Identifier
Created
Classification
Origin
08RANGOON17
2008-01-11 08:37:00
CONFIDENTIAL
Embassy Rangoon
how-toVZCZCXRO9591 PP RUEHCHI RUEHDT RUEHHM RUEHNH DE RUEHGO #0017 0110837 ZNY CCCCC ZZH P 110837Z JAN 08 FM AMEMBASSY RANGOON TO RUEHC/SECSTATE WASHDC PRIORITY 6996 INFO RUCNASE/ASEAN MEMBER COLLECTIVE RUEHGG/UN SECURITY COUNCIL COLLECTIVE RUEHBY/AMEMBASSY CANBERRA 0805 RUEHNE/AMEMBASSY NEW DELHI 4351 RUEHUL/AMEMBASSY SEOUL 7896 RUEHKO/AMEMBASSY TOKYO 5457 RHHMUNA/CDR USPACOM HONOLULU HI RUEHGV/USMISSION GENEVA 3445 RHEHNSC/NSC WASHDC RUCNDT/USMISSION USUN NEW YORK 1245 RUEKJCS/SECDEF WASHDC RUEHBS/USEU BRUSSELS RUEKJCS/JOINT STAFF WASHDC
C O N F I D E N T I A L RANGOON 000017
SIPDIS
SIPDIS
STATE FOR EAP AND IO; PACOM FOR FPA
E.O. 12958: DECL: 04/20/2017
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: GUILT BY ASSOCIATION
REF: 07 RANGOON 780
Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d)
C O N F I D E N T I A L RANGOON 000017
SIPDIS
SIPDIS
STATE FOR EAP AND IO; PACOM FOR FPA
E.O. 12958: DECL: 04/20/2017
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: GUILT BY ASSOCIATION
REF: 07 RANGOON 780
Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d)
1. (C) Summary. The regime may charge detained activist
Htin Kyaw with sedition in addition to the other, less
serious charges pending against him. His lawyers and family
have not been able to see him since he ended his hunger
strike on December 30. Authorities arrested NLD member and
labor activist Htet Wei at the trial of another detained
activist on January 9. He was later released on bail and is
at home. End Summary.
2. (C) Htin Kyaw's attorney Aung Thein told us the
prosecutor has asked the Ministry of Home Affairs for
permission to charge Htin Kyaw with sedition under Section
124A of the criminal code. Conviction under this section of
law carries a potential sentence of life in prison. Until
now, Htin Kyaw has faced the much less serious charge of
inciting public disturbance, which carried a maximum sentence
of two years. Aung Thein was informally told the next
hearing would take place on January 23 at a special court in
Insein prison. However, the lawyer pointed out that
authorities have never officially informed him of any
developments in his client's case and so far have not
permitted him to attend the trial. Similarly, Htin Kyaw's
wife and family have not been permitted to visit him since
late December and have not seen him since he ended his
month-long hunger strike on December 30.
3. (C) Witnesses reported that on January 9, police arrested
NLD member and labor activist Htet Wei while he attended his
friend's trial in a downtown Rangoon courthouse. Observers
told ILO officials that police immediately took Htet Wei into
custody when they saw the defendant, detained protestor U Ohn
Than, pass him a piece of paper after the hearing. Htet
Wei's friends and supporters confirmed that at the time of
his arrest, he was holding a memory card containing
information on forced labor that he planned to pass to the
International Labor Organization (ILO). ILO Liaison Officer
Steve Marshall described Htet Wei as a good and reliable
source of information on forced labor and told poloff the
activist had worked extensively with the ILO in the past.
NLD spokesman Nyan Win reported that Htet Wei was held for
one day at a local police station before being released
yesterday on 1,000,000 kyat bail (approximately USD 780).
Neither the NLD nor ILO knew who paid the bail, which is a
huge sum by Burmese standards.
4. (C) U Ohn Than, the friend whose trial Htet Wei was
attending, was arrested on August 23 for staging a solo
pro-democracy protest in front of the US Embassy (reftel).
His family members told us he has been arrested at least 6
times in the past and has spent a total of approximately 18
years in prison for various pro-democracy activities.
5. (C) Comment. The Than Shwe regime has always practiced
guilt by association, but actually arresting someone at his
friends' trial is a new low. There is no due process in
Burma, and no independent judiciary to check the power of the
executive. Peaceful dissenters are being sentenced to long
prison terms after se.cret trials with no defense counsel
present. Than Shwe is trying to silence the opposition to
him. Burma does not have the prisons to do that. End
Comment.
VILLAROSA
SIPDIS
SIPDIS
STATE FOR EAP AND IO; PACOM FOR FPA
E.O. 12958: DECL: 04/20/2017
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: GUILT BY ASSOCIATION
REF: 07 RANGOON 780
Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d)
1. (C) Summary. The regime may charge detained activist
Htin Kyaw with sedition in addition to the other, less
serious charges pending against him. His lawyers and family
have not been able to see him since he ended his hunger
strike on December 30. Authorities arrested NLD member and
labor activist Htet Wei at the trial of another detained
activist on January 9. He was later released on bail and is
at home. End Summary.
2. (C) Htin Kyaw's attorney Aung Thein told us the
prosecutor has asked the Ministry of Home Affairs for
permission to charge Htin Kyaw with sedition under Section
124A of the criminal code. Conviction under this section of
law carries a potential sentence of life in prison. Until
now, Htin Kyaw has faced the much less serious charge of
inciting public disturbance, which carried a maximum sentence
of two years. Aung Thein was informally told the next
hearing would take place on January 23 at a special court in
Insein prison. However, the lawyer pointed out that
authorities have never officially informed him of any
developments in his client's case and so far have not
permitted him to attend the trial. Similarly, Htin Kyaw's
wife and family have not been permitted to visit him since
late December and have not seen him since he ended his
month-long hunger strike on December 30.
3. (C) Witnesses reported that on January 9, police arrested
NLD member and labor activist Htet Wei while he attended his
friend's trial in a downtown Rangoon courthouse. Observers
told ILO officials that police immediately took Htet Wei into
custody when they saw the defendant, detained protestor U Ohn
Than, pass him a piece of paper after the hearing. Htet
Wei's friends and supporters confirmed that at the time of
his arrest, he was holding a memory card containing
information on forced labor that he planned to pass to the
International Labor Organization (ILO). ILO Liaison Officer
Steve Marshall described Htet Wei as a good and reliable
source of information on forced labor and told poloff the
activist had worked extensively with the ILO in the past.
NLD spokesman Nyan Win reported that Htet Wei was held for
one day at a local police station before being released
yesterday on 1,000,000 kyat bail (approximately USD 780).
Neither the NLD nor ILO knew who paid the bail, which is a
huge sum by Burmese standards.
4. (C) U Ohn Than, the friend whose trial Htet Wei was
attending, was arrested on August 23 for staging a solo
pro-democracy protest in front of the US Embassy (reftel).
His family members told us he has been arrested at least 6
times in the past and has spent a total of approximately 18
years in prison for various pro-democracy activities.
5. (C) Comment. The Than Shwe regime has always practiced
guilt by association, but actually arresting someone at his
friends' trial is a new low. There is no due process in
Burma, and no independent judiciary to check the power of the
executive. Peaceful dissenters are being sentenced to long
prison terms after se.cret trials with no defense counsel
present. Than Shwe is trying to silence the opposition to
him. Burma does not have the prisons to do that. End
Comment.
VILLAROSA