BURMA: MLS DIRECTOR MEETING WITH ATTORNEY GENERAL

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000197 SIPDIS STATE FOR EAP AND IO; PACOM FOR FPA E.O. 12958: DECL: 03/30/2019 TAGS: PGOV PREL PHUM ETRD BM SUBJECT: BURMA: MLS DIRECTOR MEETING WITH ATTORNEY GENERAL Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d) Summary -------------- ¶1. (C) During a March 24 meeting in Nay Pyi Taw with EAP/MLS Director Stephen Blake and Charge, Burma's Attorney General U Aye Maung asserted the 2010 elections will be "free and fair" and conducted "in accordance with the law." He said his office is responsible for writing the election laws which will closely track the election provisions in the constitution and "will be very efficient for democratization." U Aye Maung deflected questions about the legality of Aung San Suu Kyi's detention and the status of her appeal, choosing instead to praise the SPDC and its "Roadmap to Democracy." Deputy Attorney General Dr. Tun Shin sharply criticized U.S. sanctions suggesting they conflict with existing World Trade Organization obligations. End Summary. 2010 Elections: Stable and By the Book -------------- ¶2. (C) Mr. Blake and Charge briefed the Attorney General on U.S. interest in the elections and stressed that political prisoners would need to be free to participate if the international community is to consider an election free and fair. U Aye Maung assured that the elections would be conducted in accordance with "principles of democracy" and "the law." The State Peace and Development Council's efforts to foster stability, unity and reconciliation resulted in the overwhelming approval of the constitution, the Attorney General declared. Now will come the elections, which will fulfill the people's desire for "peace and stability." ¶3. (C) The Attorney General said his office is drafting the election law, which will closely track the election provisions in the 2008 constitution governing the rights and eligibilities of parties and candidates. The new law will be "very efficient for democratization." The AG acknowledged reviewing other nations' election laws, but said no outside legal experts are assisting with the drafting of Burma's election law. He has enough experience with elections to know what he is doing. (Note: the 80-year-old U Aye Maung proudly informed us that he has been a civil servant for 56 years and served under 12 different Burmese governments). Aung San Suu Kyi -------------- ¶4. (C) Mr. Blake and Charge expressed concern about the continued detention of Aung San Suu Kyi (ASSK) and asked about her pending appeal. U Aye Maung rejected unease over the NLD leader's detention as a "misunderstanding by outsiders." He averred that Burma's military government "in essense" is more democratic than so-called democratic governments. The Attorney General and his deputy acknowledged that ASSK has the right to appeal, and said that appeal is before "the appellate body." Asked what appellate body, the AG said it is the cabinet. Deputy Attorney General Tun Shin added that the cabinet would consider "the situation and the law" before deciding in due course. ¶5. (C) Charge asked when ASSK's house arrest would expire under Burmese law, noting varying reports that the law allows either a maximum detention of five or six years, meaning ASSK's detention either expired in May 2008 or would expire in May 2009. U Aye Maung evaded, claiming he couldn't recall details of that law's provisions. Sanctions and the WTO -------------- ¶6. (C) Deputy Attorney General Tun Shin raised U.S. sanctions. The foreign-educated attorney specifically criticized the JADE Act and the Burma Freedom and Democracy RANGOON 00000197 002 OF 002 Act as conflicting with U.S. obligations under the World Trade Organization. Mr. Blake noted that the intention of the sanctions is to bring about democratic change in Burma; addressing long-standing human rights abuses would help. Comment -------------- ¶7. (C) The Attorney General is certainly experienced. Presumably his advance to the peak of his profession was in part because he knows how his bread is buttered. He defended the regime's legal system and procedures, and expressed great confidence in the future. One only wishes the reality for political dissidents who enter Burma's legal system could be as rosy as the AG's depiction. DINGER