ASSK MEETS WITH LAWYER AGAIN, AGREES TO FOOD

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000725 SIPDIS STATE FOR EAP AND IO; PACOM FOR FPA E.O. 12958: DECL: 09/15/2018 TAGS: PGOV PREL PHUM BM SUBJECT: ASSK MEETS WITH LAWYER AGAIN, AGREES TO FOOD DELIVERIES REF: RANGOON 704 Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d) SUMMARY -------------- ¶1. (C) Aung San Suu Kyi's lawyer Kyi Win (aka Neville) confirmed to us that he met with his client again at her home on September 11 and 13 to discuss her legal appeal. Neville also reported that over the weekend authorities agreed to allow Aung San Suu Kyi regular doctor's visits, the unrestricted daytime movement of her two household companions, and the delivery of family letters and news periodicals. NLD sources confirmed that, as a result of these concessions, ASSK had begun accepting food deliveries again. However, Neville noted that several important legal issues remain unresolved, including the regime's failure to provide him key documents and evidence in connection with her detention. End Summary. ACCESS TO ASSK -------------- ¶2. (C) In a September 15 meeting with Poloff, Neville confirmed that he met with ASSK at her home on September 11 and 13. He said she was in good health and they primarily discussed the appeal of her house arrest. He did not indicate that he faced any time limitations on these meetings. He met with the Chief of the Special Branch of Police (SB) before and after each meeting, as he had in the past. Neville confirmed he has now met ASSK five times since August 8 and reported her doctor, Tin Myo Win, aka Douglas, visited her on September 14. ASSK REQUESTS -------------- ¶3. (C) Neville reported that over the weekend authorities agreed to allow Aung San Suu Kyi regular doctor's visits, the unrestricted daytime movement of her two household companions, and the delivery of family letters and news periodicals, including Time and Newsweek - which ASSK specifically requested. Neville told us he sent a letter to SB on September 5 with these requests, following several discussions with ASSK. He was told the authorities would agree to the requests on September 11. Neville relayed this news to ASSK on September 13 and on September 15, NLD spokesman Nyan Win confirmed that, as a result of these concessions, ASSK has begun accepting food deliveries again. ¶4. (C) Neville pointed out that ASSK was particularly pleased her two household companions would be granted the freedom to come and go. Neville said both women (a mother and daughter) volunteered to stay with ASSK in 2004 "out of devotion to her," and had never been accused of any crime. Nonetheless, the regime had essentially treated them as detainees, denying them the freedom to enter and leave the house as they wished. We have confirmed that one of the two companions, Win Ma Ma, remains in the hospital where she has been since September 6. APPEAL -------------- ¶5. (C) Neville reported that ASSK remains interested in pursing a new appeal of her house arrest. He noted that previous appeals filed by NLD surrogates who lacked sufficient legal standing under Burmese law have been ignored by the regime (reftel). While she is pessimistic about the chances of success, Neville said ASSK is committed to challenging the regime's actions head on and has formally named him as her attorney in this matter. ¶6. (C) Neville pointed out that several important legal issues crucial to the appeal remain unresolved. In particular, he noted that officials have never provided ASSK RANGOON 00000725 002 OF 002 with a certified copy of the order authorizing her detention or produced any evidence supporting her house arrest. Neville said that in a chance meeting recently, he challenged the Deputy Attorney General to present evidence justifying the regime's detention of ASSK. The Deputy Attorney General told Neville that the regime is prepared to present evidence against ASSK in the event she files an appeal, but would not elaborate. Neville lamented that it is difficult to appeal an order one has never seen or to challenge undisclosed evidence. He reported that on September 15 he formally requested authorities to provide a certified copy of the detention order and disclose any relevant evidence related to ASSK's house arrest. Neville said he will continue to work on her appeal, which he intends to file as soon as he receives the certified copy of the detention order. DINGER