BurmaNet News, June 16, 2009

[Editor]

June 16, 2009, Issue #3735



INSIDE BURMA
Kachin News Group: KIA troops take to forests for possible war with
Burmese Army
DVB: Junta-backed militia will ‘make Karen state peaceful’
DVB: 10-year-old girl raped and murdered
Xinhua: Myanmar official media hail Sri Lankan president Myanmar visit

ON THE BORDER
Times of India: Mizoram bans import of pigs from Myanmar

BUSINESS / TRADE
Xinhua: China, Myanmar to boost "comprehensive, stable and lasting relations"
Irrawaddy: Burma-China pipeline work to start in September

ASEAN
Irrawaddy: Suu Kyi’s detention affects Asean’s credibility: Thai PM

REGIONAL
Thai News Agency: Three Myanmar Rohingya arrested on trafficking charges

INTERNATIONAL
Reuters: Suu Kyi trial flouts justice, UN investigators say

INTERVIEW
FEER: Thai PM Abhisit on Burma and Asean – Haseenah Koyakutty

PRESS RELEASE
United Nations: UN human rights experts urge fair and open trial for Aung
San Suu Kyi




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INSIDE BURMA

June 16, Kachin News Group
KIA troops take to forests for possible war with Burmese Army

Troops of the Kachin Independence Army (KIA) are going into the forests
from their army battalions in Burma's northern Kachin State for a possible
war with the Burmese Army. This, despite having accepted the junta's
strategy of transforming the armed-wing in principle, said local sources.

Columns of KIA soldiers are heading for the frontline. The KIA’s activity
is mainly concentrated in the areas around Laiza, the headquarters and the
border trade centre of KIA and its political wing the Kachin Independence
Organization (KIO), said sources close to KIA soldiers.

A KIO serviceman of the KIA 3rd Brigade in Bhamo district told KNG, "Now,
all KIA soldiers are entering the bushes.  Many KIA soldiers have fanned
out around the KIO/A headquarters in Laiza on the Sino-Burma border."

An eyewitness told KNG today, she surprisingly saw several columns of
Burmese Army soldiers on the road between Bhamo and Kai Htik, the border
trade route between China and Burma in Bhamo district.

All KIA soldiers are equipped with sophisticated guns and ammunition. They
have been ordered to standby 24 hours in their army bases, KIA sources
said.

The KIA’s preparation is to defend itself from the Burmese troops. It is
not offensive in nature, according to KIA officials.

Maj-Gen Gunhtang Gam Shawng, Chief of Staff of KIA reiterated that the
junta's proposal of transforming KIA into a battalion of border guard
force before the end of this year is a load of nonsense. The KIA’s
transformation will be considered after all political problems between the
KIO and the junta are resolved.

On the other hand, political leaders of the KIO met the junta's army
officials at least twice on transforming the KIA in Myitkyina, the capital
of Kachin State in the last two weeks, said KIO/A's headquarter sources.

As of now, Kachin political leaders are against the junta's proposal of
transforming KIA to a battalion of a border guard force. All Kachin
political organizations, Kachin university students in the entire country
and Kachin people both inside Burma and abroad are against this move.

The KIA is one of strongest ethnic armed groups in the country because it
connects with all Kachin people and is supported by all Kachins in Burma
and abroad.

Unless the political problems are resolved first, the transformation of
KIA is unacceptable for both KIA and the Kachin people.

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June 16, Democratic Voice of Burma
Junta-backed militia will ‘make Karen state peaceful’ – Naw Noreen

A pro-junta militia in Burma believed to be responsible for the burning of
Karen villages and forced recruitment of civilians as troops has said it
intends to make Karen state “peaceful”.

The Democratic Karen Buddhist Army (DKBA), who broke from the opposition
Karen National Union (KNU) in 1994 and allied itself with the Burmese
government, is involved in the current offensive against the KNU that has
forced around 4000 civilians to flee to Thailand.

The clash began on 2 June. Yesterday two KNU battalion outposts were
captured by the Burmese army, adding to the one captured on Sunday.

The KNU have said that the offensive is motivated by the looming 2010
elections, with the Burmese army keen to save face amidst mounting
international criticism by proving it can effectively carry out difficult
wet-season offensives.

"Our view is, they are carrying out offensives against the KNU for the
2010 election and trying to make the whole area the DKBA's border," said
KNU secretary-general Naw Zipora Sein.

But a commander from the DKBA’s Battalion 999, Colonel San Pyone, said the
offensive is an effort to pressure the KNU to hold peace talks again.

"It is not for the gain or loss. It is just a kind of pressure [to make
the KNU] reinitiate peace [talks]
and an effort to create a situation so
as we can live together again,” he said.

“And this kind of army [KNU] should not exist, I think. They will not
exist in the future -we will try to make sure that they will not exist.

“We will make Karen state really peaceful."

In February the DKBA Battalion 999 reportedly raided and burned down a
Karen village near the Burma-Thai border. Villagers said they were forced
to flee into the jungle to escape the attack.

Some of the 4000 or so Karen who have arrived in Thailand in recent weeks
have said they fled to escape forced recruitment by the DKBA into the
Burmese army.

A spokesperson from the Karen Human Rights Group said that villagers near
to the fighting were being forced to porter military supplies to the
frontline, as well as acting as minesweepers.

“They have to go in front of the soldiers because for the attack, if you
go in front of the soldiers then probably there are landmines and they
will step on the landmines first,” said September Paw.

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June 16, Democratic Voice of Burma
10-year-old girl raped and murdered – Naw Say Phaw

A 10-year-old girl from central Burma’s Mandalay division has reportedly
been raped and murdered after disappearing following an evening tuition
class, sources close to her family say.

Police in Mandalay’s Maha Aung Myay township, where the incident happened,
have detained several suspects.

The girl, whose name is being withheld, was a fifth grade student from
State High School 24 in Maha Aung Myay township. Locals said she went
missing on evening of June 12 when following an after-school tuition
class.

“She never came back from the tuition so her parents and the authorities
from the ward hired a car and announced her missing through loudspeakers,”
the resident said.

He said the family heard the next morning that her body, wrapped in a
linen bag, was seen being dumped in neighbouring Pattaryat 416 ward off a
trishaw.

“They found her naked body there, she appeared to be raped and her head,
put in a pillow case, was also smashed,” he said.

He said the girl’s funeral was held on Sunday, a day after her body was
found.

The news spread throughout the town and several suspects were being
detained in the Ward Peace and Development Council office.

Three suspects were later handed to Police Station 7 in the township.

An official on duty at the police station said the suspects were under
interrogation and police were waiting on medical confirmation from
hospital of the rape.

“We still haven’t got the hospital report yet, so we can’t absolutely tell
about the rape at the moment,” said the official.

Meanwhile, town residents said they are now worried for safety of their
children wandering around in the neighbourhood.

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June 16, Xinhua
Myanmar official media hail Sri Lankan president Myanmar visit

Myanmar official media Tuesday hailed the current visit to Myanmar of Sri
Lankan President Mahinda Rajapaksa, saying that the president's visit
contributes to the continuous strengthening of the two countries'
bilateral cooperation.

Myanmar and Sri Lanka have maintained relations in the field of religion
since time immemorial. Throughout the course of history, the two countries
have been able to strengthen friendship and cooperation, said the New
Light of Myanmar in its editorial.

"As the diplomatic relations of the two countries have turned 60 years,
they have been able to cement friendship and cooperation all the more. And
their cooperation in religious, trade economic, education, agriculture and
forest, hotels and tourism and transport is ever more apparent," the
editorial added.

Rajapaksa arrived in Nay Pyi Taw on Sunday morning on a state visit to
Myanmar, during which he met with Chairman of the State Peace and
Development Council Senior-General Than Shwe and had talks with Prime
Minister General Thein Sein on promotion of cooperation in the two
countries' bilateral ties, religious affairs, trade, economy, education,
agriculture, forestry, hotels and tourism and transport as well as
regional cooperation and mutual cooperation in international arena.

On the occasion, Myanmar and Sri Lanka signed an agreement on mutual
exemption of visas for diplomatic and service passport holders of the two
countries and a memorandum of understanding on cooperation in tourism.

The Sri Lankan president also visited Yangon and unveiled the bronze
plaque of Mitta Village in cyclone-hit Kungyangon township, Yangon
division which was established and donated by Sri Lanka.

Aimed at further strengthening the two countries bilateral ties,
Rajapaksa's Myanmar visit came on the occasion of the 60th anniversary of
the establishment of diplomatic relations between Sri Lanka and Myanmar.

Myanmar and Sri Lanka, which established diplomatic relations on June 7,
1949, have enjoyed cultural and religious ties since the 11th century.

Both Myanmar and Sri Lanka are members of the subregional grouping of Bay
of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation
(BIMSTEC) which also comprises Bangladesh, India and Thailand.

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ON THE BORDER

June 16, Times of India
Mizoram bans import of pigs from Myanmar

Amid a sort of paranoia of of swine flu, which is spreading to many
countries, Mizoram has banned import of pigs from the neighbouring
Myanmar.

Sales of pork, arguably the undisputed champion on the Mizo menu, have
dropped drastically. "Ever since as the news of swine flu started getting
prominence in newspapers and television channels, sales of pork has
suffered. We have to sell beef instead of pork now," a pork seller from
Chhinga veng locality said.

Normally on Saturdays, women carrying baskets queue up at meat shops for a
grand Sunday breakfast. But such queues have now shifted to beef counters.

Owners of Beef, mutton and chicken shops seem to be revelling at pork
sellers' loss. "Niow luck is now on our side. Bird flu virtually ruined
our business. But now our business has looked up," said a chicken seller
called.

State animal husbandry and veterinary department director C Sangnghina
said, "No case of swine flu has so far been detected here. We are alert
and on the job. Our rapid action team is keeping a strict vigil along the
722-km international border with Myanmar and Bangladesh and also
boundaries with Assam, Manipur and Tripura.

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BUSINESS / TRADE

June 16, Xinhua
China, Myanmar to boost "comprehensive, stable and lasting relations"

China would like to join with Myanmar to promote comprehensive, stable and
lasting relations, Vice President Xi Jinping said Tuesday.

During talks with Myanmar State Peace and Development Council
Vice-Chairman Maung Aye, Xi said China valued good-neighborly relations
with Myanmar.

He said Myanmar was among the first group of countries that forged
diplomatic ties with the People's Republic of China, and Sino-Myanmar
relations had maintained good momentum.

Xi also said the two countries should implement on-going projects to boost
their economies amid the global downturn.

He stressed that the Five Principles of Peaceful Coexistence were the
cornerstone of China's diplomacy, and as a good neighbor, China hoped
Myanmar would overcome difficulties to achieve stability and prosperity.

Maung Aye expressed gratitude for China's long-term assistance. He
particularly mentioned that China sent medical teams after Myanmar was hit
by a cyclone last year.

He reaffirmed Myanmar would support China's stance on the Taiwan and Tibet
issues.

Chinese Premier Wen Jiabao met with Maung Aye earlier Tuesday.

Hailing the 60-year diplomatic relationship, Wen said the two nations
enjoyed traditional friendship and broad common interests.

Maung Aye said his government valued the relationship with China.

Maung Aye came to China on an official visit scheduled for June 15 to 20
at Xi's invitation.

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June 16, Irrawaddy
Burma-China pipeline work to start in September – Wai Moe

Work on the delayed Sino-Burmese oil and gas pipelines will begin in
September and the project will be completed in 2012, one year ahead of
schedule, according to The China Security Journal.

The pipelines, constructed by the China National Petroleum Corp, will run
from the Burmese port of Kyaukpyu to Kunming, capital of China’s Yunnan
Province, the publication reported on Monday.

The pipelines will cut about 4,000km off the route tankers carrying Middle
East oil and gas for China now have to take, through the Strait of
Malacca. An estimated 85 percent of China’s imported energy requirements
will be carried by the pipelines.

Sources at the Sino-Burma border say China has started to move materials
for the pipelines project into Burma.

“I have seen Chinese containers for the pipelines project cross onto the
Burma side these days,” said Aung Kyaw Zaw, a Burmese observer based in
the border area.

Analysts believe China sees geopolitical possibilities as well as economic
benefits in building the pipelines through Burma. Beijing is expanding its
navy in the Pacific and Indian Oceans.

According to the International Institute for Strategic Studies, at least
five Chinese-assisted monitoring facilities are in Burma.

“Close to the key shipping lanes of the Indian Ocean and Southeast Asia,
Myanmar [Burma] could help China to extend its military reach into a
region of vital importance to Asian economies,” the Institute has noted.

“The bulk of Japan’s Middle East oil imports, for example, pass through
the area. China also wanted to check India’s growing strategic influence,”
it said.

The report on the pipelines appeared in The China Security Journal as the
Burmese junta’s No 2, Dep Sen-Gen Maung Aye, began a visit to China.

In a report on Maung Aye’s visit, China’s state-run Xinhua news agency
noted that Sino-Burmese trade had increased 26.4 percent, to a total value
of US $2.626 billion, in 2008.  Burma imported Chinese goods worth $1.978
billion and China’s investment in Burma amounted to $1.331 billion.

Analysts say Maung Aye’s talks with Chinese leaders in Beijing will cover
more than bilateral trade. Political issues and military ties are expected
to figure on the agenda.

It is felt that the international concern over the trial of pro-democracy
leader Aung San Suu Kyi could also be an issue. China has appealed for
dialogue and national reconciliation in Burma.

Another Chinese concern is the increasing tension between Burma’s
ceasefire ethnic armed groups and the Burmese military. Ahead of the 2010
elections in Burma, the junta wants all ceasefire groups to become “border
guard forces.”

Ethnic groups including the United Wa State Army, the Kokang army and the
Kachin Independence Army based on the Sino-Burmese border have not yet
accepted the junta’s plan for them. Under the plan, the Burmese military
would have command of the proposed border guard forces.

The junta has given the ceasefire groups until the end of June to accept
the plan.
Observers say a standoff between ceasefire groups and the Burmese army in
border areas could pose a threat to the pipelines project.

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HEALTH / AIDS

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DRUGS
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ASEAN

June 16, Irrawaddy
Suu Kyi’s detention affects Asean’s credibility: Thai PM

If the junta fails to release pro-democracy leader Aung San Suu Kyi, the
Association of Southeast Asian Nation’s (Asean) credibility will be
“affected inevitably,” Thai Prime Minster Abhisit Vejajjiva told The Far
Eastern Economic Review recently.

During the Far Eastern Economic View’s interview published on Tuesday, 16
June, Abhisit, who is now chairman of Asean, said Burma’s political
process will have to be inclusive to gain the acceptability and
respectability of the international community.

Thai Prime Minister Abhisit Vejjajiva, center, is surrounded by security
guards. (Photo: AP)
However, the Thai PM said the Burma issue is the responsibility of the
international community and not just Asean.

“I think it would be unfair to single out Asean and I think the whole
international community puts in an effort and if its not succeeding, why
single out Asean?” he said.

“On the contrary, we think that Asean has helped to facilitate possible
channels and processes by which the situation there can be resolved and
we’ll continue to do that,” he said, adding that UN Secretary-General Ban
Ki-moon would also play a role in the issue.

Commenting on Burma’s membership with Asean, Abhisit said Asean did not
want to isolate or alienate the Burmese military further.

 “I doubt that that would make the situation better now,” Abhisit said,
stating that it would be wrong to say it was the fault of Asean that
things were not going as well as people would like.

“We accept our responsibility and we’re doing what we can,” he said.

Answering a question about how confident Asean’s was of Suu Kyi’s release,
Abhisit said: “It’s difficult to say. It’s difficult for anybody to say
with certainty.”

Abhisit said that what Asean is looking at more is the direction that Than
Shwe and the leadership of Burma will take, which clearly begins with how
the trial plays out.

“So we’ll watch that,” Abhisit said.

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REGIONAL

June 16, Thai News Agency
Three Myanmar Rohingya arrested on trafficking charges

Three ethnic Rohingya men from Myanmar have been arrested by Thai
immigration police and the Department of Special Investigation (DSI) and
charged with involvement in transnational criminal activities.

Pol. Col. Tawee Sodsong, DSI chief, and representatives of the army and
the police bureau, jointly told the press Tuesday that the first Rohingya
man was arrested Monday in the northeastern province of Chaiyaphum.

The two other men were apprehended in Hat Yai in the southern provinces of
Songkhla, said Pol. Col. Tawee.

Police also seized computers, a number of items of falsified Thai
government documents and immigration stamps.

He said all the three men are also allegedly engaged in sending South
Asian people to third countries via Thailand and the seized documents
indicated showed that the trio might have supported militants operating in
Thailand’s southern border provinces.

Hundreds of Rohingya boat people have been arrested, mainly off the
southern province of Ranong bordering Myanmar. They have told Thai
authorities that they had escaped Myanmar and wanted to resettle in third
country for a better life and to also avoid discrimination imposed on them
by the Myanmar authorities.

Many of them have been deported by Thailand, but many remain following an
international outcry urging the Thai government to shelter the boat people
on humanitarian grounds.

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INTERNATIONAL

June 16, Reuters
Suu Kyi trial flouts justice, UN investigators say – Stephanie Nebehay

U.N. investigators said on Tuesday the trial of Myanmar opposition leader
Aung San Suu Kyi flouted international standards and urged the country's
military rulers to ensure it was open and fair.

In a strongly worded joint statement, the five human rights investigators
noted a U.N. panel issued an advisory ruling a year ago that the Nobel
laureate's continued house arrest was arbitrary.

The trial of Suu Kyi and of American John Yettaw, whose uninvited visit to
her home last month was deemed a breach of her house arrest, is set to
resume on June 26.

"The five experts called upon the authorities of Myanmar to allow the
justice system to function in an independent and impartial manner, so as
to guarantee an open and fair trial for the defendants, and to grant
unfettered media access," the joint statement said.

Suu Kyi says the trial is politically motivated to keep her in detention
during next year's multi-party elections.

"So far, the trial of Aung San Suu Kyi and her aides has been marred by
flagrant violations of substantive and procedural rights," said Leandro
Despouy, the U.N. special rapporteur on the independence of judges and
lawyers.

"Transparency in the administration of justice is a pre-requisite of any
state governed by the rule of law," added Despouy, an Argentine lawyer.

All witnesses with relevant evidence must be allowed to testify, he said.
Only one witness called by the defence had been permitted to give evidence
so far, although a second has been granted permission, compared with 14
called for the prosecution.

The trial had mostly been conducted behind closed doors and the media were
prevented from speaking to the defence lawyers, according to the statement
issued in Geneva.

"National and international media should be granted full access to the
trial," said Frank La Rue, U.N. special rapporteur on freedom of opinion
and expression.

The U.N. working group on arbitrary detention declared arbitrary her house
arrest after May 2008. Chairwoman Manuela Carmena Castrilo said on Tuesday
this meant "Aung San Suu Kyi needs to be released immediately and
unconditionally".

Suu Kyi faces up to five years in prison if found guilty of violating her
house arrest after Yettaw swam across Inya lake and stayed for two nights
at her Yangon home. (Editing by Andrew Dobbie)

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INTERVIEW

June 16, Far Eastern Economic Review
Thai PM Abhisit on Burma and Asean – Haseenah Koyakutty


Haseenah Koyakutty, a freelance Southeast Asia correspondent, spoke
recently with the Prime Minister of Thailand Abhisit Vejajjiva. The
exclusive interview dealt largely with how the Association of Southeast
Asian Nations (Asean) should handle the junta in Myanmar in the wake of
the recent trial of Nobel laureate and pro-democracy leader Aung San Suu
Kyi. Mr. Abhisit is the current chairman of Asean, which advocates
engagement with the Myanmar regime. Below are excerpts of the interview.

Ms. Koyakutty: There’s a perception out there that Asean has been
ineffectual in dealing with the Myanmar issue. How concerned are you as
the chairman of Asean?

Prime Minister Abhisit: I think it would be unfair to single out Asean and
I think the whole international community puts in an effort and if its not
succeeding, why single out Asean? On the contrary, we think that Asean has
helped to facilitate possible channels and processes by which the
situation there can be resolved and we’ll continue to do that. We hope
that the U.N. secretary general will also play a role and we would do what
we can to facilitate that.

Q: You say why single out Asean, but Asean was the one that brought
Myanmar into the club, presumably you have clout and leverage over Myanmar
and you’ve not been able to influence them, why is that?

Do a mind exercise ... suppose we have taken the approach of isolating or
alienating Myanmar even further, I doubt that that would make the
situation better now, so I think it would be wrong to just say that
Myanmar is now part of Asean and things are not going as well as people
would like... and say that somehow that was the fault of Asean. We accept
our responsibilities and we’re doing what we can.

Q: How confident are you that Ms Aung Sang Suu Kyi will be released?

It’s difficult to say. It’s difficult for anybody to say with certainty.
We hope that the sentiments that we and the rest of the international
community have expressed will have some bearing on how Myanmar decides to
go forward because what is at stake is not just the case of Aung Sang Suu
Kyi but also the acceptability of the political process as it moves
forward as a whole, and clearly Myanmar has taken a lot of time and effort
to draw up this roadmap [to democracy]. And I don’t see why they would not
want it to succeed.

Q: And what happens if they continue to detain her? What will Asean and
Thailand’s response be?

We will have to consult but clearly our stance has been and will always be
that the political process in Myanmar will have to be inclusive to gain
the acceptability and respectability of the international community.
Otherwise, obviously, her credibility and Asean’s credibility will be
affected inevitably.

Q: Thailand is a very close neighbor of Myanmar’s, and I think a lot of
people in the international community are wondering how much access do you
really have to the generals there?

If you recall the time when [Cyclone] Nargis struck, clearly, we had that
channel, we had that access.

Q: And how have you been using that access?

Well, again, going back to Nargis, it was us who provided that channel and
in the end allowed the international community to do a lot of work for the
Myanmar people. So that proves the value of earning the trust of Myanmar
and so we have to strike that balance, it’s not easy to do so but we are
determined to do it.

Q: What can you tell us about Senior-General Than Shwe?

I don’t think I’m in a position to say much at the moment; I think what we
are looking at is more the direction that Than-Shwe and the leadership of
Myanmar would take and clearly, it begins with how the trial plays out and
so we’ll watch that.

Q: How far reaching is Thailand’s business engagements with the regime and
how has that changed under your leadership?

We’re neighbors and there is clearly an energy link but having said that,
there is a lot of Western business presence in Myanmar. Again, we share a
long common border and there’s a lot of border trade too, and the energy
that we buy from Myanmar is the same as we buy from our neighbors. And we
have to make sure that we ensure our people have enough energy and
security. So I don’t think it’s particularly surprising or special and it
wouldn’t in any way detract us from the goal that we would like to see
Myanmar succeeding in her political transition.

Q: Do you think that’s keeping the regime afloat?

I don’t think so, I don’t think that would be the right conclusion to draw
and as I say, there’s so many other businesses around and other
governments also have contacts with Myanmar, I don’t think it would be the
decisive factor.

Q: I think of larger concern to a lot of people is the deep-rooted
authoritarianism in Southeast Asia. Why do you think it’s so hard for the
military to leave politics?

Well I think, is it just the military? I see a lot of leaders around the
world who find it hard to give up power.

Q: And specifically military leaders because they have the hard power?

They’re used to one system and you know making the transition is never
easy. It hasn’t been easy elsewhere; it shouldn’t be surprising that it is
not easy there.

 Q: Now in Thailand you’re not exactly a shining example for Myanmar
because you’ve had coups after coups. You’ve had silent coups, judicial
coups, not-so-silent coups and colorful coups; do you think that Myanmar
is going to go down that road if and when it flings its door open to a
more civilianized government? And how concerned are you that Thailand
isn’t exactly a model in that


I don’t think it is accurate to try to portray some changes and coin them
in terms of coup. I could do that with other democracies too. I think we
should note that at least for Thailand when we did have a real coup which
is extra-constitutional changes, the experience is clear: These days we
return to democracy and elections as soon as possible. And that even the
people who carry out the coup are very sensitive to democratic demands.
They have to go through the referendum process for the Constitution for
instance and they were very careful not to use extra powers even when they
were in office.

Q: But American listeners are particularly curious as to why all the
American training and influence in Thailand has not really had an impact
if you’re still having coups after coups given that Thailand is now a very
modern polity.

We’ve had democracy for over just over almost 80 years and a lot of
democracies had centuries, they went through civil wars, they went through
bloodshed probably worse than what we’ve seen in Thailand, so you know the
process of maturity, of democracy maturing isn’t always smooth but I’m
still confident that the direction and evolution of the system is such
that democracy gets stronger.

Q: Can you describe to our audience what is Thailand’s brand of democracy?

We are a liberal democracy but we are a maturing and a growing democracy,
and we are going through a time of growing pains.

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PRESS RELEASE

June 16, United Nations
UN human rights experts urge fair and open trial for Aung San Suu Kyi

Five independent United Nations human rights experts* on Tuesday urged the
authorities of Myanmar to ensure that the trial of Aung San Suu Kyi, the
leader of the National League for Democracy and Nobel Peace Prize
laureate, and two of her aides, is “fair and open.”

“So far, the trial of Aung San Suu Kyi and her aides has been marred by
flagrant violations of substantive and procedural rights,” said Leandro
Despouy, the Special Rapporteur on the independence of judges and lawyers.
Pointing to the fact that, to date, the trial has mostly been conducted
behind closed doors and that the media have been prevented from speaking
to the defence lawyers, Despouy said that “Transparency in the
administration of justice is a pre-requisite of any State governed by the
rule of law.”

Noting the political transition to which the Myanmar leadership has
committed itself, the experts emphasized the requirement in democratic
society for trials to be conducted openly. “National and international
media should be granted full access to the trial,” said the Special
Rapporteur on freedom of opinion and expression, Frank La Rue.

While the prosecution was allowed to call 14 witnesses, most of them
policemen, only one witness called by the defense team has so far been
permitted to testify. Applications for another three defense witnesses to
testify have been made. Last week a second defense witness was granted
permission to be heard in the case. “While this is a significant step
forward, the court must ensure that all witnesses who may have relevant
evidence are able to testify,” Despouy said.

“The court has the duty to conduct the proceedings fairly and to respect
the rights of the parties as a pre-requisite to the principle of equality
of arms and the right to defense,” he said, adding that it is essential
that the justice system examines the compatibility of Aung San Suu Kyi’s
continued house arrest with domestic law and international standards.

The Chairperson of the UN Working Group on Arbitrary Detention Manuela
Carmena Castrilo said the Working Group had declared that the continuation
of the house arrest after May 2008 was arbitrary according to
international standards and also violated Myanmar’s own laws (Opinion
46/2008). For this reason Aung San Suu Kyi needs to be released
immediately and unconditionally, the experts concluded.

On 14 May 2009, Aung San Suu Kyi and two of her aides were taken by
security forces to Insein Prison, where they continue to stand trial
before an ad hoc special tribunal. They were charged under Myanmar’s State
Protection Law 1975 after an individual swam across Lake Inya and spent
two nights at Aung San Suu Kyi’s home.

Aung San Suu Kyi has been subjected to house arrest for more than 13 of
the past 19 years. She was rearrested on 30 May 2003, and her house arrest
was subsequently extended until it reached the maximum term permitted
under Myanmar’s own laws in May 2008. It was then illegally extended for
another year by the authorities.

Therefore, the moment the incident occurred, Aung San Suu Kyi should not
have been under house arrest. Furthermore “If the State assumes the
responsibility to prevent access to the house of Aung San Suu Kyi,” the
experts said, “how can she then be held criminally liable for an unwanted
intrusion?”

Since she was placed under house arrest in 2003, Aung San Suu Kyi has
never been brought before a judge. It seems paradoxical that now – one
year after the expiration of the house arrest – the justice system is
being used to justify a further restriction of her liberty.

The five experts called upon the authorities of Myanmar to allow the
justice system to function in an independent and impartial manner, so as
to guarantee an open and fair trial for the defendants, and to grant
unfettered media access.

* The Chairperson-Rapporteur of the Working Group on Arbitrary Detention,
Ms. Manuela Carmena Castrilo; the Special Rapporteur on the independence
of judges and lawyers, Mr. Leandro Despouy; the Special Rapporteur on the
situation of human rights in Myanmar, Mr. Tomas Ojea Quintana; the Special
Rapporteur on the situation of human rights defenders, Ms. Margaret
Sekaggya; and the Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression, Mr. Frank La Rue

ENDS

For more information or interviews, please call: Julia Raue + 41 22 917
9158 or Sisi Shahidzadeh + 41 22 928 9214