Identifier
Created
Classification
Origin
09RANGOON393
2009-06-26 06:00:00
CONFIDENTIAL
Embassy Rangoon
Cable title:
ASSK/YETTAW TRIAL DELAYED PENDING SUPREME COURT
VZCZCXRO9661 PP RUEHCHI RUEHDT RUEHHM RUEHNH RUEHTRO DE RUEHGO #0393 1770600 ZNY CCCCC ZZH P 260600Z JUN 09 FM AMEMBASSY RANGOON TO RUEHC/SECSTATE WASHDC PRIORITY 9162 INFO RUCNASE/ASEAN MEMBER COLLECTIVE RUEHGG/UN SECURITY COUNCIL COLLECTIVE RUEHBY/AMEMBASSY CANBERRA 2097 RUEHNE/AMEMBASSY NEW DELHI 5571 RUEHUL/AMEMBASSY SEOUL 9167 RUEHKO/AMEMBASSY TOKYO 6745 RUEAIIA/CIA WASHDC RHHMUNA/CDR USPACOM HONOLULU HI RUEHGV/USMISSION GENEVA 4554 RHEHNSC/NSC WASHDC RUCNDT/USMISSION USUN NEW YORK 2548 RUEKJCS/SECDEF WASHDC RUEHBS/USEU BRUSSELS RUEKJCS/JOINT STAFF WASHDC
C O N F I D E N T I A L RANGOON 000393
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 06/25/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: ASSK/YETTAW TRIAL DELAYED PENDING SUPREME COURT
DECISION
REF: A. RANGOON 382
B. RANGOON 381
Classified By: Political Officer Chelsia C. Wheeler for Reasons 1.4 (b)
& (d)
Summary
-------
C O N F I D E N T I A L RANGOON 000393
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 06/25/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: ASSK/YETTAW TRIAL DELAYED PENDING SUPREME COURT
DECISION
REF: A. RANGOON 382
B. RANGOON 381
Classified By: Political Officer Chelsia C. Wheeler for Reasons 1.4 (b)
& (d)
Summary
--------------
1. (SBU) On June 26 the Divisional Court delayed the trial
of Aung San Suu Kyi, her two assistants, and Amcit John
Yettaw until July 3, pending the decision of the Supreme
Court on whether to allow two additional defense witnesses
(reftels). Yettaw broke his 49-day fast on the morning of
June 26. In the courtroom on June 26 he appeared in better
health than during our June 20 consular meeting with him.
End Summary.
Court Awaits Ruling on Witnesses
--------------
2. (SBU) On June 26, the Divisional Court at Insein Prison
convened just long enough to delay the resumption of the
trial of Aung San Suu Kyi, her two assistants, and Amcit John
Yettaw until July 3. The presiding judges gave no
explanation. However, Home Affairs official Phone Khaw
Khaing, who has attended all of the proceedings related to
Yettaw, including our consular visits, explained to Conoffs
that the trial court cannot proceed until the Supreme Court
rules on whether to reinstate two defense witnesses who had
previously been barred from testifying. An appeals court had
previously readmitted another defense witness, Daw Khin Mot
Mot. Phone Khaw Khaing said that, if the Supreme Court
issues its decision within the coming week, the trial court
will hear testimony during the July 3 session.
Security Tight, But No Protests
--------------
3. (C) Security around the prison was tight during the
proceedings. EMBASSY staff observed nearly 20 riot police
trucks in the area, and all side streets near the prison
entrance were closed to vehicle and pedestrian traffic. We
did not notice any protesters on the streets around the
prison, which normally has very heavy pedestrian traffic.
National League for Democracy Central Executive Committee
member U Win Tin had earlier told us he would continue his
vigil near Insein Prison on June 26, as he has every day the
trial court has been in session. We have not been able to
reach him to confirm if he did so.
John Yettaw's Condition and Consular Access
--------------
4. (SBU) Vice Consuls and a consular staff member attended
the June 26 court session, at which all four defendants
appeared. EMBASSY staff could not communicate with Yettaw
directly but observed him from a short distance. He appeared
to be in better health than during our June 20 visit, and his
attorney told us that Yettaw had ended his 49-day fast that
morning. We have requested further consular access to Yettaw
via diplomatic note, but as of the afternoon of June 26, the
GOB has yet to grant it.
DINGER
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 06/25/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: ASSK/YETTAW TRIAL DELAYED PENDING SUPREME COURT
DECISION
REF: A. RANGOON 382
B. RANGOON 381
Classified By: Political Officer Chelsia C. Wheeler for Reasons 1.4 (b)
& (d)
Summary
--------------
1. (SBU) On June 26 the Divisional Court delayed the trial
of Aung San Suu Kyi, her two assistants, and Amcit John
Yettaw until July 3, pending the decision of the Supreme
Court on whether to allow two additional defense witnesses
(reftels). Yettaw broke his 49-day fast on the morning of
June 26. In the courtroom on June 26 he appeared in better
health than during our June 20 consular meeting with him.
End Summary.
Court Awaits Ruling on Witnesses
--------------
2. (SBU) On June 26, the Divisional Court at Insein Prison
convened just long enough to delay the resumption of the
trial of Aung San Suu Kyi, her two assistants, and Amcit John
Yettaw until July 3. The presiding judges gave no
explanation. However, Home Affairs official Phone Khaw
Khaing, who has attended all of the proceedings related to
Yettaw, including our consular visits, explained to Conoffs
that the trial court cannot proceed until the Supreme Court
rules on whether to reinstate two defense witnesses who had
previously been barred from testifying. An appeals court had
previously readmitted another defense witness, Daw Khin Mot
Mot. Phone Khaw Khaing said that, if the Supreme Court
issues its decision within the coming week, the trial court
will hear testimony during the July 3 session.
Security Tight, But No Protests
--------------
3. (C) Security around the prison was tight during the
proceedings. EMBASSY staff observed nearly 20 riot police
trucks in the area, and all side streets near the prison
entrance were closed to vehicle and pedestrian traffic. We
did not notice any protesters on the streets around the
prison, which normally has very heavy pedestrian traffic.
National League for Democracy Central Executive Committee
member U Win Tin had earlier told us he would continue his
vigil near Insein Prison on June 26, as he has every day the
trial court has been in session. We have not been able to
reach him to confirm if he did so.
John Yettaw's Condition and Consular Access
--------------
4. (SBU) Vice Consuls and a consular staff member attended
the June 26 court session, at which all four defendants
appeared. EMBASSY staff could not communicate with Yettaw
directly but observed him from a short distance. He appeared
to be in better health than during our June 20 visit, and his
attorney told us that Yettaw had ended his 49-day fast that
morning. We have requested further consular access to Yettaw
via diplomatic note, but as of the afternoon of June 26, the
GOB has yet to grant it.
DINGER