BURMA: FIRST WITNESSES IN ASSK/YETTAW TRIAL; AMCIT

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000288 SIPDIS DEPT FOR CA/OCS; STATE FOR EAP AND IO; PACOM FOR FPA E.O. 12958: DECL: 05/17/2019 TAGS: CASC PGOV PHUM PREL BM SUBJECT: BURMA: FIRST WITNESSES IN ASSK/YETTAW TRIAL; AMCIT YETTAW'S CONDITION REF: A. RANGOON 281 ¶B. RANGOON 279 AND PREVIOUS Classified By: Poloff Sean ONeill for Reasons 1.4 (b) & (d) Summary -------------- ¶1. (SBU) On May 18, Consul attended the opening session of the trial against Amcit John William Yettaw, Aung San Suu Kyi (ASSK),and ASSK's two live-in aides at a special court in Insein prison. Consul was permitted to observe the proceedings, but was told he could not speak with Mr. Yettaw until after the trial. Mr. Yettaw appeared thinner than the last time we saw him on May 14 and indicated by way of gestures that he is drinking water but is still not eating. We are requesting greater consular access to safeguard his health. ¶2. (SBU) Prosecutors called two witnesses: a police official who outlined the accusations against ASSK and a city official who presented testimony against Yettaw. ASSK's lead attorney U Kyi Win (aka Neville) conducted a vigorous cross examination of the police witness against his client and urged the court to open the trial to the public. Approximately 200 people, including NLD Central Executive Committee member Win Tin, gathered outside a security checkpoint approximately a quarter mile from Insein prison during today's hearings. The police observed the gathering but did not interfere. ¶3. (C) Family members of Dr. Tin Myo Win (aka Douglas) confirmed to us that Douglas was released the evening of May 16 and is resting at home. Opposition lawyer Aung Thein told us that on May 15, police informed him and fellow opposition lawyer Khin Maung Shein that they had been disbarred and were no longer permitted to practice law in Burma. End Summary. ASSK/Yettaw Trial -------------- ¶4. (SBU) On May 18, Consul and Senior Consular FSN attended the first session of the trial against Amcit John William Yettaw, NLD General Secretary Aung San Suu Kyi (ASSK),and ASSK's two live-in aides, following an initial hearing May 14 (Reftels). While all four defendants and their lawyers were present for the four-hour hearing, the bulk of today's proceedings focused on ASSK. At the outset, ASSK's lead counsel U Kyi Win (aka Neville) noted that only the U.S. Embassy had been granted permission to attend the hearing; he lamented that other missions were not present and that the case is being held out of the public eye. ¶5. (SBU) The prosecution presented two witnesses today, a police Lt. Colonel with Special Branch, who described the allegations against ASSK, and the head of the Myangone District Office of the Rangon Municipal Development Committee. The Special Branch officer recounted the accusations against ASSK (consistent with what has been reported previously),while the Rangoon city official discussed the municipal restrictions governing access to the area around ASSK's residence. Prosecutors highlighted ASSK's role in allowing Yettaw to enter her home and providing him food. They noted that her two aides had abetted ASSK in performing these actions, which they contend was a violation of her restrictions. ¶6. (SBU) Following direct questioning by the prosecutor, Consul observed Neville aggressively cross examine the Special Branch officer about the allegations against ASSK. Neville challenged him to explain how any of ASSK's actions constituted a violation of Burmese criminal law. The lawyer for ASSK's aides also questioned the witness about the allegations against his clients. Yettaw's lawyer was given three minutes to consult with his client prior to the start RANGOON 00000288 002 OF 003 of today's court hearing. However, he was able to speak with Yettaw during and after the trial and he cross examined the two witnesses. ¶7. (SBU) ASSK appeared alert and in good health. She was dressed neatly in civilian clothes - not a prisoner's uniform. She remained quiet for most of the proceedings, but did speak with her two lawyers at several points during the hearing. ¶8. (SBU) The trial is being held in a makeshift courtroom with the 20-foot tall red interior walls of Insein prison visible through the open windows. Aside from Consul and consular FSN, the 50 others present in the courtroom appeared to be low-level prison guards and plainclothes policemen. The sounds of nearby crows and chickens frequently drowned out the testimony. At ONE point, the sound of fighting dogs outside the window interrupted Neville's cross examination of a witness. ¶9. (SBU) The next court session is scheduled for Tuesday, May 19. Special Branch officials have confirmed our continuing consular access throughout the trial. Yettaw's lawyer has assured us he has been given the same assurance of access. Yettaw's attorney told Consul he believes the trial could last as long as "three or four months," but noted this is just speculation. Yettaw's Condition -------------- ¶10. (SBU) Consul requested direct access to Mr. Yettaw today, but the court denied the request, stating that such access could not be granted while the trial is underway. However, Yettaw gestured to Consul that he is still not eating and was only taking water. Consul spoke with Yettaw's prison doctor, who confirmed that Yettaw is still refusing food, but had agreed to an intravenous drip and drank electrolytes on Sunday, May 17. Yettaw signaled to Consul that he has been experiencing heart palpitations. The doctor confirmed that Yettaw has experienced these palpitations approximately three times a day. (Note: Post is sending a diplomatic note requesting personal access to Yettaw during the trial given these medical concerns). NLD Supporters Gather Near Court Amidst Tight Security -------------- -------------- ¶11. (SBU) An Australian diplomat and a local U.S. Embassy staff member reported approximately 200 people, including NLD Central Executive Committee member Win Tin, gathered outside a security checkpoint approximately a quarter mile from Insein prison. Witnesses told us that, while some wore NLD shirts, many appeared to be onlookers from a nearby market. None of the witnesses with whom we spoke, including our staff and other diplomats, saw any of the people engaging in overt political protests or other demonstrations. The police observed the gathering but did not interfere. (Note: based on the eyewitness accounts and photos, it appears reports that as many as 3,000 people took part in a "protest" are inaccurate). ¶12. (SBU) Security around Insein prison was tight, with at least two checkpoints erected at major roads into the area. Several Australian and European diplomats tried to enter the prison to observe the hearing, but were told only U.S. diplomats would be admitted. Additionally, police restricted pedestrian traffic adjacent to the prison walls for the duration of today's hearings. Security around NLD headquarters in central Rangoon was similarly tight, although no disturbances were reported there. Over the weekend, police began to remove some of the security barricades near ASSK's home on University Avenue, leading to speculation that ASSK would not return home any time soon. RANGOON 00000288 003 OF 003 ASSK's Doctor Released -------------- ¶13. (C) Family members of Dr. Tin Myo Win (aka Douglas - ASSK's personal physician) confirmed to us that Douglas was released the evening of May 16 and is resting at home. Douglas' family told us that his HEALTH is good, but did not relay any additional information about where he had been held or what reason, if any, the authorities had given for arresting her doctor on May 7. Two Opposition Lawyers Disbarred -------------- ¶14. (C) Opposition lawyer Aung Thein told us that on May 15, police informed him and fellow opposition lawyer Khin Maung Shein that they had been disbarred and were no longer permitted to practice law in Burma. On May 14, Aung Thein traveled to Insein prison and applied for the court's permission to join ASSK's legal team, but was turned away by authorities (note: ASSK's lawyer Neville said Aung Thein appeared at Insein on his own accord and had not been asked to join ASSK's defense team). Both Aung Thein and Khin Maung Shein have represented prominent opposition activists in the past, including imprisoned monk-activist U Gambira. In November 2008, both men were sentenced to four months' imprisonment for contempt of court after they challenged the lack of due process in their clients' trials. Comment/Guidance Request -------------- ¶15. (C) The CDA is scheduled to meet with Foreign Minister Nyan Win on May 19 in Nay Pyi Taw to convey U.S. concerns about ASSK's HEALTH and to press for her release. CDA also plans to confirm continued consular access to John Yettaw's trial and stress our need to meet with Yettaw directly out of concerns for his health. CDA is seeking separate meetings in Nay Pyi Taw with the Minister of Information (who heads the GOB's "Spokes Authoritative Team"),Minister of Labor (who doubles as Liaison Minister for ASSK),and Minister of Home Affairs. Neither the Foreign Minister, nor any of the other ministers, have the authority to deliver ASSK's release -- that rests with Than Shwe -- but we will be able to deliver the U.S. message directly to at least ONE Cabinet-level official. We welcome guidance on additional points the CDA should raise. DINGER