Tuesday, August 11, 2009

Kangaroo Court, Insane Jail -- posted with permission

Dear Friends,

Here is an excerpted eyewitness account of the junta's
real-life theater that just ended its latest episode.
The fat lady has not sung on the Burmese theatre - the plot
is just simply thickening.
Best,
****


Kangaroo Court, Insane Jail, Rangoon 11 August 2009

At 0940 hr Daw Aung San Suu Kyi's lawyers arrived, followed
by Foreign Correspondents who arrived around 1000.
Before the trial started, a few diplomats went and spoke with U Nyan Win, one of ASSK's lawyers.
The intruder Yettaw arrived at 1045 hr. He seemed to be in good health.
ASSK and her two aides were ushered in 3 minutes later; the audiencestood up and Daw ASSK greeted them by saying, "Sorry to keep you waiting. Let's see what happens."
The judge started to read out the sentence statement for Yettaw. He summed up the arguments presented by both prosecutors and defence attorneys.

The judges found Yettaw guilty for the charges made under Immigration Act 1947 and Municipal Law 1990.
On the SPDC Court's legal reasoning:
The judges summed up different arguments presented by the prosecutors and the defense.
The prosecutors had argued that Aung San Suu Kyi was under restriction according to the State Protection Law, restriction order and prohibition order. As for the restriction order, certain sections of her fundamental rights prescribed in the 1974
constitution had been restricted; In addition to the restriction
order, a prohibition order was issued. The prohibitions in the order are : 1) not to contact embassies and political parties and those connected with the political parties, 2) not to go outside except the house and 3) not to contact outsiders by post, by telegram or by phone.

The defence lawyers had argued that Aung San Suu Kyi had been prohibited to initiate or send out communications, but she had not been prohibited from receiving communication such as accepting letters.

The judges rejected the defense's reasoning. They also said it was not a constitutional dispute. They found ASSK guilty for receiving Yettaw in her house and receiving letter from his daughter etc. while she was under prohibition order.

ASSK was sentence to 3 years' imprisonment with labor. Khin Khin Win, Win Ma Ma and John Yettaw were also given 3 years' imprisonment with labor.

ENTER BO (GENERAL) THAN SHWE, THE SELF-STYLED HERO OF THE HOUR: Home Affairs Minister's Statement

Immediately after the trial after 12:00 p.m., the audience was asked to wait for a while for the briefing of the Minister for Home Affairs, Maj-Gen Maung Oo.
Maung Oo said the case was now finished as far as the judiciary was concerned. He added he was there to read out four orders as far as the executive branch was concerned.
Two orders were for ASSK, from the Office of the Chairman of the SPDC (Than Shwe) and Home Affairs Ministers respectively.
The other two orders were for Khin Khin Win and Win Ma Ma, also from Than Shwe and Home Affairs.
The order from Than Shwe (dated 10.8.2009) said the SPDC was unhappy with the court unavoidably having to put ASSK on trial and figured out ways to commute her sentence if ever she was found guilty. He is exercising this power according to Criminal Procedure Code
Section 401(5). The reason was ASSK being the daughter of national independence hero, Aung San. ASSK's sentence will be commuted to half and for the remaining
period will be suspended sentence. During her suspended sentence, she will have to live at her University Avenue house and abide by the rules. If she lives according to the rules, she will get the amnesty before her suspended sentence is over.
She will have access to medical care. She will be able to watch two official TV channels (MRTV and Myawaddy). She will be allowed to read state newspapers and local journals and magazines. She will be able to receive guests after getting permission from authorities.

The orders for her two assistants said they will also
be allowed to live together with ASSK for her welfare. The same conditions for amnesty and rules will apply for them too.

ASSK said to the audience that she hoped there were "opportunities for us to work together for peace and prosperity for my country."

As of 15:00, MRTV-4 is also broadcasting the news about the verdict as breaking news.

Section 401(5) reads: "Nothing herein contained shall be deemed to interfere with the right of the President of the Union to grant pardons, reprieves, respites or remissions of punishment.

It was like a show. After the court was over, curtains were immediately drawn and a "Correctional Department" speech stand was taken out.

I thought "Whatever!"

Home Minister ("home min") Brigadier Maung Oo entered to read out the orders. Disgruntled U Kyi Win refused to leave and so Maung Oo asked his men to remove the old man from the premise.

===================
Here is the Chinese official media coverage of the verdict:

www.chinaview.cn 2009-08-11 16:48:23

YANGON, Aug. 11 (Xinhua) -- Myanmar government gave some reasons to commute Aung San Suu Kyi's three-year sentence to 18-month under house arrest on Tuesday.

The Myanmar district court sentenced her to three years in prison for violating her terms of house arrest but the ruling State Peace and Development Council reduced her prison term to one and a half years confinement to her residence according to an order signed by its chairman Senior-General Than Shwe on Monday.

The commutation was made on grounds of her father, General AungSan, once being a national hero and for national reconciliation and democratic process, the order said.

As revealed by Home Minister Major-General Maung Oo, the remaining one and a half years' term out of the three years' would be suspended for carrying out.

Over the period of suspension, Aung San Suu Kyi is set to stay at her Yangon lake-side residence with prescriptions that she is allowed to watch state-run MRTV and read newspapers as well as receiving medical treatment.

She is also granted to meet guests but with permission by the government, and if there is any demand, she can present it in writing.

Under such conditions, if she abides by the rule prescribed forher, all the remaining terms could be exempted, the minister said.

According to Tuesday's verdict of the court, Aung San Suu Kyi's two female housemates, Khin Khin Win and Win Ma Ma, were also sentenced to three years' prison terms each but were also given one and a half years' commutation by the Myanmar SPDC
chairman.

The remaining one a half years' terms set the two housemates to stay at home together with Aung San Suu Kyi.

According to the court verdict, the American citizen John William Yettaw was given a seven-year jail term.

From Myanmar Now--bumbling SAC propagandist-- SACK!--+ don't trust Hunterbrook Media--

Myanmar’s military regime is not renowned for its sophisticated propaganda machine. Much of what passes for strategic messaging from the rul...