Identifier
Created
Classification
Origin
08KOLKATA55
2008-02-15 11:40:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Consulate Kolkata
Cable title:
TEN YEARS GO BY, BURMESE STILL ON TRIAL IN INDIA
how-toVZCZCXRO9352 RR RUEHAST RUEHBI RUEHLH RUEHPW DE RUEHCI #0055 0461140 ZNR UUUUU ZZH R 151140Z FEB 08 FM AMCONSUL KOLKATA TO RUEHC/SECSTATE WASHDC 1874 INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE RUEHGO/AMEMBASSY RANGOON 0388 RUEHBK/AMEMBASSY BANGKOK 0185 RUEHGV/USMISSION GENEVA 0090 RUCNDT/USMISSION USUN NEW YORK 0057 RUEAIIA/CIA WASHDC RHMFIUU/CDR USPACOM HONOLULU HI RUEHCI/AMCONSUL KOLKATA 2291
UNCLAS KOLKATA 000055
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PHUM PREL PREF IN
SUBJECT: TEN YEARS GO BY, BURMESE STILL ON TRIAL IN INDIA
UNCLAS KOLKATA 000055
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PHUM PREL PREF IN
SUBJECT: TEN YEARS GO BY, BURMESE STILL ON TRIAL IN INDIA
1. (SBU) It has been ten years since 34 Burmese nationals from
Arakan state were arrested and jailed by the Indian Government.
The Solidarity Committee for Burma's Freedom Fighters (SCBFF),
joined by activists, Burmese monks, and a crowd of 50-70 people,
staged a public rally in Kolkata on February 4 to mark the tenth
anniversary of the arrests. The trial of the Burmese, on
charges filed in 2006, began in Kolkata in March 2007, but was
further delayed when the presiding judge was transferred off the
case. Lawyers for the Burmese have filed a speedy trial
petition, but even if the trial is restarted and the Burmese
released this year, it is unclear what will happen to them.
With the GOI maintaining its cooperative relationship with the
Burmese junta and the possible implication of GOI defense
officials in killing some Burmese during the original arrest,
the imprisoned Burmese are likely to remain in legal limbo
indefinitely. End Summary.
2. (SBU) On February 4, 50-70 protestors held a rally on behalf
of 34 Burmese nationals who have been jailed by the GOI for 10
years. The Burmese, who were arrested in 1998 in the Andaman
and Nicobar Islands, have been in detention in Kolkata Jail
since late 2006, when the GOI brought formal charges under the
Arms and Ammunitions Act and the Foreigner's Act. (Note: The
charges were filed after lawyers for the Burmese filed a motion
for the GOI to charge or release the men. End note.).
3. (SBU) Initially, the Sessions court judge had ordered that a
closed trial be held within the jail itself, but after lawyers
for the Burmese filed a petition, the trial was moved to the
Kolkata City Court. However, media are not permitted to cover
the proceedings and the trial remains closed to the general
public. The prolonged detention has also led to new charges
against the Burmese. Soon after their transfer to Kolkata, the
Burmese complained of poor conditions, dietary problems, and
lack of adequate facilities such as soap, which lead to an
apparent fight inside the jail. Some of the prisoners were
charged with rioting in the prison, but the charges will likely
be dropped. Since that time, the Burmese have been housed
together in the jail and complaints have ceased. Lawyers are
working to get the rioting charges dismissed.
4. (SBU) In late 2007, the trial judge was transferred off the
case, and the trial has been in limbo since that time. Speaking
at a press conference on February 5, SCBFF representatives were
preparing to file a petition for a speedy trial in hopes of the
case resuming in March or April this year.
5. (SBU) SCBFF activists appear hopeful that the case will
conclude in 2008, and are looking for ways the Burmese can avoid
deportation should they be released. The primary concern is
that the GOI will simply "push-back" the Burmese across the
border. Soe Myint, an editor for Mizzima News, told Poloff that
SCBFF spoke with the Home Secretary's office in New Delhi, who
indicated that the GOI might be amenable to allowing the Burmese
to travel to a third country willing to accept them. SCBFF has
approached the Canadian Embassy in New Delhi about accepting the
Burmese as asylum seekers. SCBFF also met with ICRC
representatives to discuss the possible issuance of travel
documents. SCBFF has previously met with UNHCR representatives
in New Delhi to lay the groundwork for applications for refugee
status, although UNHCR has said that it cannot take any action
until the legal proceedings conclude.
6. (SBU) Comment: The decade long detention of the Burmese is
an embarrassment for the GOI, and it is a case that they would
like to get rid of. However, there continue to be press reports
about the surrounding history - allegations of the GOI Defense
Ministry funding and supporting the Burmese in the 1990's
against Burma's government, the summary execution of six of the
Burmese leaders in the Andaman Islands - that make
disentanglement from the case difficult. Given the fundamental
human rights considerations in this case, UNHCR should be
encouraged to also play a role in seeking a more timely
resolution of the case and possible resettlement of the
detainees.
JARDINE
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PHUM PREL PREF IN
SUBJECT: TEN YEARS GO BY, BURMESE STILL ON TRIAL IN INDIA
1. (SBU) It has been ten years since 34 Burmese nationals from
Arakan state were arrested and jailed by the Indian Government.
The Solidarity Committee for Burma's Freedom Fighters (SCBFF),
joined by activists, Burmese monks, and a crowd of 50-70 people,
staged a public rally in Kolkata on February 4 to mark the tenth
anniversary of the arrests. The trial of the Burmese, on
charges filed in 2006, began in Kolkata in March 2007, but was
further delayed when the presiding judge was transferred off the
case. Lawyers for the Burmese have filed a speedy trial
petition, but even if the trial is restarted and the Burmese
released this year, it is unclear what will happen to them.
With the GOI maintaining its cooperative relationship with the
Burmese junta and the possible implication of GOI defense
officials in killing some Burmese during the original arrest,
the imprisoned Burmese are likely to remain in legal limbo
indefinitely. End Summary.
2. (SBU) On February 4, 50-70 protestors held a rally on behalf
of 34 Burmese nationals who have been jailed by the GOI for 10
years. The Burmese, who were arrested in 1998 in the Andaman
and Nicobar Islands, have been in detention in Kolkata Jail
since late 2006, when the GOI brought formal charges under the
Arms and Ammunitions Act and the Foreigner's Act. (Note: The
charges were filed after lawyers for the Burmese filed a motion
for the GOI to charge or release the men. End note.).
3. (SBU) Initially, the Sessions court judge had ordered that a
closed trial be held within the jail itself, but after lawyers
for the Burmese filed a petition, the trial was moved to the
Kolkata City Court. However, media are not permitted to cover
the proceedings and the trial remains closed to the general
public. The prolonged detention has also led to new charges
against the Burmese. Soon after their transfer to Kolkata, the
Burmese complained of poor conditions, dietary problems, and
lack of adequate facilities such as soap, which lead to an
apparent fight inside the jail. Some of the prisoners were
charged with rioting in the prison, but the charges will likely
be dropped. Since that time, the Burmese have been housed
together in the jail and complaints have ceased. Lawyers are
working to get the rioting charges dismissed.
4. (SBU) In late 2007, the trial judge was transferred off the
case, and the trial has been in limbo since that time. Speaking
at a press conference on February 5, SCBFF representatives were
preparing to file a petition for a speedy trial in hopes of the
case resuming in March or April this year.
5. (SBU) SCBFF activists appear hopeful that the case will
conclude in 2008, and are looking for ways the Burmese can avoid
deportation should they be released. The primary concern is
that the GOI will simply "push-back" the Burmese across the
border. Soe Myint, an editor for Mizzima News, told Poloff that
SCBFF spoke with the Home Secretary's office in New Delhi, who
indicated that the GOI might be amenable to allowing the Burmese
to travel to a third country willing to accept them. SCBFF has
approached the Canadian Embassy in New Delhi about accepting the
Burmese as asylum seekers. SCBFF also met with ICRC
representatives to discuss the possible issuance of travel
documents. SCBFF has previously met with UNHCR representatives
in New Delhi to lay the groundwork for applications for refugee
status, although UNHCR has said that it cannot take any action
until the legal proceedings conclude.
6. (SBU) Comment: The decade long detention of the Burmese is
an embarrassment for the GOI, and it is a case that they would
like to get rid of. However, there continue to be press reports
about the surrounding history - allegations of the GOI Defense
Ministry funding and supporting the Burmese in the 1990's
against Burma's government, the summary execution of six of the
Burmese leaders in the Andaman Islands - that make
disentanglement from the case difficult. Given the fundamental
human rights considerations in this case, UNHCR should be
encouraged to also play a role in seeking a more timely
resolution of the case and possible resettlement of the
detainees.
JARDINE