Chiang Mai – The trial of 88 Generation Students Min Ko Naing and 34 others being held in Rangoon's Insein prison started on September 9 at South Okkalapa Township court.
The student leaders have been arrested and held since last year. They were remanded consecutively and on August 27 this year they were produced in South Okkalapa Township court. The court started examination of the prosecution witnesses.
"The 27 accused were produced before the court at Rangoon East District Court and 21 others including Min Ko Naing were produced in South Okkalapa Township Court. The East District Court granted criminal power to the defence counsels to defend their clients and fixed the next hearing for September 11. The North Okkalapa court could not hear the case today," advocate Khin Maung Shein said.
The prosecutor Police Special Branch Police Lt. Col. Zaw Min Aung charged the student leaders under section 130(b) (committing depredation of foreign governments at peace with Burma) and the court heard this case today. On coming Thursday, the Rangoon East District Court will hear the case against 29 students under section 4 of 'Endangering National Convention' (SPDC Law No. 5/96).
"The prosecution charged them with committing depredation against Russia and China. But the defence pointed out a similar case where Aye Lwin had staged protests in front of the US embassy but action like this was not taken," the lawyer elaborated.
The 88 Gen students had demanded on August 27 that they be tried in accordance with international laws, to let the media witness the court proceedings and not to handcuff them during court proceedings when they were first produced in court.
But the authorities conceded to only one demand, allowing their family members to enter the court room and witness the court proceedings today.
"The family members can be present and listen to the court proceedings but they are still in handcuffs. The Police Col. allowed the family members to enter the court room and listen to the hearing. Other demands are yet to be met," advocate Khin Maung Shein said.
Nyein Thu from 'Hmukin Shudaunt Journal' raised a question in this regard at a press conference held in Naypyitaw on September 7. The Police Force Chief Police Brig. Gen. Khin Yi replied to the demands by Min Ko Naing and party not to put them in handcuffs saying:
"According to law and Police manual 1381, those who committed offences whether it can be granted bail or not are to be in handcuffs when put on trial. It is in accordance with the law. According to penal code (174) if a government servant summons someone when necessary and he refuses to be in handcuff, he violates penal code (174). He may be given six months in prison. Min Ko Naing's refusal was not in conformity with the law. Putting handcuffs on someone is according to the law," he replied.
But young lawyer Pho Phyu contested the contention of the police chief and said: "There are no provisions in the Police manual 1381 regarding putting the accused in handcuffs. There's nothing at all. It is not in conformity with the law. The reference to the law is also wrong in this case. We have never seen such court rulings in Burma Law Reports. And also there has been no such case on the handcuff issue," he said.
The said provision applies to only non-attendance in obedience to an order (summons, notice, order or proclamation) from public servant legally competent, and there is no mention regarding refusing to be in handcuffs as violating section 174 of Penal Code.
The student leaders Min Ko Naing, Ko Ko Gyi, Ko Pyone Cho, Jimmy, Mya Aye, Min Zeya, Aunt Bwe Kyaw, Kyaw Kyaw Htwe, Pannait Tun, Thet Zaw, Nyan Lin Tun, Zaw Zaw Min and other students totaling 35 were arrested in connection with protest demonstrations against rising fuel and commodity prices in August last year.
Lawyer Pho Phyu will continue to act as the defence lawyer for 88 Gen Students; Saw Myo Min Hlaing a.k.a. James, Nyan Lin and Min Han.
They were first remanded under sections 17/20 of the Printers and Publishers Act at the end of January 2008. Then they were charged again with SPDC Law No. 5/96 (Endangering National Convention) and section 33(a) of the Electronic Law.
The Jail Manual paragraph 693 and Police Manual paragraph 1382 sub paragraph 1 and sub-sub paragraph 5 and paragraph 1316, clearly stipulates that the accused should not be in handcuffs while they are being brought to court and brought back from the court if there are no circumstances of escaping from custody, and while they are being put on trial.
But in the Police Manual paragraph 1382(a) and sub-paragraph 6, it stipulates that the accused who have committed murder, attempted murder, robbery, dacoity and burglary should be in handcuffs.
