Identifier
Created
Classification
Origin
09RANGOON482
2009-07-31 07:19:00
CONFIDENTIAL
Embassy Rangoon
Cable title:
BURMA COURT POSTPONES ASSK VERDICT TO AUGUST 11
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C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000482
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 07/31/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA COURT POSTPONES ASSK VERDICT TO AUGUST 11
REF: RANGOON 475
Classified By: Charge d'Affaires Larry Dinger for Reasons 1.4 (b) & (d)
Summary
-------
C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000482
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 07/31/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA COURT POSTPONES ASSK VERDICT TO AUGUST 11
REF: RANGOON 475
Classified By: Charge d'Affaires Larry Dinger for Reasons 1.4 (b) & (d)
Summary
--------------
1. (C) Judges in the Aung San Suu Kyi (ASSK) and Yettaw
criminal cases on July 31 postponed verdicts until August 11,
saying a legal issue has arisen. The authorities allowed
diplomats, including from the U.S., to attend, but not the
media. Beforehand, ASSK spoke briefly, stressing the
importance of the rule of law and thanking diplomats and
their governments for support. ASSK appeared well. Mr.
Yettaw told us he hopes the trial will turn out to be a
catalyst for change in Burma. ASSK's lawyers had predicted a
postponement until after the August 8 anniversary of the 1988
pro-democracy uprising. We comment that the regime may have
engineered the postponement scenario to "prove" the judiciary
has an independent streak or to frustrate the Thais, whose
PM's visit was put off yet again by the regime because of
today's expected verdicts. Another verdict postponement from
August 11 is possible. We note that CODEL Webb awaits visas
to visit Burma August 12-15. End summary.
Judges postpone verdicts; reason: a "legal issue"
-------------- ---
2. (U) In what was billed to be the final trial-court
session in the criminal cases against ASSK, her aides, and
American citizen John Yettaw, the judges convened proceedings
on July 31 just long enough to postpone the verdicts to
August 11. The only explanation: a "legal issue" has arisen.
The Charge and Consul attended, as did diplomats from ASEAN,
China, Japan, South Korea, Israel, resident European, and UN
missions. Several European diplomats flew in from Bangkok.
The MOFA Director General for Protocol, resident in Nay Pyi
Taw, was also in attendance. Officials did not allow media
to attend.
ASSK thanks foreign governments for support; stresses rule of
law
-------------- --------------
3. (U) As usual, ASSK arrived early. She immediately
approached as close as possible to the assembled diplomats
and spoke briefly. She stressed "the importance of the rule
of law, justice, and a constitutional system." She suggested
"the outcome (of the trial) is obvious." She thanked the
diplomats and their governments for their concern and
support, "whatever comes." She joked that she was sorry the
postponement would leave the assembled diplomats "more work."
After the remarks, she busily conferred with her lawyers,
laughing occasionally. She appeared rested, healthy, and in
charge of her team.
Yettaw sees positives
--------------
4. (SBU) Mr. Yettaw signaled to the Charge and Consul that
he is well. From across the court room, he reiterated to us
his view that he "only wanted to do good," and he predicted
that the trial "is the beginning of a change for the better
in Myanmar (Burma)." After the session, Consul received
permission from the authorities to speak briefly with Mr.
Yettaw, conveying messages from his family, which Mr. Yettaw
clearly appreciated.
Comment
--------------
5. (C) Per reftel, ASSK's lawyers had predicted the judges
would delay a verdict until after August 8, the anniversary
of the 1988 pro-democracy uprising that brought ASSK to
prominence in Burma. That turned out to be the scenario. It
is puzzling, though, why the regime would go through the
RANGOON 00000482 002 OF 002
motions of approving diplomatic requests to attend and
bringing the Protocol DG down from Nay Pyi Taw, rather than
just have the judges initially announce a verdict date of
mid-August. One explanation could be that the regime was
wishing to "prove" it does not control the judiciary's
decisions, including its schedules. Another explanation is
that initially setting the July 31 date gave an excuse for
the regime to postpone a planned visit today by the Thai PM.
Frustrating the Thais is a favorite regime sport at the
moment, presumably in retribution for Thailand's outspoken
role as ASEAN Chair on the Burma issue. It is an open
question whether August 11 will be the actual verdict date.
We note that CODEL Webb hopes to receive visas from the
regime to visit August 12-15. The Thai Ambassador predicted
to us recently that, in the end, the judges may delay their
verdicts until after the UNGA opening in September. We will
see.
DINGER
SIPDIS
STATE FOR EAP, IO, AND CA/OCS/ACS/EAP; PACOM FOR FPA
E.O. 12958: DECL: 07/31/2019
TAGS: CASC PGOV PHUM PREL BM
SUBJECT: BURMA COURT POSTPONES ASSK VERDICT TO AUGUST 11
REF: RANGOON 475
Classified By: Charge d'Affaires Larry Dinger for Reasons 1.4 (b) & (d)
Summary
--------------
1. (C) Judges in the Aung San Suu Kyi (ASSK) and Yettaw
criminal cases on July 31 postponed verdicts until August 11,
saying a legal issue has arisen. The authorities allowed
diplomats, including from the U.S., to attend, but not the
media. Beforehand, ASSK spoke briefly, stressing the
importance of the rule of law and thanking diplomats and
their governments for support. ASSK appeared well. Mr.
Yettaw told us he hopes the trial will turn out to be a
catalyst for change in Burma. ASSK's lawyers had predicted a
postponement until after the August 8 anniversary of the 1988
pro-democracy uprising. We comment that the regime may have
engineered the postponement scenario to "prove" the judiciary
has an independent streak or to frustrate the Thais, whose
PM's visit was put off yet again by the regime because of
today's expected verdicts. Another verdict postponement from
August 11 is possible. We note that CODEL Webb awaits visas
to visit Burma August 12-15. End summary.
Judges postpone verdicts; reason: a "legal issue"
-------------- ---
2. (U) In what was billed to be the final trial-court
session in the criminal cases against ASSK, her aides, and
American citizen John Yettaw, the judges convened proceedings
on July 31 just long enough to postpone the verdicts to
August 11. The only explanation: a "legal issue" has arisen.
The Charge and Consul attended, as did diplomats from ASEAN,
China, Japan, South Korea, Israel, resident European, and UN
missions. Several European diplomats flew in from Bangkok.
The MOFA Director General for Protocol, resident in Nay Pyi
Taw, was also in attendance. Officials did not allow media
to attend.
ASSK thanks foreign governments for support; stresses rule of
law
-------------- --------------
3. (U) As usual, ASSK arrived early. She immediately
approached as close as possible to the assembled diplomats
and spoke briefly. She stressed "the importance of the rule
of law, justice, and a constitutional system." She suggested
"the outcome (of the trial) is obvious." She thanked the
diplomats and their governments for their concern and
support, "whatever comes." She joked that she was sorry the
postponement would leave the assembled diplomats "more work."
After the remarks, she busily conferred with her lawyers,
laughing occasionally. She appeared rested, healthy, and in
charge of her team.
Yettaw sees positives
--------------
4. (SBU) Mr. Yettaw signaled to the Charge and Consul that
he is well. From across the court room, he reiterated to us
his view that he "only wanted to do good," and he predicted
that the trial "is the beginning of a change for the better
in Myanmar (Burma)." After the session, Consul received
permission from the authorities to speak briefly with Mr.
Yettaw, conveying messages from his family, which Mr. Yettaw
clearly appreciated.
Comment
--------------
5. (C) Per reftel, ASSK's lawyers had predicted the judges
would delay a verdict until after August 8, the anniversary
of the 1988 pro-democracy uprising that brought ASSK to
prominence in Burma. That turned out to be the scenario. It
is puzzling, though, why the regime would go through the
RANGOON 00000482 002 OF 002
motions of approving diplomatic requests to attend and
bringing the Protocol DG down from Nay Pyi Taw, rather than
just have the judges initially announce a verdict date of
mid-August. One explanation could be that the regime was
wishing to "prove" it does not control the judiciary's
decisions, including its schedules. Another explanation is
that initially setting the July 31 date gave an excuse for
the regime to postpone a planned visit today by the Thai PM.
Frustrating the Thais is a favorite regime sport at the
moment, presumably in retribution for Thailand's outspoken
role as ASEAN Chair on the Burma issue. It is an open
question whether August 11 will be the actual verdict date.
We note that CODEL Webb hopes to receive visas from the
regime to visit August 12-15. The Thai Ambassador predicted
to us recently that, in the end, the judges may delay their
verdicts until after the UNGA opening in September. We will
see.
DINGER