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The Honolulu Advertiser
Posted on: Sunday, August 16, 2009

Su Kyi trial exposes regime


By Priscilla Clapp

Hawaii news photo - The Honolulu Advertiser

Protesters displayed portraits of Myanmar opposition leader and Nobel Peace Prize laureate Aung San Suu Kyi behind a mock jail during a protest at the Myanmar embassy in Manila. Suu Kyi was recently sentenced to another 18 months of house arrest for allowing an invited intruder to stay at her compound. The trial was a sham, meant mostly to assure that Suu Kyi would be kept away during the 2010 elections.

BULLIT MARQUEZ | Associated Press

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Hawaii news photo - The Honolulu Advertiser

A Burmese supporter of Suu Kyi protested during a rally outside Myanmar's embassy in Tokyo.

SHUJI KAJIYAMA | Associated Press

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After a three-month trial, Myanmar's democracy icon and Nobel Peace Prize laureate Aung San Suu Kyi has been sentenced by a court in Yangon to another 18 months of house arrest after already serving some 14 years in detention since 1989.

In fact, the court's formal sentence was three years of hard labor for allowing an uninvited intruder to stay overnight at her compound, where she was being held in detention. But the country's top leader, Gen. Than Shwe, commuted the sentence to 18 months of house arrest with the possibility of early release for good behavior.

The trial was, of course, a sham, intended merely to assure that Suu Kyi would be under lock and key during the period of the 2010 elections and the formation of a new civilian-led but military-controlled parliamentary government. Thus, once charges were served against her, it was a foregone conclusion that she would be sentenced.

Aside from the long-suffering heroine herself, the unsung heroes in this drama are her brave and highly competent lawyers. At their own peril, they exposed the regime's flagrant disregard for the law, arguing, in essence, that by citing a defunct 1974 constitution to charge Suu Kyi, the regime was disregarding the new 2008 constitution that they themselves had already declared to be the law of the land and the basis for transition to "disciplined democracy." Thus, because the arguments in her defense were made public, the generals have been caught with their legal pants down in the eyes of their own population and the world.

In other politically inspired trials in Yangon, which did not occur under such intense international scrutiny, defense lawyers have been summarily jailed mid-trial for "contempt of court" for simply defending their clients. We can only hope the regime does not decide to punish these lawyers for doing their job well, because they are already facing another legal battle with Suu Kyi's relatives, who — presumably with the support of the generals — are laying claim to her house and property.

The real losers in this drama are Myanmar's military leaders, not Suu Kyi. The trial and its outcome are viewed by the international community as a miscarriage of justice, a blatant disregard for the rule of law, and a gratuitous insult to an innocent person who has done nothing but stand up for the principles of democracy, good governance and respect for universal human rights.

The trial has been an embarrassment to their Asian neighbors, who have tried for years to give the generals the benefit of the doubt. And it has brought profound discredit to the new constitution and the coming elections by demonstrating that the generals will nonetheless continue to manipulate the law to suit their own purposes.

Perhaps the silver lining is that Suu Kyi's seemingly never-ending detention finally has a definitive time limit with a promise of early release. Her personal doctor will now be allowed to attend to her again, and her two female companions, who were tried and sentenced with her, will also be returned to her compound.

The terms of her detention have never been so clearly spelled out in the past, so the new sentence will ultimately serve as a test of the integrity of Myanmar's future government and a clear indication of whether its elected leaders will have the courage to practice real democracy.