BURMA: ZAGANAR, U GAMBIRA SENTENCED; NLD MARKS

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000907

SIPDIS

STATE FOR EAP AND IO; PACOM FOR FPA

E.O. 12958: DECL: 11/23/2018
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: ZAGANAR, U GAMBIRA SENTENCED; NLD MARKS
NATIONAL DAY

Classified By: Pol/Econ Chief Jennifer Harhigh for Reasons 1.4 (b) & (d
)

SUMMARY
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1. (C) Human rights contacts and detainee family members
confirmed November 24 that Burmese comedian Zaganar and
leader of the All-Burma Monks Alliance U Gambira were
sentenced to prison terms of 45 years and 68 years,
respectively. The regime has now convicted and sentenced
over 100 activists to lengthy terms since November 7.
Meanwhile, a solo protest occurred outside NLD headquarters
as the party held a muted celebration of Burmese National Day
November 22. End summary.

ZAGANAR SENTENCED TO 45 YEARS; MORE PUNISHMENT ON THE WAY
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2. (C) On November 21, well-known Burmese comedian Zaganar
(aka Thu Ra) was sentenced to 45 years in prison for
violating the Electronic Transactions Law, which prohibits
"using technology to the detriment of the security of the
country," his sister-in-law confirmed. He was convicted of
three identical counts of violating the Law, presumably in
connection with three video CDs that authorities seized from
his home at the time of his arrest, including Rambo IV, the
wedding video of Than Shwe's daughter, and a video detailing
the aftermath of Cyclone Nargis. He received the maximum
allowable penalty of 15 years for all three counts.


3. (C) Zaganar, an active supporter of the September 2007
protests and an outspoken public critic of the regime's inept
response to Cyclone Nargis, is due back in court November 27
to face additional charges, including violating provisions of
the Penal Code (causing fear or alarm among the public,
causing disgrace to the religious feelings of a class of
people, etc.),and its sections known commonly as the Video
Act (distribution of electronic materials),and the Unlawful
Association Act.

U GAMBIRA GETS 68 YEARS
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4. (C) Human Rights activist Maung Maung Lay confirmed
November 24 that U Gambira, the leader of the All-Burma Monks
Alliance and a key figure in the September 2007 monk-led
protests, was sentenced to 68 years' imprisonment on November

21. He had been arrested November 4, 2007. U Gambira was
charged with violating 10 different elements of the Penal
Code, including sections commonly referred to as the
Emergency Provisions Act, the Unlawful Association Act, the
Electronic Transactions Law, and the Printers and Publishers
Registration Act -- for his role in the September 2007
protests and media interviews conducted later while in
hiding. Maung Maung Lay said he expected U Gambira could
face additional sentences in the coming days.

NUMBER CONVICTED SINCE NOVEMBER 7 TOPS 100
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5. (C) Maung Maung Lay also reported that political
prisoners Zaw Thet Htwe and Thant Zin each received 15 year
prison terms, and Tin Maung Aye received 29 years, in
connection with their support for the September protests and
"unlawful" cyclone relief work. All were colleagues of
Zaganar. They may receive additional sentences shortly. The
convictions of these three bring our tally of political
activists sentenced since November 7 to over 100.

SOLO PROTEST MARKS NLD NATIONAL DAY COMMEMORATION
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6. (C) NLD Spokesman Nyan Win confirmed that on November
22, the NLD marked the 88th anniversary of Yangon University
student protests against British colonial rule by holding a
small event at NLD headquarters. Separately, Min Thein, a

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member of the 88 Generation Students (88GS) group, protested
alone in front of the NLD headquarters with a sign that said,
"Release Min Ko Naing and other political prisoners." He was
noticed by plainclothes police but to our knowledge has not
yet been arrested. Nyan Win noted that Min Thein regularly
performs similar solo protests.


7. (C) 88GS leader Toe Kyaw Hlaing told us this year's NLD
commemoration was more subdued than past events. He noted
the NLD did not invite more outspoken political activists;
rather, they held a low-key "talk show" type event in which
two well-known writers gave speeches.


8. (SBU) Although the GOB does not officially commemorate
National Day, security forces closed down the road in front
of Aung San Suu Kyi's home on November 22, presumably as a
precaution. The road has since been reopened. Meanwhile,
Senior General Than Shwe's National Day message, in which he
decries "neocolonialism" and touts the regime's seven-step
Road Map, appeared in the government's New Light of Myanmar
November 22.

COMMENT
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9. (C) The lengthy sentences handed to Zaganar and U
Gambira (with more potentially on the way),like previous
convictions this month, highlight the lengths to which the
regime will go in persecuting its perceived enemies. Our
estimates of potential sentences, based on the charges made
public, have been much too conservative; a more accurate
technique may be to assume conviction and maximum sentences
on all counts and add 20 years. The bottom line remains that
all regime critics are accused, convicted, and sentenced
without due process. It appears the regime is seeking to
sweep clean the playing field for the planned 2010 elections
before even promulgating political party registration and
electoral laws. Activists are skittish, with some scaling
back planned capacity-building efforts, others noting the
difficulties of recruiting the next generation given the
current circumstances, and some making plans to leave Burma.
DINGER