Aung San Suu Kyi Court Trial (2009 May 22 & 25)

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Aung San Suu Kyi Court Trial(2009 May 22 & 25)

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Aung San Suu Kyi Court Trial (2009 May 22 & 25)

  1. 1. News Timeline   Use Your Liberty to Promote Ours The Voice of Hope Burma’s Democracy Leader Aung San Suu Kyi Unfair Court Trial on May 22 and 25, 2009 National League for Democracy (Liberated Area) 1   
  2. 2. News Timeline   News Update:Unfair Court Trial over Nobel Peace Prize Laureate Daw Aung San Suu Kyi Location: Special Court at Insein Prison, Rangoon, Burma Date: May 22 and 25, 2009 Court Time: 10:00 (Local Time) Burmese junta made a lawsuit against Daw Aung San Suu Kyi on May 22 for receiving Mr. John W. Yettaw in her house and giving a humane treatment through her humanitarian consideration. But the junta didn’t take any lawsuit against the intruder for his action of breaking the laws by secretly sneaking into her compound without invitation or permission. May 25 (Monday) – Summary of Day 6 • The Lawyers of Daw Aung San Suu Kyi re-called five prosecution witnesses to the court who have already testified before the court last week. The lawyers cross examined four prosecution witnesses about the facts that they submitted to the court and asked questions to them. But they rejected to cross examine the remaining one. These four prosecution witnesses are Police Col Win Naing Tun, Police Lt. Col Zaw Min Aung, Police Captain Sa Kyaw Win and Police Captain Tin Zaw Tun. • The Lawyers of Daw Aung San Suu Kyi asked prosecution witnesses as follows: Lawyer: Do you know that the restriction order that you referred and that was applied upon Daw Aung San Suu Kyi was from the 1974 socialist constitution which was already abolished? Witness: According to an order issued in 1988 by the State Law and Order Restoration Council, any laws which haven’t formally been abolished by the government has still been in force to date. Lawyer: Do you know whether former Senior General Saw Maung, Head of the State Law and Order Restoration Council—which was transformed in 1997 by Senior General Than Shwe into the State Peace and Development Council—declared at the 46th Anniversary of the Resistance Day that the 1974 socialist constitution was already abolished. Witness: They don’t know the fact. National League for Democracy (Liberated Area) 2   
  3. 3. News Timeline   Lawyer: Is it possible that a country has two constitutions because Senior General Than Shwe formally signed the adoption of the new constitution after the constitutional referendum in 2008? Witness: the government’s prosecutor rejected and the judges didn’t allow the defendant lawyers to ask this question. Lawyer: Although this house was owned by Daw Aung San Suu Kyi, it has been under the security control of the government. Breaking the security line, Mr. Yettaw secretly sneaked into the restricted area at night. According to the law, a lawsuit must be filed against this action committed by Mr. Yettaw. Did you made a lawsuit against Mr. Yettaw on entering into the restricted security line? Witness: It is still under enquiry. Lawyer: Regarding Mr. Yettaw’s entry into Daw Aung San Suu Kyi’s house which is under tight security control of the government, was there any person who informed you, the security forces? Witness: No. Lawyer: Then, you [the prosecution witnesses] have already made a lawsuit against Daw Aung San Suu Kyi, into whose house a person sneaked by breaking the law. But you didn’t make a lawsuit against that person himself. Note: Lawsuits that were filed against John W. Yettaw are: 1. Criminal Case No 48/2009, section 13 (1) of the 1947 Immigration Act (Emergency Provisions) 2. Criminal Case No 49/2009, section 28 of Yangon City Municipal Act. • After the section of asking four prosecution witnesses, the 13th witness, Police official U Than Soe, Registration Officer, was brought to the court to testify all the details that he recorded during the investigation throughout the case. • Soon after U Than Soe testified, in a surprise move, the judges announced that the court withdrew the rest 9 prosecution witnesses from the witness list brought by the government and adjourned the court to 10 a.m. on May 26. Then, the judges abruptly left the court. • To hear the rejection of the judges to the rest 9 prosecution witnesses, the lawyers of Daw Aung San Suu Kyi immediately realized that it is time for Daw Aung San Suu Kyi and the other defendants to give testimony before the court. National League for Democracy (Liberated Area) 3   
  4. 4. News Timeline   • Throughout the six days of the court process, the defendant lawyers haven’t had enough time to assist Daw Aung San Suu Kyi for the preparation of her defending before the court. Therefore, the lawyers tried to inform the judges (it is not a face-to-face request) to give them enough time to discuss with Daw Aung San Suu Kyi. The lawyers and Daw Aung San Suu Kyi waited for the judge’s reply for half an hour. Then, an official came out and informed the lawyers that the judges had already left. • The lawyers planned to submit a letter of request to the court to allow them to give enough time to discuss with Daw Aung San Suu Kyi before her defending before the court on May 26. May 22 (Friday) – Summary of Day 5 • The judges at the Special Court set up in the compound of Insein Prison continued the trial of Mr. John W. Yettaw’s intrusion into the house of Daw Aung San Suu Kyi. After the judges already examined 12 of 22 winesses, Colonel Win Naing Tun, Deputy Commander of the Special Branch Police made a lawsuit against Daw Aung San Suu Kyi, Daw Khin Khin Win, Daw Win Ma Ma and Mr. Yettaw. • Col. Win Naing Tun said that Daw Aung San Suu Kyi violated the fact that she was ordered not to contact outsiders by post or by phone. As she accepted books and documents from outside, she violated the prohibition. • Then, a lawsuit was filed against Daw Aung San Suu Kyi under section 22 of the Law to Safeguard the State against the Dangers of those desiring to Cause Subversive Acts. • At the same time, a lawsuit was filed against Daw Khin Khin Win and Daw Win Ma Ma under section 22 and section 109 of that law. • Daw Aung San Suu Kyi directly said to the court that she was not guilty, so Daw Khin Khin Win and Daw Win Ma Ma. • Moreover, a lawsuit was filed against Mr. John William Yettaw under section 13 (1) of the 1947 Immigration Act (Emergency Provisions); and in Criminal Case No 49/2009, lawsuit was filed against him under section- 28 of Yangon City Municipal Act. He also said to the court that he is not guilty. National League for Democracy (Liberated Area) 4   
  5. 5. News Timeline   Daw Aung San Suu Kyi’s lawyer, U Nyan Win, holding a press conference at the NLD Headquarters on May 25, 2009 National League for Democracy (Liberated Area) 5   

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