High Court accepts Suu Kyi’s revision case application

by Phanida
Friday, 13 November 2009 21:39

Chiang Mai (Mizzima) – The High Court today accepted the revision case application filed by opposition leader Aung San Suu Kyi’s lawyers.

The lawyers filed an appeal case against the lower court’s verdict for Suu Kyi, who is serving one and-a-half years suspended sentence at her home, but the Divisional Court dismissed the appeal on October 2, so they filed a revision case at the High Court today.

“We filed our application for Daw Aung San Suu Kyi’s revision case at the High Court today at about 10:30 a.m. The court accepted our application and gave us the case reference number — 600(b),” lawyer Kyi Win told Mizzima.

In the application, the lawyers pointed out that the 1974 constitution is no longer in existence and not in force anymore. So the verdict based on this constitution is inappropriate, Kyi Win said.

“The 1974 constitution is no longer in existence since 1988. How can it be in accordance with the law by imposing an internment order against Daw Aung San Suu Kyi by using a provision of this constitution? Using the dead constitution is unlawful,” he said.

The Rangoon North District Court sitting inside Insein prison sentenced Suu Kyi to three years in prison on August 11 this year for violating her house arrest terms. But the junta supremo Senior General Than Shwe by an executive order reduced her sentence to half to be served at her home.

Suu Kyi was tried for allowing an uninvited guest, an American John William Yettaw, who swam across Inya Lake and entered her house, according to him, to warn her of the danger of being assassinated. The incident coincided with the conclusion of her house arrest term due in a few days. But the junta released John Yettaw on humanitarian grounds.
mizzima

Myanmar’s Suu Kyi appeals to top court: lawyer

Myanmar pro-democracy leader Aung San Suu Kyi Friday lodged an appeal with the military-ruled country’s highest court against her extended house arrest, her main lawyer said.

The Nobel laureate was ordered to spend another 18 months in detention in August after a court convicted her over an incident in which a US man swam to her house. An initial appeal was rejected in October.

“We submitted the appeal petition to the supreme court. Now we must wait to find out whether the court will agree to hear the case,” Kyi Win, the head of Suu Kyi’s legal team, told AFP outside the court.

“We hope for the best,” Kyi Win said.

The fresh appeal came as Suu Kyi’s case was set to dominate an expected meeting between US President Barack Obama and the Myanmar junta’s prime minister in Singapore at a regional forum on Sunday.

US Secretary of State Hillary Clinton called on Myanmar on Thursday to free the 64-year-old Suu Kyi, who has been in jail or under house arrest for 14 of the last 20 years.

The ruling junta refused to recognise the landslide victory of her National League for Democracy in elections in 1990.

The extension of her house arrest effectively keeps her off the stage for new multi-party elections promised by the ruling generals some time in 2010.

Myanmar’s prime minister, Thein Sein, is expected to join Sunday’s meeting at the Asia-Pacific Economic Cooperation summit. The encounter would be the first meeting between a US president and a Myanmar leader in 43 years.
theage

Commentary:Ostensible verdict against Aung San Suu Kyi

by Tint Swe
Monday, 05 October 2009 13:00

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. Continue reading “Commentary:Ostensible verdict against Aung San Suu Kyi”

Burma Democratic Concern (BDC) press release on junta’s verdict on Aung San Suu Kyi show trial.

11 August 2009

Burma Democratic Concern (BDC) calls for United Nations Security Council to hold emergency meeting in order to send ultimate ultimatum demanding to free Aung San Suu Kyi or face collective practical action taken. We call for world leaders to take concrete immediate collective actions. United Nations Security Council must take practical action on Burma. Now is the time.

International Community has been calling for military regime to release Aung San Suu Kyi but junta ignores their pleas by passing down Aung San Suu Kyi to 18 months under house arrest again. This is the junta’s cunning act which is tantamount to turning their back on dialogue and ultimately national reconciliation.

Burma Democratic Concern (BDC) warned very first in advance on 12 May 2009 that junta is plotting the ploy to imprison Aung San Suu Kyi. Now, the most fearful thing which we had anticipated has come true.

Aung San Suu Kyi once said that “It is even appropriate or justified for the international community carries out the responsibility to intervene in the internal affairs of another country whose power are creating hell for the population. The international community as a whole should recognise that it has got responsibilities. It can’t ignore grave injustices that are going on within the borders of any particular country.”

Burma crisis is in pivotal state. In Burma, there is no rule of law and junta is always above the law. Aung San Suu Kyi was elected by the citizens of Burma in the 1990 General Election. Ironically that election was conducted by the same generals who suppress Burma today. International Community must take united and coordinated action through United Nations Security Council to force junta to come to dialogue table and to free Aung San Suu Kyi along with thousands of political prisoners.

For more information please contact

Myo Thein
00-44-78 7788 2386
00-44-20 8493 9137
myothein@bdcburma.org
myothein19@gmail.com

Five facts about Myanmar’s Aung San Suu Kyi

Reuters) – A Myanmar court found opposition leader Aung San Suu Kyi guilty on Tuesday of violating a security law, a ruling likely to trigger condemnation around the world and further isolate the military regime.

Suu Kyi was sentenced to three years in prison, which was reduced by half by the ruling junta. Authorities will allow Suu Kyi to serve her sentence at her Yangon home.There is little chance she will play a role in next year’s election, the first in Myanmar since the 1990 polls that her party won and the junta ignored.

Here are five facts about Suu Kyi, who went from being an English country housewife to an incarcerated Nobel peace laureate because of her fight for democracy in the Southeast Asian country.

— Born in Rangoon (now Yangon) in June 1945, she is the daughter of General Aung San, an independence hero in the former Burma who was assassinated in 1947. Her mother Daw Khin Kyi was also a prominent public figure.

— She studied politics in Delhi and philosophy, politics and economics at Britain’s Oxford University. In 1972 she married British academic Michael Aris. Continue reading “Five facts about Myanmar’s Aung San Suu Kyi”

Burma’s Aung San Suu Kyi ‘guilty’

Burmese pro-democracy leader Aung San Suu Kyi has been sentenced to an additional 18 months house arrest by a court in Rangoon.
Ms Suu Kyi, a Nobel peace laureate, was convicted of breaking the terms of her house arrest by allowing a US man into her lakeside home in May.
She was jailed for three years with hard labour, but this was commuted to house arrest, an official said.
The American national, John Yettaw, is also on trial.
Ms Suu Kyi had denied the charge but said she expected to be convicted.
Journalists had unexpectedly been allowed to enter the courtroom in Rangoon’s Insein prison shortly before the sentence was announced.
Following the reading of Ms Suu Kyi’s sentence there was a five-minute recess before the country’s home minister entered the courtroom and read out a special order from Burma’s military ruler Than Shwe.
The order said he was commuting the sentence and that it could be served under house arrest.
http://news.bbc.co.uk/2/hi/asia-pacific/8194596.stm

Breaking News:Aung San Suu Kyi was sentenced to three years’ jail and hard labour by a Myanmar court Tuesday, but the head of the ruling junta commuted the punishment to 18 months’ house arrest, a minister said.

The court sentenced her on charges of breaching the terms of her house arrest after a bizarre incident in which an American man, John Yettaw, swam to her lakeside house in May, an AFP correspondent in court said.
But Home Affairs minister General Maung Oo said outside the court that military ruler Than Shwe had signed a special order suspending the sentence and ordered that Suu Kyi should spend 18 months under house arrest.

At a press conference here as part of Asean’s 42nd anniversary celebration on August 8, Surin virtually admitted how the issue of Suu Kyi’s trial by the military junta that runs Burma has burdened Asean

As the day the verdict is set to be handed down on Burmese opposition leader Aung San Suu Kyi happens Tuesday (August 11), Association of Southeast Asian Nations (Asean) Secretary General Dr. Surin Pitsuwan has expressed hope the judgment would lead to “stability, reconciliation and calm”.

At a press conference here as part of Asean’s 42nd anniversary celebration on August 8, Surin virtually admitted how the issue of Suu Kyi’s trial by the military junta that runs Burma has burdened Asean.

“An issue has been with us and has been rather difficult for us all along but I don’t want to speculate on what the verdict (would be) and (its) impact (on Asean),” said Surin.A Burmese court is scheduled to deliver its verdict on Tuesday after postponing it earlier this month.

Suu Kyi, 64, has been charged with harboring an American for two days in her lakeside home after the man swam there.

The Nobel Peace laureate has been under house arrest 14 of the last 20 years, since winning in national elections that would have swept the military out of power in the country.

A guilty verdict means a five-year prison term. The American, John Yettaw, was also charged.

But diplomats and officials said the verdict could be postponed once again as Yettaw—who sparked the case by swimming to the lakeside home in May—remained in hospital after suffering repeated epileptic seizures.

“If Yettaw’s health does not improve or deteriorates we are heading toward a postponement. We will know more on Monday,” said a Western diplomat, asking not to be named.

Surin said the verdict should be respected.

He said the international community’s concern over Suu Kyi’s trial has been made known to the military junta in every way possible.

“We’ve been using every opportunity, every forum, every meeting to pass on that message and bilateral channels are being used from capitals of Asean to Myanmar expressing support and concern and the wish that the issue be resolved and lead to genuine national reconciliation so that we could move on to other fronts with our dialogue partners all over the world,” Surin said.
http://www.asianewsnet.net/news.php?id=7268&sec=1

Suu Kyi Braces for Verdict, Reporters in Court

Burma — Journalists in Burma were unexpectedly allowed to enter the courtroom Tuesday ahead of a scheduled verdict in pro-democracy leader Aung San Suu Kyi’s highly watched trial.

The 64-year-old Nobel Peace Prize winner is charged with violating the terms of her lengthy house arrest when an American intruder swam across a lake and spent two nights at her home in early May. She faces up to five years in prison.

Tuesday’s decision to admit journalists to the courtroom came minutes before the hearing was due to begin. Diplomats were also present at the court inside Rangoon’s closely guarded Insein prison.

Journalists have been allowed to cover proceedings on only two prior occasions since the trial started May 18. continue
http://www.foxnews.com/story/0,2933,538880,00.html

Myanmar Military regime response to Global Action for Burma (GAB)

ကၽြန္ေတာ္ အုတ္လွငယ္ တစ္ေယာက္ ပ်င္းပ်င္းရွိတာနဲ႔ အိမ္က လက္ေတာ့အစုတ္ေလးကို ထုတ္ၿပီး လယ္ကြင္းထဲကေန အင္တာနက္ထဲ ၀င္ၾကည့္လိုက္တယ္ ။ ဘာျဖစ္လို႔လဲ ဆိုေတာ့ မနက္ျဖန္ (၃၁-၇-၂၀၀၉)မွာ ဒီမိုေတြရဲ့ မယ္ေတာ္ႀကီး ေဒၚစုၾကည္ ကို အေမရိကန္ ႏိုင္ငံသား Mr. John William Yettaw ကိစၥနဲ႕ ပတ္သက္ၿပီး နိဳင္ငံေတာ္ အစိုးရက ထိုက္သင့္တဲ့ အျပစ္ဒဏ္ ေပးမွာ ျဖစ္တဲ့ အတြက္ ျပည္ပက ေဒၚလာစား ဒီမိုအဖြဲ႕ေတြက ဘာအခမ္းအနားေတြမ်ား လုပ္ၾကမလဲလို႔ Google Search နဲ႔ ရွာၾကည့္လိုက္ေတာ့ ဘာမွ မေတြ႕ဘူးျဖစ္သြားတယ္။ continue
http://bdc-burma.blogspot.com/2009/08/mr.html