year. The next year we will be asking again at that time.”

“In our group, the number of soldiers is bigger than the number of guns,” he said, going on to argue that the payments demanded from Brigade No. 3 village are optional. “So, we ask for money as the willing help of villagers.”

When asked by IMNA about Rehmonnya’s response to increased security efforts by the NMSP, he did not shy away from the prospect of clashes with the NSMP, though he did not relish it. “If the NMSP does not make a problem for us, when we meet the NMSP outside we will not shoot. If they make problems for us, we will shoot,” he said, going on to say: “If they do not shoot us, we will not shoot them.”

How far the NMSP is willing to go to enforce its ban on taxation by outside groups remains to be seen. In April, however, NMSP officials and a small group of men from the government-allied Mon Peace and Defence Force (MPDF) got into an armed altercation over taxation in Kyaikmaway Township. No one was injured, though shots were fired. No NMSP retaliation has been reported, though the MPDF assassinated a respected NMSP member soon after.

In an interview regarding the MPDF activities, which have included a second – failed – assassination attempt, an NMSP officer inside Burma said that the party wished to avoid Mon-on-Mon violence. “Honestly, if I have to tell you, we are not afraid of the [MPDF]. If we want to fight, we can fight them all,” he told IMNA. “But if we fight Mon and Mon, who will lose? We will lose: we are the same nation. The [government of Burma] will not lose.”

READ MORE---> Mon ceasefire group increases armed patrols in response to taxation by insurgents inside party territory...

Three Families Desert Home After Losing Farms

Ponna Kyunt (Narinjara): Three families left their villages in Ponna Kyunt Township north of Sittwe for southern Arakan State after they lost their freehold lands to confiscation by local authorities aided by the Burmese army, said a village elder.

He said, "The families left our village, Ah Mae Kin, for a village in Gwa Township before the rainy season after they lost their lands when the authority confiscated their farms."

At least 15 acres of farmland belonging to the three families of U Maung Aye Kyaw, U Kong Zauk, and Maung Pu Nyo were confiscated by Village Chairman U Aung Mra U with the help of local army officials.

After the confiscation, the three families found themselves without a job or livelihood and eventually left for another village in Gwa Township where land prices are cheaper than in Ponna Kyunt.

"They left for a village in Gwa Township but I do not know the village name. I heard land prices in the area are much cheaper and work is available there. So they left their freehold lands," the elder added.

20 acres of land in the village were first confiscated by army officials from Light Infantry Battalions 550 and 344 with the help of Village Chairman Aung Mra U for army purposes. Later, the village chairman confiscated another 43 acres of land with the local high authorities to sell to rich families in the village.

Among the confiscated lands were some that belonged to the entire village for use as a grazing pasture, and most of the lands had been owned by villagers for many decades.

"We heard that that the Burmese army needed 20 acres of land from our village to construct army buildings, but the army officials confiscated 63 acres of land from our village without paying any compensation," said the villager.

Later the officers and village chairman sold the extra land to wealthy local villagers for 50,000 kyats per acre, the elder said.

The army officers sold 43 acres to U Kyaw Hla Sein, U Sein Tha, Maung Kyaw Bu, Alon Khin, Maung Tun Aye, and Own Kyaw, all of whom are from Ah Mae Kin Village.

After the land was sold by the officers to the wealthy residents, the village found itself divided into two factions - the rich and the poor. The three families subsequently left the village to look for a better place to find work.

According to the source, seven families from the village are likely to leave at the end of this rainy season due to the many obstacles facing them in their livelihoods since the village chairman and army officials confiscated local lands.

Many villages in Arakan State are facing similar problems as Ah Mae Kin, since the Burmese army has been confiscating land belonging to the common people and selling it to the wealthy.

READ MORE---> Three Families Desert Home After Losing Farms...

Junta to put Aung San Suu Kyi under house arrest again

New Delhi (Mizzima) - The Burmese military junta is preparing to put pro-democracy leader Aung San Suu Kyi, currently facing trial in Rangoon’s Insein court, under house arrest again, this time in a military base on the outskirts of Rangoon, sources close to the military said.

The source said, the junta is preparing to put the Nobel Peace Laureate Aung San Suu Kyi in a house in Ye Mon town, which is also the base of the Light Infantry Division (11), on the outskirts of Rangoon.

Though the trial against the Burmese democracy icon continues to be held in the northern district court in Insein prison, the junta has already decided to put Aung San Suu Kyi under house arrest yet again, the source added.

READ MORE---> Junta to put Aung San Suu Kyi under house arrest again...

Girl Gang Raped and Man Has Hands Cut Off by Burma Army soldiers in Shan State

(Taifreedom)- A 15-year-old girl was raped by 12 Burma Army soldiers in Shan State according to information from the PaO National Liberation Organization. The soldiers from Light Infantry Battalion 426, including battalion commander Nyunt Oo, raped the girl on May 14 in an orange grove where she had been working. She is now in Taunggyi hospital.

Soldiers from the same LIB cut the hands off U Khun Lon, 35, from Kawn Tai village, Tan Yaan village area, Hsi Hseng district, southern Shan state, on May 18. The 13 soldiers forced the villagers together, tortured them and accused them of communicating with the resistance groups. Another man called Win Bo was hit several times with the butt of a rifle and seriously injured. The soldiers also burned down a house and took Win Bo and a further 18 villagers to Chee Ta Lee temple and tied them up. An attack on Burma Army soldiers on May 3 in the same area left 12 of these soldiers dead.

U Khun Main, 43, headman of Pan Nyo village in Sai Khow village area, also Hsi Hseng district, was cut around his head with a machete and beaten with rifle butts on May 23 by soldiers under Captain Sun Aung from the same LIB. He was seriously injured and is confined to his bed according to the PNLO.

On May 20, the LIB 421 led by Major Yae Htut came to Daw Na Kalu village on the Shan/Karenni border and stole from the villagers. They took five and a half kyat Tha of gold (worth approx US$2,619) and 11 silver coins worth about US$70 and 1.57 million kyat in cash (worth approx US$ 1,246). The soldiers also stole animals and told the villagers in East Paung Chaung they could not leave the village between 6pm and 6am.

According to information from the PNLO, since May 24, LIBs 425 and 426 are not allowing the PaO National Organization to go east of the road connecting Ho Pong and Hsi Hseng and are arresting anyone in camouflage clothes.

Some 500,000 PaO live in Shan State. The PNO signed a ceasefire with the SPDC in 1991, but soldiers of the PNLO continue to fight for independence. FBR Report

READ MORE---> Girl Gang Raped and Man Has Hands Cut Off by Burma Army soldiers in Shan State...

Burmese Army prevents farmers from going to their farms, then steals from them

June 5, 2009

HURFOM (Rehmonnya): The Light Infantry Battalion (LIB) 282 commander Nyi Nyi Soe warned villagers of insurgent group activity and wouldn’t allow farmers to return to their land.

Meanwhile, the troops reportedly stole food and cooking gear from the farms in Kaleinaung Sub - Township, Yebyu Township. Having also slaughtered some of the animals, they then tried selling their seized goods in the market.

According to the Alaesakhan villager, Ma Pher, “The troops stole betel nuts and cashews from our farms and sold them in the market. In addition, they also killed and cooked our farm animals (including chickens and ducks). The soldiers took all of our kitchen equipment to use in their camps.”

“Even though we know the soldiers are stealing our products and killing our animals, we can do and say nothing to them,” Ma Pher continued.

Villagers in the area, for fear of violence and torture, reported to HURFOM that they often feel forced to do whatever the military troops command of them.

According to another Alaesakhan villager, the soldiers initially posed as sawyers and ordinary villagers to gather information about Chan Dein insurgent group activities. When they heard something that interested them, they reported back to LIB 282. At that time, battalion commander Nyi Nyi Soe ordered the farmers not to go to their farms.

One member of the Village Peace and Development Council (VPDC) said, “When Nyi Nyi Soe arrived into the village, he allowed his soldiers to kill the villagers’ farm animals such as pigs, chickens and ducks.

The VPDC member added that, even after the troops had stolen all they wanted from the farms, “he also forced villagers to pay for the [soldiers’] rations of oil, rice, salt”

READ MORE---> Burmese Army prevents farmers from going to their farms, then steals from them...

Kachin student in coma after brutal assault by soldiers -Hpuwan La San

Written by KNG

After the brutal assault by Burmese Army soldiers, a teenaged Kachin student is in a coma for three days in hospital. He was beaten up severely at the railway station of Mayan Village in Burma's northern Kachin State on May 31 by a section of soldiers, said local sources close to the boy.

An eighth grade student Hpuwan La San (14) was innocent but wrongly assaulted by a group of angry soldiers from the village-based Burmese Army Artillery Battalion No. 372 led by Lt-Col. Ye Yint Twe . The assault followed a dispute between the soldiers and local Kachin young men, according to the students' relatives.

Public Hospital in Myitkyina where Hpuwan La San is moved yesterday from Namti hospital.
His relatives added that teenaged Hpuwan La San was assaulted without being asked any questions by the Burmese soldiers while he was waiting for a train to go back to his home in Myitkyina, the capital of Kachin State. He fell unconscious on the scene of assault, said relatives.

He was first hospitalized in Namti, a small city near Mayan Village and later moved to the government Public Hospital in Myitkyina, said Namti hospital sources. He is now in a coma and vomiting blood. He has multiple fractures on his entire body following the assault, said relatives who visited him in hospital.

Besides, over four more innocent high school students from the village were also assaulted in their homes by Burmese soldiers but their injuries are not serious, said villagers.

La San was not involved in the clash between the soldiers and young men in the village. The fight took place after the young men prevented a teenage Kachin girl called Wa Sha Ki from being raped with a knife held to her throat by four Burmese soldiers in the afternoon of May 31.

The four Burmese soldiers were beaten up by a group of Kachin youths soon after they attempted to rape Wa Sha Ki. In a harsh retaliation local Burmese soldiers, led by the Artillery battalion commander Lt-Col. Ye Yint Twe went on the rampage on Kachin young men. Over 30 troops were ordered to "Kill all Kachin young men in the village."

The army operation took place between 7 p.m. and 10 p.m. Burma Standard Time. The troops assaulted Kachin young men in every place in the village, said villagers.

Yesterday, a high ranking army officer from the Northern Command HQ based in Myitkyina visited the scene and met village administrators and village leaders.

He ordered that Hpuwan La San’s responsibility must be taken by both the village and the village-based Artillery Battalion. He made a simple apology for the words of the battalion commander Ye Yint Twe---- ‘Kill all Kachin young men in the village.’ He said "Don't listen to those words. It is what wicked people say," said villagers.

During the short visit, the army officer promised that soldiers will not assault Kachin young men in the village any more. But more than 30 young men are still hiding in the forests, said villagers.

According to villagers, severe problems in the village started cropping up after the Burmese Army's Artillery Battalion set up base in the village in 2004. The soldiers slaughter cattle owned by villagers without paying, confiscate land and rape women.

It is at such tumultuous times that Kachin people in Burma and abroad have voiced their opinion and suggested that the Kachin Independence Army (KIA), the biggest Kachin ceasefire group in the country break the ceasefire agreement and resume war with the Burmese military regime.

READ MORE---> Kachin student in coma after brutal assault by soldiers -Hpuwan La San...