BURMA: NLD APPEALS TO HIGH COURT TO FREE ASSK,

C O N F I D E N T I A L RANGOON 001049 SIPDIS STATE FOR EAP/BCLTV; PACOM FOR FPA E.O. 12958: DECL: 08/15/2014 TAGS: PREL PGOV BM NLD ASSK SUBJECT: BURMA: NLD APPEALS TO HIGH COURT TO FREE ASSK, REOPEN PARTY OFFICES REF: A. RANGOON 1035 ¶B. RANGOON 924 Classified By: CDA, a.i. Ron McMullen for Reasons 1.4 (b,d) ¶1. (C) Summary: The National League for Democracy (NLD) on August 16 initiated a legal maneuver requesting that Burma's High Court order the GOB to release ASSK and U Tin Oo and to allow the party to reopen its offices. NLD leaders are under no illusion that the effort will force the regime to respond. Nonetheless, the party's quiet action could create a modicum of internal pressure on the GOB to deal with a democracy movement it has all but ignored for the past three months. End Summary. ¶2. (C) NLD CEC member and party spokesman U Lwin met on August 16 with the A/DCM to inform the Embassy that his party was in the process of filing an appeal before Burma's High Court seeking the release of NLD leaders Aung San Suu Kyi (ASSK) and U Tin Oo and the reopening of NLD party offices throughout Burma. The Burmese regime has for the past 15 months detained the two NLD leaders and kept shuttered all NLD party offices outside of Rangoon. ¶3. (C) According to U Lwin, on August 16 NLD Chairman U Aung Shwe and party lawyers began efforts to file a request in person before the High Court in Rangoon, while regional party officials undertook a simultaneous effort before the High Court in Mandalay. The Rangoon request addressed specifically the detention of ASSK and U Tin Oo, who are under house arrest in the capital city, and the status of party offices throughout Lower Burma. The action at the High Court in Mandalay, which has jurisdiction over civil matters in Upper Burma, dealt with the status of party offices in that region. ¶4. (C) U Lwin emphasized that the NLD was not suing the GOB, but rather was requesting that the High Court intervene "to correct illegal acts undertaken by the regime." The party, in an effort that parallels the objectives of an ongoing petition drive (ref B),is seeking relief under a civil code "Specific Relief Act" that gives the High Court the authority "to make an order requiring any specific act to be done... by any person holding a public office." In other words, through its legal requests, the NLD wants to High Court to tell the GOB that it has no legal basis either to keep party offices closed or to continue holding ASSK and U Tin Oo under house arrest. ¶5. (C) Comment: The NLD has previously used legal tactics to advance political efforts or to stymie the regime's harassment and intimidation, including ongoing efforts to defend ASSK against politically-motivated civil and criminal suits initiated by a disgruntled brother and cousin, respectively. NLD leaders are under no illusion that invoking the "Specific Relief Act" will force the GOB to allow the party to resume where it left off prior to the May 2003 Depeyin attack. Indeed, U Lwin acknowledged that High Court officials might refuse to accept the NLD petition (in which case the NLD plans to drop the requests in the mail and issue a press statement drawing attention to their actions). Nonetheless, the effort could create a modicum of internal pressure on the GOB to deal with a democracy movement it has all but ignored for the past three months. End comment. McMullen