BURMA: DIVISIONAL COURT REJECTS AUNG SAN SUU KYI'S

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000676

SIPDIS

STATE FOR EAP AND IO; PACOM FOR FPA

E.O. 12958: DECL: 10/02/2019
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: DIVISIONAL COURT REJECTS AUNG SAN SUU KYI'S
APPEAL

REF: A. RANGOON 639

B. RANGOON 664

C. RANGOON 518

RANGOON 00000676 001.2 OF 002


Classified By: P/E Chief Jennifer A. Harhigh for Reasons 1.4 (b) & (d)

Summary
--------------


1. (C) As expected, the Rangoon Divisional Court on October
2 upheld the lower court's conviction of Aung San Suu Kyi
(ASSK),who remains under house arrest under an edict issued
by Than Shwe. Her legal team will continue to contest the
conviction by appealing to the Supreme Court. ASSK's legal
team is also pressing ahead with ASSK's request to arrange
renovations to her home, thus far without success. ASSK
personal physician Dr. Tin Myo Win (Douglas) confirmed he
plans to visit ASSK the afternoon of October 2. End summary.

Appeal dismissed; lawyers to seek Supreme Court "revision"

-------------- --------------


2. (C) NLD Spokesman Nyan Win confirmed that the Rangoon
Divisional Court October 2 rejected ASSK's appeal of her
August 11 lower court conviction on charges she violated
terms of her house arrest. In the appeal, ASSK's lawyers
argued the country's 1974 constitution and corresponding laws
are invalid and that the government therefore has no grounds
to convict her or subject her to house arrest. According to
Nyan Win, the judges stated "although the court accepts that
the 1974 constitution is not valid...Daw Aung San Suu Kyi is
guilty under the 1975 State Protection Law...so the court
rejects the appeal."


3. (C) Following the rejection of the appeal, ASSK's
attorneys must request a "revision" before the Supreme Court
within 60 days (Ref A). Nyan Win told us October 2 the
lawyers are preparing the documentation now and will submit
the case as soon as possible. The "revision" operates much
like the appeal process; however, a citizen is guaranteed the
right to an appeal but not necessarily a "revision." If the
Supreme Court rejects the "revision," a final stage of appeal
is possible thereafter.

Lawyers not permitted to meet ASSK to discuss house
renovations
-------------- --------------


4. (C) On October 1, Nyan Win told us Burmese authorities
have not permitted ASSK's lawyers or an architect to meet
with her to discuss renovations to her house. Police
responded to the request by directing the lawyers to discuss
the issue with the Rangoon City Development Committee, which
they are now doing. ASSK last met with her lawyers September
24 for two hours. According to Nyan Win, she appeared in
good health during that meeting.

Doctor to Visit October 2
--------------


5. (C) Douglas confirmed he expects to examine ASSK at her
residence October 2. ASSK and her attorneys have requested
Douglas receive regular access on the first Thursday of the
month, as was the case prior to the Yettaw incident.
However, Douglas did not meet with her as hoped October 1.

Comment
--------------


6. (C) The appeals court decision comes as no surprise.
Despite government claims that the country has an
"independent judicial system," no judge will directly
contradict Than Shwe's edict, dated a day before the lower
court's ruling, which remanded ASSK to eighteen months' house

RANGOON 00000676 002.2 OF 002


arrest. Any change in her status will be decided by the
Senior General. We have no indications as yet as to his
response to ASSK's direct message to him regarding dialogue
on sanctions (Ref B).


7. (C) Although conditions of ASSK's current period of
house arrest were initially billed as less restrictive (Ref
C),to date the authorities have shown little flexibility in
allowing ASSK to receive guests. The government has yet to
reply to several diplomatic requests, including ours, for
access -- which ASSK herself requested in her letter to Than
Shwe; and ASSK evidently has yet to meet with an architect to
discuss something as apolitical as home renovations.
DINGER