Identifier
Created
Classification
Origin
08RANGOON806
2008-10-15 08:50:00
CONFIDENTIAL
Embassy Rangoon
Cable title:
BURMA: ASSK FILES APPEAL; REGIME CONTINUES
how-toVZCZCXRO6063 PP RUEHCHI RUEHDT RUEHHM RUEHNH RUEHTRO DE RUEHGO #0806/01 2890850 ZNY CCCCC ZZH P 150850Z OCT 08 FM AMEMBASSY RANGOON TO RUEHC/SECSTATE WASHDC PRIORITY 8285 INFO RUCNASE/ASEAN MEMBER COLLECTIVE RUEHGG/UN SECURITY COUNCIL COLLECTIVE RUEHBY/AMEMBASSY CANBERRA 1579 RUEHNE/AMEMBASSY NEW DELHI 5063 RUEHUL/AMEMBASSY SEOUL 8661 RUEHKO/AMEMBASSY TOKYO 6230 RHHMUNA/CDR USPACOM HONOLULU HI RUEHGV/USMISSION GENEVA 4080 RHEHNSC/NSC WASHDC RUCNDT/USMISSION USUN NEW YORK 2045 RUEKJCS/SECDEF WASHDC RUEHBS/USEU BRUSSELS RUEKJCS/JOINT STAFF WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000806
SIPDIS
STATE FOR EAP AND IO; PACOM FOR FPA
E.O. 12958: DECL: 04/20/2017
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: ASSK FILES APPEAL; REGIME CONTINUES
PERSECUTION
REF: A. RANGOON 754
B. RANGOON 725
C. RANGOON 704
D. RANGOON 648
Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d)
Summary
-------
C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000806
SIPDIS
STATE FOR EAP AND IO; PACOM FOR FPA
E.O. 12958: DECL: 04/20/2017
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: ASSK FILES APPEAL; REGIME CONTINUES
PERSECUTION
REF: A. RANGOON 754
B. RANGOON 725
C. RANGOON 704
D. RANGOON 648
Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d)
Summary
--------------
1. (C) Aung San Suu Kyi's (ASSK) attorney confirmed that his
assistant filed the appeal of ASSK's house arrest in Nay Pyi
Taw October 9. Authorities have not yet responded. On
October 10, the regime arrested four members of Generation
Wave, a pro-democracy group linked to last September's
protests. On October 13, officials held a series of closed
legal hearings at a special court in Insein prison to
consolidate the charges pending against over 30 detained
pro-democracy activists. End Summary.
ASSK FILES APPEAL
--------------
2. (C) Aung San Suu Kyi's attorney, U Kyi Win (aka Neville),
confirmed that his assistant filed a legal appeal of ASSK's
house arrest October 9 in Nay Pyi Taw. So far, officials
have not responded to the appeal or acknowledged its receipt.
Neville told us he is pessimistic about the chances of
success, but remains committed to challenging his client's
detention forthrightly. Neville previously noted that,
unlike three previous appeals filed by surrogates who lacked
sufficient legal standing, in this case ASSK had given him a
power of attorney (POA) to represent her in this matter.
Neville informed us that a POA from ASSK - lacking in the
previous instances - is an important legal requirement for an
appeal. (reftels).
3. (C) In response to a request from Neville, the EMBASSY
provided him with copies of open source news articles in
which the Burmese Director General of Police 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. Neville thanked us for our assistance and said
the articles were helpful in bolstering his argument that
ASSK does not pose a threat that justifies her continued
detention (reftel A). Neville does not have specific plans
pending to see ASKK, but may request a meeting with her soon.
MORE ARRESTS
--------------
4. (C) Human rights activist Ko Maung Maung Lay informed us
that authorities arrested four members of the pro-democracy
group Generation Wave on October 10. According to a
statement released in the name of Generation Wave, Khine Ko
Mon (aka Nyein Chan),Ye Thu (aka Nyi Nyi),Zin Min Aung, and
Aung Paing were arrested while visiting a house in Rangoon.
Ko Maung Maung Lay could not confirm reports that police also
detained four others who were in the house at the time. So
far, officials have not acknowledged the arrests or released
any information about the whereabouts or condition of the
detainees. Generation Wave is a pro-democracy group believed
to have been involved in last September's peaceful
pro-democracy protests.
LEGAL HEARINGS FOR ACTIVISTS
--------------
5. (C) Opposition lawyer U Aung Thein reported that on
October 13 officials held a series of closed legal hearings
for over 30 detained pro-democracy activists, including monk
activist U Gambira and 88 Generation Students (88GS) leaders
Min Ko Naing and Ko Ko Gyi. While attorneys for the accused
were permitted to attend, as was the case in the past, family
members and colleagues were barred from the hearings, which
took place at a special court at Insein prison. Contrary to
RANGOON 00000806 002 OF 002
exile media reports that Monday marked the start of the
trials for these detainees, many of these activists have had
several hearings over the past several months. U Aung Thein
clarified that officials used the hearings to consolidate
some of the cases pending against these activists so that
they will each face one trial for all pending charges, rather
than separate trials for each individual charge. 88GS
members Nilar Thein and Mar Mar Oo briefly appeared in court
October 13, although no charges were filed against them at
that time. They are scheduled for court hearings beginning
October 17.
VAJDA
SIPDIS
STATE FOR EAP AND IO; PACOM FOR FPA
E.O. 12958: DECL: 04/20/2017
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: ASSK FILES APPEAL; REGIME CONTINUES
PERSECUTION
REF: A. RANGOON 754
B. RANGOON 725
C. RANGOON 704
D. RANGOON 648
Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d)
Summary
--------------
1. (C) Aung San Suu Kyi's (ASSK) attorney confirmed that his
assistant filed the appeal of ASSK's house arrest in Nay Pyi
Taw October 9. Authorities have not yet responded. On
October 10, the regime arrested four members of Generation
Wave, a pro-democracy group linked to last September's
protests. On October 13, officials held a series of closed
legal hearings at a special court in Insein prison to
consolidate the charges pending against over 30 detained
pro-democracy activists. End Summary.
ASSK FILES APPEAL
--------------
2. (C) Aung San Suu Kyi's attorney, U Kyi Win (aka Neville),
confirmed that his assistant filed a legal appeal of ASSK's
house arrest October 9 in Nay Pyi Taw. So far, officials
have not responded to the appeal or acknowledged its receipt.
Neville told us he is pessimistic about the chances of
success, but remains committed to challenging his client's
detention forthrightly. Neville previously noted that,
unlike three previous appeals filed by surrogates who lacked
sufficient legal standing, in this case ASSK had given him a
power of attorney (POA) to represent her in this matter.
Neville informed us that a POA from ASSK - lacking in the
previous instances - is an important legal requirement for an
appeal. (reftels).
3. (C) In response to a request from Neville, the EMBASSY
provided him with copies of open source news articles in
which the Burmese Director General of Police 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. Neville thanked us for our assistance and said
the articles were helpful in bolstering his argument that
ASSK does not pose a threat that justifies her continued
detention (reftel A). Neville does not have specific plans
pending to see ASKK, but may request a meeting with her soon.
MORE ARRESTS
--------------
4. (C) Human rights activist Ko Maung Maung Lay informed us
that authorities arrested four members of the pro-democracy
group Generation Wave on October 10. According to a
statement released in the name of Generation Wave, Khine Ko
Mon (aka Nyein Chan),Ye Thu (aka Nyi Nyi),Zin Min Aung, and
Aung Paing were arrested while visiting a house in Rangoon.
Ko Maung Maung Lay could not confirm reports that police also
detained four others who were in the house at the time. So
far, officials have not acknowledged the arrests or released
any information about the whereabouts or condition of the
detainees. Generation Wave is a pro-democracy group believed
to have been involved in last September's peaceful
pro-democracy protests.
LEGAL HEARINGS FOR ACTIVISTS
--------------
5. (C) Opposition lawyer U Aung Thein reported that on
October 13 officials held a series of closed legal hearings
for over 30 detained pro-democracy activists, including monk
activist U Gambira and 88 Generation Students (88GS) leaders
Min Ko Naing and Ko Ko Gyi. While attorneys for the accused
were permitted to attend, as was the case in the past, family
members and colleagues were barred from the hearings, which
took place at a special court at Insein prison. Contrary to
RANGOON 00000806 002 OF 002
exile media reports that Monday marked the start of the
trials for these detainees, many of these activists have had
several hearings over the past several months. U Aung Thein
clarified that officials used the hearings to consolidate
some of the cases pending against these activists so that
they will each face one trial for all pending charges, rather
than separate trials for each individual charge. 88GS
members Nilar Thein and Mar Mar Oo briefly appeared in court
October 13, although no charges were filed against them at
that time. They are scheduled for court hearings beginning
October 17.
VAJDA