By Ariel Lin
Impunity Watch Reporter, Asia
YANGONG, Myanmar – A defense lawyer, Saw Kyaw Kyaw Min, who fled to Thailand, has spoken out about delays and restrictions in the Myanmar judicial system. Saw Kyaw Kyaw Min and fellow lawyer Nyi Nyi Htwe were representing 11 youths who had staged a protest march in Rangoon. Saw Kyaw Kyaw Min and Nyi Nyi Htwe were charged with intentional insult to a public servant sitting in judicial proceedings after three of his clients turned their backs to the court during their trial as a protest against the legal process. The Hlaing Thaya township court in Rangoon sentenced them to six months in prison.
Saw Kyaw Kyaw Min told reporters in Thailand that his clients were arrested by police, and were mentally and physically tortured to obtain evidence that they had committed the crime.
“Evidence obtained in such a manner by the police was then used in court. In that case, I examined five witnesses before I fled the country,” he said.
He also described to Human Rights Watch the secretive workings of the Myanmar’s legal system. He said political activists awaiting sentencing in prison can meet with their defense lawyers only at police custody centers with police and intelligence officers present. Trials are often shrouded in secrecy, with lawyers not informed when their clients are to appear in court. Lawyers representing political prisoners face arbitrary delays when requesting assistance from authorities or documents such as case files, he added.
At a year-end news conference, United Nations Secretary-General Ban Ki-moon has criticized the Myanmar Junta for not following through on its promises of advancement towards democracy. Mr. Ban said Junta has failed to engage in democratic dialogue and release its political prisoners. The United Nations has repeatedly called on Myanmar Junta to release democracy leader Aung San Suu Kyi, who is under house arrested for 13 of the past 19 years, as well as all other political prisoners.
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For more information, please see:
Democratic Voice of Burma – Exiled lawyer slams Burmese legal system – 16 December 2008
Human Rights Watch – Burma: Lawyer’s Testimony Highlights Distorted Justice– 16 December 2008
Irrawaddy – Burmese Defense Lawyer Flees to Thailand, Blasts Regime – 15 December 2008
Radio Free Asia – Burmese Lawyer Flees, Speaks Out – 18 December 2008
Voice of America – UN Chief Criticizes Burma for Lack of Democratic Progress – 18 December 2008
