Demand General Than Shwe to release mandated 60 day review report on the restriction of Aung San Suu Kyi

Janelle Saffin Convenor of the Burma/Myanmar Sub Committee of the Australian Section of the International Commission of Jurists (ASICJ) today called for Burma's military strong man General Than Shwe to publish the findings from his mandated sixty-day (60) review of the detention of Aung San Suu Kyi.

Ms Saffin said that the Cabinet or the Central Board, and General Than Shwe heads up the Cabinet, has a legal obligation to conduct a review of the 'order for restriction, arrest, detention, or denial of rights', at least every sixty days in keeping with Section 16 (a) of the Act. It states that "there will be at least one regular review every sixty days;" "It also mandates that the Central Board compile a regular report about 'its activities' every ninety days."

H.E. Mr Razali Ismail one of the three persons known to have been "allowed" to visit Aung San Suu Kyi since she was ambushed, attacked and abducted on the 30th May in the Depayin area, reported that she informed him that she is being detained under the State Protection Act 1975, specifically Section 10 (a).

"Sections 19 and 20 give a person 'restricted' a right of appeal, but appeal to General Than Shwe's Cabinet, the same body that made the restriction order in the first place. A person restricted could not have any confidence in such a flawed process, Ms Saffin said."

Ms Saffin stated that she would caution anyone exercising this appeal right to be mindful of Section 22 that states that, "Any person against whom action is taken, who opposes, resists or disobeys any order passed under this Law shall be liable to imprisonment for a period of up to five years, or a fine of up to five thousand kyats, or to both."

"It beggars belief that the SPDC would invoke Section 22 against a person restricted exercising their appeal right, but such is the parlous state of the legal and judicial system in Burma, and particularly with politically motivated matters like that of Daw Aung San Suu Kyi, U Tin U and other National League for Democracy (NLD) members, that I issue this caution. Legal principle is picked up and abandoned on whimsy."

"The Act itself violates what is considered to be good law, in that it is vague about what actions constitute an act that a person can be detained for and an act does not have to be actual, just apprehended on the part of the military junta or government."

"It also lacks judicial review. This was in the original act and was removed in 1991 when Daw Aung San Suu Kyi was restricted to her house under the same Act but a different sub-section of it."

"I am sending out a clarion call to Jurists in the Asia Pacific Region to join in seeking to have the rule of law upheld in Burma, therefore seeking the immediate and unconditional release of Daw Aung San Suu Kyi, U Tin U, and others, and repeal the State Protection Act 1975 in its current form, as it only serves to quell peaceful political activity," concluded Ms Saffin.

CONTACT JANELLE SAFFIN ON 61-1-8149943 (hand) THAILAND