Identifier
Created
Classification
Origin
10RANGOON33
2010-01-19 10:30:00
SECRET
Embassy Rangoon
Cable title:
BURMA: SUPREME COURT FINAL ARGUMENTS; AUNG SAN
how-toVZCZCXRO1610 OO RUEHCHI RUEHDT RUEHHM RUEHNH RUEHTRO DE RUEHGO #0033 0191030 ZNY SSSSS ZZH O 191030Z JAN 10 FM AMEMBASSY RANGOON TO RUEHC/SECSTATE WASHDC IMMEDIATE 9746 INFO RUCNASE/ASEAN MEMBER COLLECTIVE RUEHGG/UN SECURITY COUNCIL COLLECTIVE RUEHBY/AMEMBASSY CANBERRA 2380 RUEHNE/AMEMBASSY NEW DELHI 5877 RUEHUL/AMEMBASSY SEOUL 9440 RUEHKO/AMEMBASSY TOKYO 7067 RUEAIIA/CIA WASHDC RUEHGV/USMISSION GENEVA 4732 RUEHBS/USEU BRUSSELS RHEHNSC/NSC WASHDC RHHMUNA/CDR USPACOM HONOLULU HI RUCNDT/USMISSION USUN NEW YORK 2810 RUEKJCS/SECDEF WASHDC RUEKJCS/JOINT STAFF WASHDC
S E C R E T RANGOON 000033
SIPDIS
DEPT FOR EAP/MLS, AND IO
PACOM FOR FPA
E.O. 12958: DECL: 01/19/2020
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: SUPREME COURT FINAL ARGUMENTS; AUNG SAN
SUU KYI MEETS LIAISON MINISTER
REF: RANGOON 20
Classified By: P/E Chief Jennifer Harhigh for Reasons 1.4 (b) & (d)
Summary
-------
S E C R E T RANGOON 000033
SIPDIS
DEPT FOR EAP/MLS, AND IO
PACOM FOR FPA
E.O. 12958: DECL: 01/19/2020
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: SUPREME COURT FINAL ARGUMENTS; AUNG SAN
SUU KYI MEETS LIAISON MINISTER
REF: RANGOON 20
Classified By: P/E Chief Jennifer Harhigh for Reasons 1.4 (b) & (d)
Summary
--------------
1. (C) National League for Democracy (NLD) party spokesman
and Aung San Suu Kyi (ASSK) attorney Nyan Win, together with
the other members of ASSK's legal team, presented final
arguments in ASSK's appeal to Burma's Supreme Court January
18. They expect a verdict in two weeks. Meanwhile, ASSK met
for about 30 minutes with Labor/Liaison Minister Aung Kyi
January 15. We are seeking a readout of that discussion.
End summary.
Supreme Court Considers Second-Stage Appeal
--------------
2. (C) ASSK's legal team argued before Burma's Supreme
Court January 18 that the country's 1974 constitution and
corresponding laws, including those under which ASSK was
charged in May 2009, are invalid and that the government
therefore has no grounds to convict her or subject her to
house arrest. As expected, ASSK did not attend the court
session, which lasted three and a half hours. In October,
Rangoon's Divisional Court, in a first-round appeal, upheld
the lower court's conviction, finding that "although the
court accepts that the 1974 constitution is not valid ... Daw
Aung San Suu Kyi is guilty under the 1975 State Protection
Law." Nyan Win expects the Supreme Court will reach a
verdict in approximately two weeks. If the Supreme Court
appeal is unsuccessful, a final round of appeal to Burma's
"Special Supreme Appeals Court" is possible.
ASSK Meets Aung Kyi for Fourth Time Since September
-------------- --------------
3. (C) Meanwhile, NLD Central Executive Committee (CEC)
member Khin Maung Swe has confirmed that ASSK met with
Labor/Liaison Minister Aung Kyi briefly January 15. Khin
Maung Swe said details of the discussion are as yet
unavailable, but he observed that the NLD had no prior notice
about the session. According to the January 19 issue of the
government-run New Light of Myanmar, which carried a photo of
the meeting, it lasted only 30 minutes or so. ASSK has met
with Aung Kyi a total of four times (October 3, October 7,
December 9, and January 15) since her first letter to Than
Shwe in late September.
4. (S) In his January 5 meeting with the CDA -- in which
the Charge pressed for increased dialogue across the board,
including between the GOB and ASSK -- Aung Kyi was notably
upbeat on the prospects for useful dialogue with ASSK. Both
Aung Kyi and U Thaung, with whom the Charge met separately
that day, gave the distinct impression the GOB is
contemplating some degree of additional movement on "ASSK"
issues. On the other hand, ASSK passed us the message
recently that she sees little to be gained from additional
meetings with Aung Kyi, though she will not refuse to see him
(Reftel).
Seeking A Readout
--------------
5. (C) As in the past, we may not learn any details of
ASSK's latest meeting with Aung Kyi until she next meets with
her legal team. Nyan Win has told us he hopes to meet ASSK
the week of January 18 regarding a letter to the Yangon City
Development Committee about the halt to her house renovations
(Reftel). The Charge is seeking to speak directly to Aung
Kyi for a readout, but the Minister has not yet taken the
call.
DINGER
SIPDIS
DEPT FOR EAP/MLS, AND IO
PACOM FOR FPA
E.O. 12958: DECL: 01/19/2020
TAGS: PGOV PREL PHUM BM
SUBJECT: BURMA: SUPREME COURT FINAL ARGUMENTS; AUNG SAN
SUU KYI MEETS LIAISON MINISTER
REF: RANGOON 20
Classified By: P/E Chief Jennifer Harhigh for Reasons 1.4 (b) & (d)
Summary
--------------
1. (C) National League for Democracy (NLD) party spokesman
and Aung San Suu Kyi (ASSK) attorney Nyan Win, together with
the other members of ASSK's legal team, presented final
arguments in ASSK's appeal to Burma's Supreme Court January
18. They expect a verdict in two weeks. Meanwhile, ASSK met
for about 30 minutes with Labor/Liaison Minister Aung Kyi
January 15. We are seeking a readout of that discussion.
End summary.
Supreme Court Considers Second-Stage Appeal
--------------
2. (C) ASSK's legal team argued before Burma's Supreme
Court January 18 that the country's 1974 constitution and
corresponding laws, including those under which ASSK was
charged in May 2009, are invalid and that the government
therefore has no grounds to convict her or subject her to
house arrest. As expected, ASSK did not attend the court
session, which lasted three and a half hours. In October,
Rangoon's Divisional Court, in a first-round appeal, upheld
the lower court's conviction, finding that "although the
court accepts that the 1974 constitution is not valid ... Daw
Aung San Suu Kyi is guilty under the 1975 State Protection
Law." Nyan Win expects the Supreme Court will reach a
verdict in approximately two weeks. If the Supreme Court
appeal is unsuccessful, a final round of appeal to Burma's
"Special Supreme Appeals Court" is possible.
ASSK Meets Aung Kyi for Fourth Time Since September
-------------- --------------
3. (C) Meanwhile, NLD Central Executive Committee (CEC)
member Khin Maung Swe has confirmed that ASSK met with
Labor/Liaison Minister Aung Kyi briefly January 15. Khin
Maung Swe said details of the discussion are as yet
unavailable, but he observed that the NLD had no prior notice
about the session. According to the January 19 issue of the
government-run New Light of Myanmar, which carried a photo of
the meeting, it lasted only 30 minutes or so. ASSK has met
with Aung Kyi a total of four times (October 3, October 7,
December 9, and January 15) since her first letter to Than
Shwe in late September.
4. (S) In his January 5 meeting with the CDA -- in which
the Charge pressed for increased dialogue across the board,
including between the GOB and ASSK -- Aung Kyi was notably
upbeat on the prospects for useful dialogue with ASSK. Both
Aung Kyi and U Thaung, with whom the Charge met separately
that day, gave the distinct impression the GOB is
contemplating some degree of additional movement on "ASSK"
issues. On the other hand, ASSK passed us the message
recently that she sees little to be gained from additional
meetings with Aung Kyi, though she will not refuse to see him
(Reftel).
Seeking A Readout
--------------
5. (C) As in the past, we may not learn any details of
ASSK's latest meeting with Aung Kyi until she next meets with
her legal team. Nyan Win has told us he hopes to meet ASSK
the week of January 18 regarding a letter to the Yangon City
Development Committee about the halt to her house renovations
(Reftel). The Charge is seeking to speak directly to Aung
Kyi for a readout, but the Minister has not yet taken the
call.
DINGER