Friday, May 15, 2009

Burma: Aung San Suu Kyi Facing Trial and Incarceration in Insein Prison


14 May 2009

Burma: Aung San Suu Kyi Facing Trial and Incarceration in Insein Prison

Burmese democracy leader and de jure prime minister Aung San Suu Kyi has early this morning been taken from her home and incarcerated in Insein Prison, on a charge of breaching the conditions of her house arrest order.

ARTICLE 19 urges the international community, and in particular India, China and ASEAN, to pressure the Burmese military government not to continue Suu Kyi’s 13-year detention on the basis of these outrageous charges. The organisation also calls on interested stakeholders to write to newspapers editors in India to call attention to the Indian government’s role in propping up the illegitimate Burmese regime.


The National League for Democracy, the Burmese political party which Suu Kyi leads, says that she faces an immediate trial on Monday 18 May. Under section 22 of the State Protection Act, Suu Kyi faces up to five years in prison.

Suu Kyi has been under house arrest for almost 14 of the last 19 years at her home in Rangoon. Last week, an American citizen, John William Yettaw, swam across Inya Lake and entered Suu Kyi’s house uninvited and without being stopped by guards. According to Suu Kyi’s lawyer U Kyi Win, Yettaw begged Suu Kyi not to alert her captors of his presence and allow him to stay while he recovered from a muscle strain.

According to Burmese law, it is mandatory to notify the military authorities about any overnight visitor and foreigners are not allowed to spend the night in a Burmese home. The State Protection Act is frequently used against democratic activists, and other members of Suu Kyi’s party have been imprisoned for similar offences.

Last week, Suu Kyi’s appeal against her imprisonment was rejected, even though, under the legislation used to detain her, her detention should end on 27 May 2009. The United Nations has declared that her imprisonment is not only illegal under international law, but also illegal under the Burmese military government’s own deplorable legal code, which only allows for a maximum of five-years in detention.

The Burmese military government is blaming a prisoner for somebody breaking into a prison,” comments Dr Agnes Callamard, ARTICLE 19 Executive Director. “This would be laughable if it was not so unbelievably sad.

Every month that passes, we think that repression in Burma cannot get worse but it always does. The treatment of Aung San Suu Kyi by the authorities, in full sight of the country’s neighbours and various economic backers, is just sickening Worse still are the excuses and diplomatic games played by India, China and the ASEAN. By their silence and inaction, they are condoning the behaviour of the Burmese military junta. They are the walls and bars of Suu Kyi’s prison,” she adds.

Yettaw was arrested whilst swimming back across the lake and remains in Burmese prison, charged with entering a restricted area and contravening immigration regulations. His motives remain unclear, although there are reports that he is a Mormon who is writing a book about heroism and who intended to come into Suu Kyi’s house to pray with her. He is apparently not a Burma campaigner, as was originally described.

Suu Kyi is in poor health and has recently been on an intravenous drip. Her doctors have repeatedly been prevented from giving her the care she requires and her personal physician was arrested a few weeks ago.

ARTICLE 19 is also concerned about the seeming disappearance of John William Yettaw and calls upon the Burmese authorities to ensure that he is afforded access to proper legal representation and a fair trial.

ARTICLE 19 is urging interested stakeholders and anybody committed to the protection of human rights to write to one of the following India newspapers asking the editor to call attention to their government’s role in propping up the illegitimate Burmese regime:


Please inform ARTICLE 19 of any actions that you may take.

NOTES TO EDITORS:


• For more information: please contact Oliver Spencer, oliver@article19.org +44 20 7278 9292


From International PEN

MYANMAR: Daw Aung San Suu Kyi (f), leader of the National League for Democracy (NLD) and writer, taken to prison


14 May 2009

RAN 29/07 - Update #1

The Writers in Prison Committee of International PEN (WiPC) is outraged by the charges of ‘subversion' brought today against Daw Aung San Suu Kyi, leader of the National League for Democracy (NLD), writer and Nobel Peace laureate, for allegedly breaching the conditions of her house arrest. She was taken from her Yangon home, where she has been held under house arrest for most of the past nineteen years, to Insein Prison early this morning. Earlier this month Aung San Suu Kyi was treated for dehydration and low blood pressure, and although her condition is said to have improved, concerns for her well-being are now mounting. PEN protests her detention, and calls for her immediate and unconditional release alongside all others detained in Myanmar in violation of Article 19 of the United Nations Universal Declaration of Human Rights.

According to PEN's information, Aung San Suu Kyi was taken from her home, where she was being held under house arrest, to the notorious Insein Prison in Yangon early on the morning of 14 May 2009. Suu Kyi and two members of her house staff are detained under Section 22 of the State Protection Law for "subversion", following an incident in which a US citizen reportedly swam across the lake to her home and in doing so violated the ban on her meeting with anyone without prior permission. For more details go to: http://news.bbc.co.uk/1/hi/world/asia-pacific/8049187.stm

Aung San Suu Kyi is due to stand trial on 18 May 2009, and she could face up to five years in prison if found guilty.

Background
Daw Aung San Suu Kyi, daughter of Burma's independence hero General Aung San, became leader of the National League for Democracy (NLD) in September 1988, and in 1991 led the NLD to a landslide election victory which has never been recognised by the military government. Prior to this she had lived in the UK for many years, where she raised two sons with her late husband British academic Michael Aris, who died in March 1999 of cancer. Aung San Suu Kyi has spent a large part of the past eighteen years in detention in Yangon, much of it in solitary confinement. She was held under de facto house arrest for six years from July 1989-July 1995, and again from September 2000 until May 2002, when she was released as part of UN-brokered confidential talks between the State Peace and Development Council (SPDC) and the NLD which began in October 2000. Her most recent detention began when she was taken into ‘protective custody' following violent clashes between her supporters and those of the government on 30 May 2003, and she has since been held under renewable one-year detention orders.

Aung San Suu Kyi was awarded the Nobel Peace Prize in October 1991. She is the author of many books, including Freedom From Fear (1991), Letters from Burma (1997), The Voice of Hope (1997).

International PEN WiPC protests the detention of writer and opposition leader Daw Aung San Suu Kyi, who it considers to be detained in violation of Article 19 of the United Nations Universal Declaration of Human Rights. We call upon the State Peace and Development Council (SPDC) to show its commitment to political dialogue in Myanmar by securing the immediate and unconditional release of Aung San Suu Kyi and all others detained in Myanmar for the peaceful expression of their views.


Please send appeals:

protesting the detention of opposition leader and writer Daw Aung San Suu Kyi, and calling for her immediate and unconditional release in accordance with Article 19 of the United Nations Universal Declaration of Human Rights.
Expressing concerns for her health, and seeking immediate assurances of her well-being.

Appeals to:

Senior General Than Shwe
Chairman, State Peace and Development Council
c/o Ministry of Defence, Naypyitaw, Union of Myanmar.
Salutation: Dear General

Appeals to Myanmar (Burma) Embassies:

WiPC strongly recommends that you copy your appeal to the Burmese embassy in your country asking them to forward it to the Burmese authorities and welcoming any comments.

Letters to the press:

PEN members may consider writing letters to their national newspapers expressing alarm at events in Burma, and highlighting Aung San Suu Kyi's case to illustrate the many years of repression in the country.

For further information please contact Cathy McCann at International PEN Writers in Prison Committee, Brownlow House, 50/51 High Holborn, London WC1V 6ER, Tel.+ 44 (0) 20 7405 0338, Fax: +44 (0) 20 7405 0339, email: cathy.mccann@internationalpen.org.uk

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