SENTENCING BEGINS FOR KHIN NYUNT'S MILITARY

C O N F I D E N T I A L RANGOON 000426

SIPDIS

STATE FOR EAP/BCLTV; PACOM FOR FPA

E.O. 12958: DECL: 03/20/2015
TAGS: PGOV PREL MARR BM
SUBJECT: SENTENCING BEGINS FOR KHIN NYUNT'S MILITARY
INTELLIGENCE CRONIES


Classified By: COM Carmen Martinez for Reasons 1.4 (b,d)


1. (C) Summary: Military Intelligence officials who were
arrested along with former Prime Minister Khin Nyunt are
beginning to receive prison sentences. Some reported
sentences appear to be exaggerated, but the officials are
being charged for violations with penalties ranging from 5
years to life in prison. A note reportedly smuggled out of
prison from Khin Nyunt's personal security officer has
resulted in the arrests of five persons. End Summary.


2. (U) Both foreign and Burmese media reported last week that
the secretive trials of cronies of former Prime Minister Khin
Nyunt are beginning to result in sentences. The
highest-level official to be sentenced thus far is Brigadier
General Thein Swe, former head of the foreign relations
section of the now defunct military intelligence apparatus
known as MI, and the chairman of The Myanmar Times English
language newspaper. His son Sonny Swe, part owner of The
Myanmar Times, received a 14-year sentence for violating
censorship laws. In addition, legal sources report that
Brigadier Than Tun has been sentenced to one 14-year and
three life sentences. (Note: In Burma a life sentence is
equivalent to 20 years in prison. End Note.)


3. (SBU) Brig Gen Thein Swe was closely involved with the
U.S. remains recovery missions before he was arrested. He
facilitated the successful remains recovery mission that was
carried out near Myitkyina, Kachin State, in February 2004.
He was also involved in similar missions and investigations
in the Myitkyina area in March 2003 (unsuccessful mission),
November 2003 (investigation),and October 2004
(investigation). He frequently met with DAO to coordinate
remains recovery activities.


4. (SBU) Rangoon legal sources claim that the reported
cumulative 152-year sentence for Thein Swe is exaggerated;
noting that only certain high security violations carry
sentences of over 7 years and a life sentence is only 20
years. The claim of multiple 38-year sentences is considered
legally "out of line." Local sources indicate that Rangoon
divisional court judges are continuing to hold the special
tribunals at Insein Jail for additional sentencing. Two
tribunals, reserved for Khin Nyunt and his family, have yet
to commence.


5. (SBU) The MI officials are reportedly being charged under
six acts, including high treason, foreign currency, export
and import, censorship, and other violations. The penalties
under these acts range from 5 years to life imprisonment.


6. (C) In a related development, the wife of Khin Nyunt's
personal security officer, Major Naing Htay, recently wrote a
confession on behalf of her husband and asked for his pardon.
Maj Gen Myint Swe, head of the Military Affairs Service,
which replaced MI in the fall of 2004, reportedly met the
wife and asked if this was her idea or if it really came from
her husband. She said it was her husband's wish and to prove
it she produced a two-line note that he had smuggled out of
jail. As a result of this security breach, four Special
Branch police officials and a driver have been arrested and
are reportedly under trial in Insein Jail.
Martinez