BURMA: OPPOSITION LAWYER REQUESTS PUBLIC STATEMENT

C O N F I D E N T I A L RANGOON 000865 SIPDIS STATE FOR EAP AND IO; PACOM FOR FPA E.O. 12958: DECL: 11/06/2018 TAGS: PGOV PREL PHUM BM SUBJECT: BURMA: OPPOSITION LAWYER REQUESTS PUBLIC STATEMENT REF: RANGOON 860 Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d) ¶1. (C) Further to reftel, on November 7 opposition lawyer Aung Thein told us that he thinks a public statement by the Department criticizing the regime's recent prosecution of him and three other opposition lawyers would be helpful (please see paragraphs 3 and 4). His sentiments echo those of NLD spokesman U Nyan Win, who also urged us to condemn publicly the regime's prosecution of the lawyers. Aung Thein made clear that he understood we were talking about a public statement by the Department, not a private communication to the regime. He said his wife's November 6 request that we not issue a statement stemmed from her desire to be cautious before speaking with him. ¶2. (C) As detailed in reftel, on October 30 opposition lawyers U Aung Thein and U Khin Maung Shein were charged with contempt of court. The two attorneys appeared before a Rangoon court November 6 to face the charges, only to have their cases postponed without decision. They remain free pending their next hearing. In late October, two other lawyers were charged with contempt. Nyi Nyi Htwe has already been sentenced to six months' imprisonment, while Saw Kyaw Kyaw Min remains in hiding (reftel). ¶3. (C) Given this new and blatant attempt by the junta to further intimidate the opposition, and with the consent of U Aung Thein, we recommend the Department issue a statement condemning these actions and calling for the immediate release of Nyi Nyi Htwe and the dismissal of all pending charges against U Aung Thein, U Khin Maung Shein, and Saw Kyaw Kyaw Min. We include below suggested text for this statement. ¶4. (SBU) Begin Draft Statement: The United States condemns the Burmese regime's recent prosecution of four defense lawyers in connection with their legal representation of political detainees. In the past two weeks, defense attorney Nyi Nyi Htwe was sentenced to six months' imprisonment and three others, U Aung Thein, U Khin Maung Shein, and Saw Kyaw Kyaw Min, face possible prison time for contempt of court after they lodged complaints about the lack of due process in their clients' trials. These actions represent a blatant attempt by the regime to intimidate these lawyers and demonstrate its contempt for the rule of law. We call on the regime to release immediately Nyi Nyi Htwe and drop all charges pending against U Aung Thein, U Khin Maung Shein, and Saw Kyaw Kyaw Min. We further reiterate our call for the regime to release all political prisoners immediately, and begin a genuine dialogue with democratic and ethnic minority groups on a transition to a civilian, democratic government in Burma. End Draft Statement. DINGER