ADVERTISE | DONATION
Irrawaddy CONTACT US|FAQ
BURMESE VERSION | VIDEO






Suu Kyi Remains Upbeat Says Her Lawyer
By AUNG ZAW Saturday, August 15, 2009


COMMENTS (4)
RECOMMEND (516)
FACEBOOK
TWITTER
 
MORE
E-MAIL
PRINT

Nobel Peace Prize laureate Aung San Suu Kyi was positive and cheerful after returning to her Inya Lake residence, one of her lawyers, Kyi Wynn, told The Irrawaddy on Friday.
 
“She was not dejected and I was surprised to see that, on the contrary, she appeared cheerful and was laughing,” the lawyer said. 
 
Suu Kyi met with her lawyers on Wednesday around the dining table in her lakeside house, he said, adding that Suu Kyi appeared upbeat as she spoke of the trial. 
 
Suu Kyi knew the verdict would be “guilty,” but was not upset and showed no signs of bitterness, Kyi Wynn said.
 
However, the Burmese pro-democracy leader had expressed surprise that the regime had revived a “dead constitution” in order to implicate her, he said, in reference to the 1974 constitution which is officially invalid since a new constitution was approved last year.   
 
Kyi Wynn previously said that Suu Kyi had privately told him that the charges against her were invalid as she was charged under the 1975 State Security law, which was annulled by the 2008 constitution.
 
During the trial, Suu Kyi told her lawyers that she and her defense team were facing a “crisis of constitution.” Suu Kyi was referring to a 1975 law enacted under the 1974 constitution, which became invalidated when the military seized power in 1988.

In addition, under the junta’s “seven-step road map,” the country approved a new constitution in May 2008 by national referendum, which would also invalidate the 1975 act.
 
Kyi Wynn said that the regime had revived the 1974 constitution in order to charge Suu Kyi, and claimed that the old constitution was null and void.
 
The lawyer also said that the defense team was surprised to learn that Snr-Gen Than Shwe’s letter to the court was dated and issued on the August 10th and not on August 11th, the day the judge read out the final verdict.
 
Suu Kyi initially received a three-year prison sentence, but that was immediately commuted to 18 months under house arrest when Home Affairs Minister Maung Oo read out Than Shwe’s letter to the courtroom announcing his decision to cut her three-year sentence in half.

The suspended sentence was also applied to the verdict against Suu Kyi’s two companions, Win Ma Ma and Khin Khin Win.
 
Suu Kyi is now a prisoner again in her own house, but her lawyer said that she is preparing to appeal.
 
“Suu Kyi wants to appeal and she is correct,” he said. “But the chances of success are very slim—she was convicted even before she was arrested.”

Kyi Wynn likened the house arrest restrictions imposed on Suu Kyi to keeping a child in a boarding school.

The restrictions against the opposition leader and her two companions are: they must only live in Suu Kyi’s residence located on University Avenue; they are only allowed to go out into the house’s yard; they can get access to doctors and nurses for health reasons; Suu Kyi can meet guests in accordance with permission from the authorities concerned; she can watch local TV channels such as Myawaddy and MRTV (Myanmar Radio and Television), as well as local newspapers and journals; and she can request paper if she needs to write something.
 
“Suu Kyi doesn’t usually watch television, but is an avid reader and spends most of her time reading books during her house arrest,” the lawyer said.
 
When asked whether they could bring her foreign newspapers and magazines, her lawyers were told that all materials must be submitted to the authorities for screening.
 
Her lawyers have also noticed that local security forces and the police have elevated the watchtower which overlooks Suu Kyi’s compound. Another noticeable change at her home since she was detained in May is that all the bushes have been cleared.

Suu Kyi is aware of the outpouring of support and the international reaction to the verdict against her, said the lawyer. 

“But she is always looking forward to a dialogue,” Kyi Wynn added.
 
When asked about China’s stance toward Burma and Suu Kyi, the lawyer warned that China is playing with fire.
 
Political observers have said that because of the highly publicized trial and the international attention that she received during the trial, Suu Kyi’s status is strengthened both inside and outside Burma and that she has gained a stronger position in Burmese politics than before.
 
“She was almost forgotten [before the trial],” a diplomat in Rangoon said, adding that the irony is the regime has promoted her status and international standing.



1  |  2 



COMMENTS (4)
 
Please read our policy before you post comments. Click here
Name:
E-mail:   (Your e-mail will not be published.)
Comment:
You have characters left.
Word Verification: captcha Type the characters you see in the picture.
 

pLan B Wrote:
18/08/2009
Derek Tonkin
Thank you for the detail that dismisses all who accused SPDC of not capable of doing anything right instead of not doing enough.
Hell bent on the destruction of SPDC these assorted org that profit from present situations will do say and quote anything to discredit any sign of SPDC legitimacy.
On one hand assuming the performance is horrible as "a de facto government, while using fear of legitimizing this de facto government as an convenient reason not to engage.
Having it both ways indeed.






Dave Wrote:
17/08/2009
"She was almost forgotten before the trial." Shows what a cloistered world these diplomats inhabit.

Tide Wrote:
16/08/2009
Of course she was laughing and upbeat.

1 - her jail term with labour is on pause. 2 - if she performs well, that means that if her party and the West adopt the pro-engagement policy with the military, then her party will have a chance to participate in the upcoming election.
3. Now is the time for NLD to decide whether or not to participate in the election.
4. NLD must answer this question when the election law comes out. If NLD says yes - it means the 2008 constitution is automatically accepted by NLD.

If you don't catch this tail, and that's it. NLD will never ever be in the future political ring anymore. The status-quo of NLD is not more than the rights activists organisation. Better remember what you were; and what you want to be in the Myanmar's future political ring.

Be smart Daw Suu; don't be so stupid like those oldies surrounding you. You have already destroyed your father's image promoted by Ne Win. Don't destroy yourself by being stubborn. You don't have another 20 years.

Derek Tonkin Wrote:
15/08/2009
The New Light of Myanmar today points out that all previous legislation since 1947 remains in force unless it has been specifically abrogated and that in particular Article 446 of the 2008 Constitution reads: "Existing laws shall remain in operation in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw."

So neither the 1974 Constitution nor the 1975 State Protection Act (amended in 1991!) have been abrogated and are accordingly still in force. Suu Kyi should get better legal advisers.

More Articles in This Section

bullet 'My Wife Died From Police Abuse,' Says Husband

bullet US Says Observer Conditions Don't Meet Int'l Standards

bullet 159 Observers to Monitor Burma Election

bullet Govt to Address Breaches of SSA-South Ceasefire: Aung Min

bullet Burma Investors Pin Hopes on Seminal Sunday

bullet Malaysia PM Leads 50-Strong Delegation to Burma

bullet US Congress to Assess Burma's Political Prisoner Issue

bullet Rangoon Woman in Police Station Death Plunge

bullet Burmese Legal System Remains Tool of Govt: AHRC

bullet Burmese Army Chief Defends Political Role






Thailand Hotels
Bangkok Hotels
China Hotels
India Hotels

Donations

Home |News |Regional |Business |Opinion |Multimedia |Special Feature |Interview |Magazine |Burmese Elections 2010 |Archives |Research
Copyright © 2008 Irrawaddy Publishing Group. All Rights Reserved.