SPDC REFUSES TO FREE THOSE CONVICTED OF CONTACT

C O N F I D E N T I A L RANGOON 001365

SIPDIS

STATE FOR EAP/BCLTV, DRL, G/TIP
STATE PASS LABOR/ILAB
COMMERCE FOR ITA JEAN KELLY
TREASURY FOR OASIA JEFF NEIL
USPACOM FOR FPA

E.O. 12958: DECL: 10/19/2014
TAGS: ELAB PHUM PGOV BM
SUBJECT: SPDC REFUSES TO FREE THOSE CONVICTED OF CONTACT
WITH ILO

REF: A. STATE 214607

B. RANGOON 1301 AND PREVIOUS

C. RANGOON 882

Classified By: COM Carmen Martinez for Reasons 1.4 (B,D)


1. (SBU) The Burmese Supreme Court Special Appellate Bench
ruled on October 14 not to throw out the high treason and
conspiracy convictions against three individuals for, among
other things, having in their possession business cards of
the ILO representative in Burma. The three had initially
been sentenced to death in November 2003 with the sentences
reduced in May to life (for one who was also convicted of
plotting to kill SPDC leaders) and 3 years (for the two
others). The October 14 decision reduces the life sentence
of Shwe Man to 5 years and the 3 year sentences of Naing Min
Kyi and Aye Min to 2 years.

Comment: A Turning Point?


2. (C) The court decision (undoubtedly dictated by senior
SPDC members) is very disappointing though not unexpected and
could have serious ramifications at November's ILO Governing
Board Meeting. The local ILO representative for Burma was
watching this case very carefully, and had expressed to us in
the past the importance of the appeals court vacating the
initial convictions and making it very clear that it was not
illegal to contact the ILO (a point we have emphasized with
the GOB, including the Minister of Home Affairs; ref C).
Neither of these expectations was met. This decision is the
latest in a string of events -- such as recent news of
increased forced labor incidences in Rakhine State and the
GOB's increasingly weak effort to cooperate with the ILO to
punish those involved in forced labor (ref B) -- that make it
clear there is no political will to tackle the forced labor
component of trafficking in persons. We will emphasize our
concerns over the court's decision when and if Labor Minister
Tin Winn agrees to meet with the Chief of Mission (ref A).
End comment.
Martinez