Wednesday, August 12, 2009

Opinions on Aung San Suu Kyi’s sentence

 
by Mizzima News
Tuesday, 11 August 2009 18:37

New Delhi (Mizzima) – The Rangoon North District court inside Insein prison sentenced pro-democracy leader Daw Aung San Suu Kyi today and then commuted the sentence and allowed her to serve the sentence at her home for 18 months.

The trial followed a visit by an uninvited guest American John William Yettaw, who swam across the Inya Lake and intruded into her house in early May this year. She was charged with violating the terms of her house arrest and the trial started on May 18.

We present here the opinions of pro-democracy activists and politicians at home and abroad.

Aye Thar Aung
Secretary, Committee Representing People’s Parliament (CRPP)

“After seeing the trumped up case against her using the visit by John Yettaw as a pretext, I foresaw and foretold she would certainly be given some sort of prison sentence. The reason is very clear. They (junta) do not want to release her before the general election. So I see this is a conspiracy of the junta by giving her additional punishment. As I said before and guessed, she was given three years’ prison sentence. Then the sentence was suspended and passed for one and-a-half years. I’d like to say as I foresaw and foretold, Daw Aung San Suu Kyi was framed in a false case and now given a prison sentence with the sole intention of not releasing her before 2010 general election”.

“Disregard of the place from where she is serving her sentence, as a political leader, if she is not permitted to be in touch with her party members and people, is in fact putting her behind bars. There’s no difference”.

“She is totally innocent according to law and the facts of the visit by John Yettaw. Those responsible for this uninvited visit are, in fact, John William Yettaw and the security cordon deployed at her house. Daw Aung San Suu Kyi is innocent. There’s no reason to continue her detention as she is innocent”.

“It will be very difficult for the international community to accept the result of the 2010 general election. I think there will be very little chance to accept the 2010 general election result and the new government after this result by the people and international community, because now they have handed out a prison term to Daw Aung San Suu Kyi. But the demands made by NLD are releasing Daw Aung San Suu Kyi along with all political prisoners, amend the 2008 constitution and to hold free and fair elections. Now they have imprisoned Daw Aung San Suu Kyi and are also unlikely to release other political prisoners. So people and the international community are unlikely to accept the pre- 2010 and post-2010 scenarios. This is my opinion and conclusion”.

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Nyan Win
Aung San Suu Kyi’s lawyer & spokesperson for the NLD

“I like the Home Minister’s exercising his executive power but I don’t like the court’s guilty verdict as it is against the law. I don’t agree with the court. But I can’t say it is ‘over weight’ in its judgment as it is done in accordance with the law. We shall meet Daw Aung San Suu Kyi within a few days. We shall do all necessary work in the legal framework”.

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Tin Tin Nyo
Presidium Board Member
Women’s League of Burma (WLB)

“I didn’t expect such a verdict. I feel sorry. Daw Aung San Suu Kyi didn’t do any wrong. Sentencing her to a prison term for violating her house arrest term should not have been done. The main thing is the SPDC is going ahead with their planned 2010 general election at any cost. They don’t want any obstacle and hurdle in their way because of Daw Suu. So they want to keep her out of this process by detaining her no matter what the international community is saying on her continued detention”.

“I feel sorry. But the SPDC is exercising their authority in doing so. For our part, we shall do what we have to do”.

“This cannot be watched passively with folded hands. For the first stage, we will issue a statement of 7 alliances and then we will consider the follow-up programme”.

“The international community needs to exert more pressure on SPDC. We must have detailed and concrete ideas of what we want the international community to do including ASEAN’s role. So our alliance will first make the demands and present them to the international community. Daw Aung San Suu Kyi is innocent. So she must be released at the earliest. WLB will take part in this work”.

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Dr. Naing Aung (NDD)

First there is no rule of law in Burma and this case shows there is no fairness and justice. Secondly they (junta) denied both NLD’s proposal made in the Shwe Gondaing Statement and the international community’s demands of engaging in dialogue on the constitution before 2010, releasing all political prisoners, urging national reconciliation and resolving the crisis through dialogue. They denied all of this.

This will keep her out from the 2010 election process. Today’s court verdict lacks justice and fairness. This is a political verdict and we strongly condemn it. We shall continue to fight against it by joining hands with the people. And also we call on the international community and the UN to take strong and effective action against this verdict.

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Comrade Po Than Gyaung
Spokesman (Communist Party of Burma)

In this case, the SPDC gave in to the pressure exerted by people of Burma and the international community. Previously they arrogantly berated and threatened publicly before delivering a verdict. This case shows they cannot do as they wish. Under the current situation, this case shows, the SPDC generals cannot do everything according to their wishes.

But we should not be complacent with this situation. Putting her under house arrest for one and-a-half year means they will keep her out of the election process and they will release her only after this election if they need to. That means there will be many steps they will take before the election. For instance, they can create a lot of trouble for the ‘National League for Democracy’ (NLD). It will be convenient for them to see Daw Aung San Suu Kyi out of the electoral scene when either the NLD or people revolt against them. They will reap profit from their loss to the maximum extent.

Our people should not be complacent with this little success and must be cautious. I’d like to warn the people to prepare for further struggles. As for us, we’d like to call for the release of Daw Aung San Suu Kyi and freedom for all political prisoners. They are prisoners of conscience. We oppose detaining them even for a day or a minute. So we oppose putting her under house arrest for an additional one and-a-half years. Leave alone satisfaction with this verdict, we resent it.

Pressure from the international community varies from country to country. Some countries talk frankly and explicitly. Some countries follow quiet diplomacy, warning in secrecy. Anyway, I think this time the SPDC could avoid confrontation and head-on collision with the international community.

There will be continued pressure put on them for releasing Daw Aung San Suu Kyi. And it should be done.

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Win Tin
Veteran Journalist & Central executive Committee member of NLD


“I said throughout the court proceeding that Daw Suu would be given a prison term because Daw Suu is an obstacle for them [junta]. So they wish to put her behind bars to keep her away from politics, election and the people. This is the prison term, given by the court”.

“They did it in three stages. First the court gave her a prison sentence. Then they commuted the court’s sentence. Then the remaining half of this prison term is suspended again and Daw Suu could serve this suspended prison sentence by staying in her house. Similarly was Gen. Khin Nyunt’s case. If you ask if Daw Suu was not given prison term -- no, the court gave her a prison term. But this prison term was commuted to half by an executive power. The remaining half can be served by staying home, the order said. In other words, Daw Suu seems to be a free person.

But there are strings attached to this order but we don’t know yet the detail of the terms and conditions of this order. We don’t know yet if she can travel outside Rangoon or not, whether she can talk with world media or not among others.

Strings are attached to this order. We don’t know yet how strong the strings are and how many strings there are. Anyway the quick response to the court’s verdict that I gave immediately in front of the prison was this government is very clever and cunning. Their brain has many colours, not only red and black, they also have grey colour.

The people wish to see Daw Suu released. They demanded for Daw Suu’s acquittal from this case. On the other hand, we are relieved to some extent. I said time and again when we visited the prison on every court hearing was to express our will of expressing Daw Suu was innocent. She was framed in this case and wrongfully charged. She is innocent. She didn’t do any wrong. She herself pleaded not guilty at the court. It means we demanded her release. On the other hand, we are relieved to some extent by seeing this sort of leniency.

It is just consolation and comfort to international pressure, opposition’s pressure, the will of the people, the demands made by opposition forces, monks and pro-democracy forces. They gave in to these demands and pressures in this way. On the other hand, they are worrying about being interpreted as signal of their weaknesses, and afraid of being swooped down on them like the tigress after smelling human blood.

When late dictator Ne Win delivered an address at the Party Congress on 23rd July 1988, he disclosed his plan to quit from the party. Then the students became daring and bold. They don’t want these tigers getting smell of the prey’s blood. At the same time they don’t want to be seen as accommodating to the pressure. And also as they boasted on their media frequently, they want to show the world their judiciary system is independent. So they let the court do their work. Then they issued an executive order in pursuant of section 401 of Criminal Procedure Code in advance, not in consultation with the judiciary.

As for me, I don’t accept the 2010 election. I’d like to say Daw Suu cannot accept the election too in any way. As Daw Suu said in her court testimony, only for national reconciliation, not for election as advocated by the UN and UNSC. We’d like to say we don’t want even want mention of this election.

I’d like to say (1) engage dialogue and strive for the national reconciliation. (2) When the dialogue takes place, we shall demand for reconsideration and review of the constitution. Without reconsidering the Constitution, we don’t want to mention this election. I firmly believe Daw Suu would understand and be convinced of this stand.

I’d like to say I think Daw Suu will not say even a single word about election. No matter what this election is, whether free and fair or not, whether it holds in 2010 or not, whenever it holds, we have no interest at all in it. As Daw Suu has always said throughout these years, we are interested only in dialogue. The solution lies in resolving the political issues. Our issue is not the election. Election is not the solution. Engage in dialogue to resolve these political issues. Go for national reconciliation. And for the next step, amend the constitution before this election.

We don’t know yet what are their terms and conditions. But as I said before, we would call for the release of Daw Suu again. In adjourning the pronouncing of judgment from 4th to 11th August, the court admitted one thing that they had the issue of law in this case. This case is not in accordance with the law. In the viewpoint of the law, Daw Suu is totally innocent. The law refers the provisions from the suspended law (1974 constitution) which is no longer in force. This law is null and void. They charged her with the provisions of this null and void law. They used this law against Daw Suu not only in this case.

Putting Daw Suu under house arrest since 2003 is an issue of law, it is not in accordance with the law. So I think, I cannot accept even the house arrest. This is my opinion. It is totally nonsense. She is not guilty. We cannot accept it. We cannot accept any more restrictions and internment imposed on her on political reason and ground. I think Daw Suu cannot accept it either. Anyway they cleverly made evasive denials and circumlocutions in handing down this judgment. But I’d like to say we were much relieved with this verdict.

I once said while we were waiting outside the prison that we wished to see Daw Suu being released. We gathered there to express our solidarity and homogeneity with Daw Suu but they were displeased with us. There is no reason to believe instigating unrest and unruly commotion arising from the court’s verdict, guilty or not guilty, whatever they pass. Despite some unrest and demonstration, while we were visiting the prison and waiting outside the prison, our people didn’t go for any agitation and instigation. But we are displeased. We must watch what result will come from the court proceeding. If there are demonstrations and unrest, the government must take all responsibility. I said that It must originate from the provocation and brutal crackdown unleashed on the people. I think there will be many more work to do in future.

(Mizzima will continue updating with more opinions of politicians and observers)