MORE CHARGES, NO PROGRESS

C O N F I D E N T I A L RANGOON 000154

SIPDIS

SIPDIS

STATE FOR EAP AND IO; PACOM FOR FPA

E.O. 12958: DECL: 04/20/2017
TAGS: PGOV PREL PHUM BM
SUBJECT: MORE CHARGES, NO PROGRESS

REF: A. RANGOON 67

B. RANGOON 9

Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d)


1. (C) Summary. The regime formally charged several
prominent 88 Generation Students activists, including Min Ko
Naing and Ko Ko Gyi, with unlawful interference with the
regime's roadmap to democracy. The regime also charged at
least seven other key activists with sedition. Both sedition
and interference with the roadmap carry a maximum sentence of
twenty years imprisonment. End Summary.


2. (C) Opposition lawyer U Aung Thein told us that at least
ten 88 Generation Students activists, including Min Ko Naing
and Ko Ko Gyi, were formally charged with unlawfully
interfering in the regime's roadmap under law 5/96, which
criminalizes criticism of the regime's roadmap. If
convicted, they could receive between five and twenty years
imprisonment. The regime had previously charged these
activists with failing to register and clear their printed
pro-democracy materials in violation of the Printers and
Publishers Law which carried a maximum sentence of seven
years (reftel A). Aung Thein, who represents several 88GS
members including Min Ko Naing and Ko Ko Gyi, said he did not
know if the new charges were in addition to or in place of
the previous ones. The lawyer recently spoke with family
members of several of the detained 88GS activists who told
him that their family members remained in good health despite
spending over six months in prison.


3. (C) U Aung Thein also reported that authorities recently
charged at least seven other activists with sedition,
including NLD members Thein Swe and Kyi Phyu; human rights
activist Myo Thant (aka John Naw); and September
demonstration participants Ye Min Oo, Ye Myat Hein, Si Thu
Mg, and Zin Lin Aung. If convicted, these activists could
receive as much as twenty years imprisonment. In January,
authorities had dropped five of the six charges pending
against Thein Swe (reftel B). This new charge of sedition
increases the maximum sentence the activist could receive
from two to twenty years.


4. (C) The sedition trial for these seven detainees began on
February 27 at a special court in Insein prison, which is
closed to the public. Lawyers for the accused told us that,
unlike in the past, this time they were permitted to
participate in the proceedings. Lawyers U Aung Thein, U Khin
Mg Shein, and U Pho Phyu told us the trials would likely
continue today or tomorrow and expressed hope authorities
would continue to allow them to participate in their clients'
defense.


5. (C) Comment. Than Shwe's decision to charge peaceful,
pro-democracy activists with interfering with the democratic
process makes a mockery out his "roadmap to democracy." By
charging the activists at the same time it unveiled a
referendum law, the regime has signaled its unwillingness to
permit free and open debate about its draft constitution.
End Comment.
VILLAROSA