Defense counsels behind bars

Defense counsels behind bars
by -
Salai Pi Pi
The Burmese regime's recent prosecution of four lawyers, who represent detained political activists, has spotlighted the regime's increasingly aggressive behavior in dealing with opposition groups and its disrespect of the rule of law in Burma ...

New Delhi - The Burmese regime's recent prosecution of four lawyers, who represent detained political activists, has spotlighted the regime's increasingly aggressive behavior in dealing with opposition groups and its disrespect of the rule of law in Burma, say dissident lawyers.

The Burmese police on Friday night arrested two lawyers, Aung Thein and Khin Maung Shein, at their residences and placed them in notorious Insein Jail. The two were working as defense counsels for detained political activists.

"They were arrested on Friday night at their homes and are detained in Insein Jail now,"

Nyan Win, spokesman of Burmese democracy leader Daw Aung San Suu Kyi's party, National League for Democracy (NLD), said.

Burma's Supreme Court on Friday sentenced the two defense lawyers to four months jail term under article 3 of court contempt.

Nyan Win, who is a close colleague with the detained lawyers, said the prosecution and sentencing of the two lawyers came following a complaint lodged by them on behalf of their clients, who complained they were not given a fair trial.

"As defense lawyers, the two had submitted a complaint letter that mentioned their clients' statement of distrust on the jurisdiction, under which they were sentenced to four months jail terms for contempt of court," said Nyan Win.

While it is not the first instance where Burma's military rulers have charged lawyers defending the rights of political detainees, critics and observers said the actions indicate the junta's determination to get rid of all opposition groups.

"We feel that the regime is politically oppressing us in this way," said Nyan Win.

He added that while the junta has constantly suppressed dissidents, the junta seems to be intensifying a new wave of oppression against opposition groups, including the NLD. 

In late October, two defense lawyers, Nyi Nyi Htwe and Saw Kyaw Kyaw Min, who represented 11 youth members of the NLD, were charged, prosecuted and sentenced to jail.

The Supreme Court charged Nyi Nyi Htwe and Saw Kyaw Kyaw under section 228 of the Penal Code and arrested Nyi Nyi Htwe, though his colleague remains in hiding.

"Their arrest highlights that there is no free and fair trial in the judicial system in Burma and how the regime continues violating human rights," Thein Oo, a member of the exile-based Burma Lawyers Council (BLC) said.

Following the arrest and detention of the defense counsels of the political prisoners, the BLC said it fears the situation in Burma will go from bad to worse in the absence of a free and fair judicial system in the country.

Thein Oo explained, "What is happening now in Burma's judicial system is the judge stands on the ruler's side. They do what the rulers command. So, there is no chance for the people to get a fair trial in courts."

"If these sorts of conditions continue to prevail, the military rulers will keep on oppressing the people. And the people will be forced to do what the regime asks them to do," added Thein Oo.

Nyan Win also remarked, "Now, we are in the situation that the state is very weak in maintaining law and order."

Meanwhile, Robert Wood, deputy spokesman for the U.S State Department, on Friday slammed the Burmese regime and called its actions a "blatant" attempt to intimidate the lawyers and ignore the rule of law.

Wood called on the regime to immediately free Nyi Nyi Htwe and to drop all charges pending against Aung Thein, Khin Maun Shein and Saw Kyaw Kyaw Min.

However, despite international and domestic calls on the junta to free detained activists and their lawyers, the junta only seems to be intensifying its repression against the perceived political opposition, as they fear they are being cornered, Thein Oo assessed.

And, he said the junta is only likely to increase repression against all opposition groups: "The regime, as it gets weaker and more insecure, is only likely to resort to all kinds of oppression in continuing to intimidate the people."