#KOH #TAO #MURDER #CASE #Koh #Samui #COURT #1day

In addition many issue prosecution seemingly hoped to come out did not as key witness said didn’t know forgot or couldn’t see images clearly

Whilst fully respect court decision proceed witness testimony 2day personally believe decision impeded again accused right to fair trial.

Appointed defense lawyers had 30 minutes with accused yesterday and arrived late last night. Right to fair trial means adequate prep time.
Defense team strongly request witness hearing postponed today for 1 month for time to prepare. Prosecution cited fear witnesses abscond. Court refused defense petition and heard the witnesses today.
Today court heard testimony from 3 male witnesses, 2 documented, 1 undocumented. All young. One witness holding guitar at all times.

Samui court Koh Tao case now ended1st day advance hearing of 3 complete prosecution witnesses. All eyes turn back to prosecutor/police.
Next stage police complete case file modifications according to prosecutor request and send back to prosecutor for decision prosecute or not

The 2 myanmar migrant accused in Koh Tao murder case both appeared in court today sitting just in front of me looking calm and seemed in good health, chatting together like young brothers or friends.
When in court, looking at them, couldn’t help wonder if the 2 young small accused myanmar migrants before me really knew they are at center of an international political storm.

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Speaking with head of Koh Tao murder investigation police team Major General Paween at Samui court today

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Morning,  from Koh Samui island to attend 1st hearing for witness statements Koh Tao murder case 10am Koh Samui court

Accused migrants in Koh Tao murder case appointed lawyers team in Koh Samui prison 2day, an array of Thailand’s best human rights lawyers.

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Deeply concerned how defence lawyers, arrived island late 2day, spend minutes with accused, can prepare in time hearing starting 10am 2day

BURMA – Myanmar Police Used Phosphorus on LADPADAUNG Protesters, Lawyers Say

A group of lawyers investigating a violent crackdown in Myanmar that left Buddhist monks and villagers with serious burns has concluded that police used white phosphorus, a munition normally reserved for warfare, to disperse protesters.

The suppression in November of a protest outside a controversial copper mine in central Myanmar shocked the Burmese public after images of critically injured monks circulated across the country. It also gave rise to fears that the civilian government of President Thein Sein, which came to power in 2011, was using the same repressive methods as the military governments that preceded it.

Burmese attorneys together with an American human rights lawyer gathered evidence at the site of the protest, including a metal canister that protesters said was fired by the police. The canister was brought to a private laboratory in Bangkok, where a technician determined that residue inside it contained high levels of phosphorus. Access to the canister and a copy of the laboratory report were provided to a reporter.

“We are confident that they used a munition that contained phosphorus,” said U Thein Than Oo, the head of the legal committee of the Upper Burma Lawyers Network, which helped conduct the investigation. “They wanted to warn the entire population not to protest. They wanted to intimidate the people.”

White Phosphorus has many uses in war – as a smoke screen or incendiary weapon – but is rarely if ever used by police forces.

Reached on Wednesday, Zaw Htay, a director in the office of President Thein Sein, declined to comment on what kind of weapon was used. “I can’t say. I can’t answer,” he said.

John Hart, a senior researcher at the Chemical Weapons Program of the Stockholm International Peace Research Institute, said by e-mail that although white phosphorus is not considered a chemical weapon under a 1993 international convention, it is banned from uses that “cause death or other harm through the toxic properties of the chemical.” Continue reading “BURMA – Myanmar Police Used Phosphorus on LADPADAUNG Protesters, Lawyers Say”

Burma_Myanmar authorities urged to preserve ancient buildings-video_Pics

photo credit Ah Bay Yah

Myanmar authorities have granted permission to a lawyers’ group to stage a protest against the plan to refashion Yangon’s ancient buildings into new ones.

Earlier, the Lawyers Network (LN) sent a complaint letter to the president and the speakers of the parliament, urging them to stop the projects that will turn the Yangon Region High Court into a museum and the Yangon Region Small Causes Court into a hotel.  When no action was taken, over 100 lawyers decided to hold a rally scheduled on October 17.

“We submitted a letter to authorities last Tuesday to allow [us to hold a] demonstration. We are scheduled to start our protest outside the high court at 10 am. Then we will assemble in front of the Small Causes Court. We are will also hold a press conference,” said Soe Tint Yi, a member of the LN work committee.

The demonstrators will be asking the government to let the Yangon Region High Court and Small Causes Court remain as they are. The group said the two buildings are considered as national treasures.  The lawyers also said should international disputes come up, the courts, which are magnificent and spacious, should be used.

The group will also be demanding for lower prices for revenue stamps, which increased by 100 percent without the parliament’s approval.

“A sudden, sharp increase in revenue stamp prices will make it unable for the public to engage in court cases,” said Ko Ni, an advocate.

http://elevenmyanmar.com/national/977-myanmar-authorities-urged-to-preserve-ancient-buildings

BURMA-Myanmar : Lawyers can get revoked licences back, govt says

FOR IMMEDIATE RELEASE
PRESS RELEASE

AHRC-PRL-017-2012

BURMA: Lawyers can get revoked licences back, govt says

 

(Hong Kong, May 25, 2012) Lawyers and other professionals who have lost their licences for prior involvement in politics can now apply to get them back, according to copies of documents obtained by the Asian Human Rights Commission this month.

In a written reply dated April 24 to a question submitted by an MP in January, the government has indicated that lawyers, doctors and licenced educational tutors can now get their licences back if “no cause exists to deny them on grounds of codes of conduct or discipline under the relevant laws and rules”.

The AHRC, which has been campaigning for 32 lawyers who had their licences revoked for political reasons, many of whom also spent time in jail, welcomed the news.

Wong Kai Shing, the Hong Kong-based regional group’s executive director, said he hoped lawyers who had lost licences for political reasons or for working on human rights cases would soon get them back.

“None of these 32 lawyers, plus at least two others of which we are also aware, violated any laws or rules to warrant the revocation of their licences,” Wong said.

“Furthermore, government authorities themselves violated the rules by unilaterally revoking the licences, and by failing to allow these lawyers to represent themselves in full and open inquiries into their alleged infractions,” he noted.

“Therefore, we expect that if these lawyers’ applications are assessed fairly and according to the terms of the two relevant laws on the licencing and practice of law, these professionals can again soon represent clients in court,” Wong added.

Wong also called for further unilateral revocations of licences to cease, and for no more lawyers to be investigated simply for representing the interests of their clients according to law.

Recently, the AHRC reported that two lawyers representing Phyo Wai Aung, a young man tortured to confess to a bombing in 2010 who has been sentenced to death by a closed court at the central prison, were accused of insulting the court. The judge ordered that they and their client be investigated for possible legal action. To date, the matter is pending.

The regional human rights group has also established a webpage in support of the lawyers who have lost their licences: http://www.humanrights.asia/countries/burma/disbarred-lawyers/ 

The webpage contains letters of appeal and brief details of the professionals who have lost their licences and the reasons that the licences were revoked. It also contains letters of support from professional groups around the world.

“We encourage lawyers and their associations everywhere to write letters in support of their peers in Burma, who for many years have struggled under very difficult conditions to represent not only their clients but also to stand up for fundamental human rights,” Wong said.

“Now these lawyers have a chance to get their licences to practice back, the more letters sent the better,” he urged.

Groups and individuals sending letters in support of the disbarred lawyers may choose to use the template of the letter available online, or write something from their own perspective.

Copies of letters sent can be forwarded to the Burma Desk of the AHRC, which with permission of the author will post them on the campaign webpage. Send them to: burma@ahrc.asia.

 

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.


Detained opposition leader Aung San Suu Kyi’s lawyers met her for about two hours on Thursday and discussed the appeal to be filed against her sentence.

Lawyers meet Suu Kyi to discuss appeal
by Mungpi
Thursday, 10 September 2009 23:06

New Delhi (Mizzima) – Detained opposition leader Aung San Suu Kyi’s lawyers met her for about two hours on Thursday and discussed the appeal to be filed against her sentence.

“We were allowed to meet her for about two hours and we basically discussed the appeal to be filed,” Nyan Win, one of her lawyers said.

Aung San Suu Kyi’s lawyers had filed a petition requesting the High Court to allow them to appeal against the decision by the Insein prison court, which sentenced her to a three-year prison term with hard labour.

The High Court accepted the submission and fixed September 18 for the hearing of arguments by Aung San Suu Kyi’s lawyers.

Though the district court had sentenced her to three years in jail, an executive order by Burma’s military supremo Snr. Gen Than Shwe halved Aung San Suu Kyi’s sentence to 18 months and allowed her to serve time at her lakeside home on Rangoon’s University Avenue.

Meanwhile, United States on Wednesday urged the Burmese regime to give the Nobel Peace Laureate a fair hearing on her appeal.

State Department spokesperson Ian Kelly told reporters during a regular press briefing that “We are aware that Aung San Suu Kyi will have an appeal heard in a couple of weeks. I don’t have the exact date right now. But we would urge a fair hearing of Aung San Suu Kyi’s appeal.”

Kelly said the US has made it clear to the Burmese government bilaterally as well as highlighted it at the multilateral level, like the Association of Southeast Asian Nations (ASEAN) of the need “to open up its political process, and most of all the need to free the more than 2,000 political prisoners that are incarcerated in Burma.”

“And we, of course, are not alone in those concerns. Our allies in Europe have also called for the release of political prisoners,” Kelly added.

Burma’s military rulers allowed the lawyers to spend one hour with Aung San Suu Kyi on Wednesday at her lakeside Rangoon villa.

Burma’s Aung San Suu Kyi Meets Lawyers to Discuss Appeal of Conviction

Detained Burmese opposition leader Aung San Suu Kyi has met with her lawyers to discuss an appeal of her conviction for violating the terms of her house arrest.

Burma’s military rulers allowed the lawyers to spend one hour with Aung San Suu Kyi on Wednesday at her lakeside Rangoon villa.

A Rangoon court convicted the opposition chief Tuesday of illegally permitting American John Yettaw to stay at her home in May after he swam there uninvited. The government then ordered her to spend another 18 months under house arrest.

One of the opposition chief’s lawyers, Nyan Win, says they will appeal the verdict after obtaining a certified copy of it. He says Aung San Suu Kyi also wants clarification of the terms of her house arrest, including her rights to receive visitors and medical personnel.

Her sentencing drew strong criticism from human rights groups, U.N. Secretary-General Ban Ki-moon and world leaders in North America, Europe and parts of Asia.

But China’s Foreign Ministry urged the world community Wednesday to respect what it calls Burma’s “judicial sovereignty.” China is one of the Burmese military’s few allies. Continue reading “Burma’s military rulers allowed the lawyers to spend one hour with Aung San Suu Kyi on Wednesday at her lakeside Rangoon villa.”

Kyi Win, a member of the legal team, told Mizzima that he along with three other colleagues – Nyan Win, Hla Myo Myint and Khin Htay Kywe – on Thursday met Aung San Suu Kyi for about two hours. They made a few changes in the draft final argument.

Aung San Suu Kyi meets lawyers to oversee final argument
by Mungpi & Myint Maung
Thursday, 23 July 2009 19:16

New Delhi (Mizzima) – Burma’s pro-democracy leader Aung San Suu Kyi on Thursday met her legal counsels and discussed the final argument to be submitted in court in Rangoon’s Insein prison on Friday.

Kyi Win, a member of the legal team, told Mizzima that he along with three other colleagues – Nyan Win, Hla Myo Myint and Khin Htay Kywe – on Thursday met Aung San Suu Kyi for about two hours. They made a few changes in the draft final argument.

“Tomorrow [Friday] we will submit the argument and Hla Myo Myint will speak in her defence,” Kyi Win said.

On Wednesday, the defence team was not allowed to meet the detained opposition leader, but since it needed to consult her on the draft final argument, Kyi Win said he had reapplied for permission, which was eventually granted.

“Officials came and informed us on Thursday that we have been granted permission. They took us to the prison at about 2 p.m. (local time). We concluded our meeting at about 4 p.m.” Kyi Win said.

He, however, refused to talk about the contents of the final argument. He only said that the defence will prove Aung San Suu Kyi’s innocence. Continue reading “Kyi Win, a member of the legal team, told Mizzima that he along with three other colleagues – Nyan Win, Hla Myo Myint and Khin Htay Kywe – on Thursday met Aung San Suu Kyi for about two hours. They made a few changes in the draft final argument.”