NLD LEADERS FORMING LEGAL CASE TO RELEASE ASSK

C O N F I D E N T I A L RANGOON 001653

SIPDIS

STATE ALSO FOR EAP/BCLTV;
USPACOM FOR FPA

E.O. 12958: DECL: 12/29/2013
TAGS: PGOV PHUM BM ASSK NLD
SUBJECT: NLD LEADERS FORMING LEGAL CASE TO RELEASE ASSK

REF: RANGOON 1574 AND PREVIOUS

Classified By: CDA, a.i. Ronald McMullen for Reasons 1.5 (B,D)


1. (C) Summary: According to NLD sources, released CEC
members are consulting with party lawyers on building a
possible legal case to press for the release of ASSK and
other NLD officials. Using Burma's opaque court system is
unlikely to get the SPDC to budge, but legal action could
generate renewed domestic attention to the plight of the NLD
movement, if not indirect pressure on the regime to deal with
ASSK. End summary.


2. (C) We met briefly on December 30 with NLD senior official
U Nyunt Wei to pass on holiday greetings and discuss recent
developments. The five NLD Central Executive Committee (CEC)
members released in late November continue to meet on a daily
basis to discuss party business and strategies. Although
military intelligence (MI) officers merely surveilled our
meeting with U Nyunt Wei from a polite distance, they
outright rebuffed our attempts on the same day to visit NLD
Chairman U Aung Shwe and family members of NLD Vice Chairman
U Tin Oo. Both of the latter NLD leaders have been detained
since the May 30 Depeyin attack (U Aung Shwe is under house
arrest in Rangoon and U Tin Oo is in a Sagaing Division
prison).


3. (C) According to NLD sources, the released members of the
NLD CEC are consulting with party lawyers and building a
legal case to press the SPDC to free their colleagues. In
addition to U Aung Shwe and U Tin Oo, NLD General Secretary
Aung San Suu Kyi and NLD Secretary (and spokesperson) U Lwin
remain under house in Rangoon.


4. (C) U Nyunt Wei told us that the legal tact stems in part
from press reports that the SPDC claims to have extended an
invitation to the NLD to attend an imminent National
Convention. "There has been no such invitation," U Nyunt Wei
said, "but should there be one, we will insist that we must
be able to consult with our leadership in order to form an
official reply." U Nyunt Wei added that while the released
NLD CEC members are able to meet together and move about
Rangoon, they are still precluded from meeting or
communicating with ASSK.


5. (C) U Nyunt Wei also said that the "CEC Five" had recently
sent letters to participants in the December 15
Thai-sponsored Burma meeting. The released leaders have
requested debriefings on the Bangkok discussions and they
have to date received affirmative replies from the French and
the Italians. U Nyunt Wei noted that the CEC request to the
Chinese Embassy was their second such correspondence, the
first was sent in early December at our suggestion as a means
to engage the Chinese, but the NLD had to date received no
official reply to either letter.


6. (C) Comment: Despite the legal merits of addressing the
prolonged detention and house arrest of NLD leaders, using
Burma's opaque, Dickensian court system to seek the release
of ASSK and her colleagues is unlikely to get the SPDC to
budge. However, ASSK has employed this tactic before and
successfully put the regime on the defensive. It is probable
she has personally directed the released CEC members to
consult with the lawyers on making a possible legal case. In
the absence of any visible progress in the rumored, but
unconfirmed, "secret" dialogue between ASSK and the SPDC
generals, a court case would generate renewed domestic
attention to the plight of the NLD movement, if not indirect
pressure on the regime to deal with ASSK. End comment.
McMullen