BURMA -- ASSK'S LAWYER ON FILING OF APPEAL, ASSK

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000754 SIPDIS STATE FOR EAP AND IO; PACOM FOR FPA E.O. 12958: DECL: 09/23/2018 TAGS: PGOV PREL PHUM BM SUBJECT: BURMA -- ASSK'S LAWYER ON FILING OF APPEAL, ASSK VIEWS ON UN ENVOY REF: RANGOON 725 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) told us September 23 he plans to file his client's appeal in Nay Pyi Taw by October 3. The appeal will challenge the lack of justification for ASSK's detention under Burmese law and the failure of authorities to investigate the 2003 attack on ASSK's convoy in Depeyin. Neville confirmed local media reports that ASSK is willing to meet with regime-appointed Liaison Minister Aung Kyi and relayed ASSK's dissatisfaction with UN envoy Gambari. End summary. ASSK'S APPEAL -------------- ¶2. (C) In a September 23 meeting, Aung San Suu Kyi's lawyer Kyi Win (aka Neville) told Poloff he intends to file his client's appeal in Nay Pyi Taw by October 3. The appeal will argue that ASSK has committed no acts that would justify her detention under Burmese law. While the regime has never formally charged ASSK, Neville believes that the only possible justification for her detention could be found in a law that allows the government to suspend an individual's civil liberties for acts that threaten "sovereignty, security, or public peace." Neville said the appeal will focus on the lack of evidence that ASSK has ever committed any such acts. While under Burmese law the burden of proving one's innocence normally falls to the accused, Neville will attempt to shift the responsibility back to the government by arguing the regime has the initial burden of accusing the individual of unlawful conduct. "It's difficult to prove one is innocent of undisclosed crimes" he said, and added he hopes the appeal will at the very least force the government to articulate the reasons behind ASSK's house arrest. ¶3. (C) Neville will attempt to bolster his case with statements the regime and its officials have made regarding ASSK. Specifically, he would like to include the transcript of a statement Burma's Director General of Police Khin Yi made at a May 2006 conference of Asian police officials in Kuala Lumpur in which he said that ASSK's prestige had fallen to such a degree that releasing her would have no effect on the political stability or tranquility of the country. (Note: Neville asked for Embassy assistance in obtaining a transcript of this statement; we are tracking it down. End note.) While he is certain Khin Yi intended to belittle the NLD leader, Neville thinks the statement provides powerful evidence the government lacks any justification for her detention. ¶4. (C) Neville also hopes to include a statement the regime released in June 2003 in which it suggested ASSK had been detained for her own safety following an attack on her convoy in Depeyin. Several of ASSK's supporters were killed and injured in that attack. The appeal will challenge the notion of ASSK's house arrest as a form of protective custody as well as the authorities' failure to investigate this incident properly. Neville also said he would argue that ASSK was the victim of the attack, not the perpetrator, and therefore poses no threat to the state. ¶5. (C) Neville said ASSK has reviewed and discussed with him the substance of her appeal. While she expects the appeal will fail, Neville said she remains committed to challenging her detention forthrightly. Neville, who last saw his client on September 13, does not know when or if he will be permitted another visit. He plans to request another meeting with ASSK once the appeal is filed, but is not confident his request will be granted. ASSK ON AUNG KYI AND GAMBARI -------------- RANGOON 00000754 002 OF 002 ¶6. (C) Neville reported that while he and ASSK normally restrict their conversations to legal matters, during their September 13 meeting, ASSK said she would be willing to meet with regime liaison Aung Kyi, but she expressed reservations about UN envoy Gambari. ASSK told Neville that she has nothing against Gambari personally but thinks the UN should take a more neutral, unbiased approach to Burma. While she did not elaborate, Neville believes her implication was that Gambari's past visits have been biased in favor of the regime and its roadmap. DINGER