Daw Aung San Suu Kyi’s detention illustrates Burmese junta’s unjust rule Commentary
Daw Aung San Suu Kyi’s detention illustrates Burmese junta’s unjust rule
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Aung Din [Executive Director, US Campaign for Burma]: "Daw Aung San Suu Kyi has been under house arrest since May 30, 2003, under Article 10 (B) of the "State Protection Act 1975." This Act was promulgated by the General Ne Win's so-called Socialist government in 1975, and designed to arrest anyone who challenge single party rule. Article 10 (A) of this law provided for detention of a person against whom action is taken for a period of up to 180 days. Article 10 (B) allows restriction of rights of a person against whom action is taken for a period of up to one year, which is effectively house arrest. Article (14) allows the authorities to continue the detention or restricting of rights of a person up to three years.

However, in August 1991, current military regime amended the Act and the maximum period of detention of a person went up to five years. Then again in 1994, the military regime announced that, it would be justified to hold anyone arrested under the State Protection Act for a total of six years. This would make it easier for the regime to continue the detention of Daw Aung San Suu Kyi from July 1989 to March 1995.

Article 19 and 20 of the Act are provisions of appeal. Article 19 says that "any person against whom action is taken has the right to appeal while actions is being taken." Article 20 says that "appeal can be made to the (military regime's) Cabinet regarding orders regulating restrictions, arrest, detention or denial of rights laid down by the Central Board (comprising three ministers from Home Affairs, Defense and Foreign Affairs). The Cabinet can annually alter or approve the order as may be necessary."

Therefore, according to the Act, Daw Aung San Suu Kyi must be allowed to meet her legal representative since she was unfairly arrested in 2003 and should be allowed to appeal or challenge the legality of her arrest. However, only now has she been allowed to meet with her lawyer for two hours. U Kyi Win, her lawyer, will try his best to submit an appeal to the military regime as soon as possible, as directed by his client. But, a negative outcome will surely be expected as the military regime does not respect any law. The current detention of Daw Aung San Suu Kyi is due to complete six years in May 2009, but who knows whether the regime will again amend the Act and increases the maximum detention to ten years. The Burmese military regime is making the laws, as it wishes, to oppress the people, and sitting above the laws without respecting them. Thousands of political prisoners, including Daw Aung San Su Kyi, and millions of Burmese populations, are the victims of this justice-less society.

The strong and effective resolution from the UN Security Council on Burma is urgently required to stop these injustices. China should work along with the United States, United Kingdom, France and other members of the Council and speak with one voice to the regime that this is the time for change."

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