88 Generation Students (Exile): ICC NEEDS TO ARREST ALL CRIMINAL IN BURMA

Tuesday, November 25, 2008

ICC NEEDS TO ARREST ALL CRIMINAL IN BURMA

Unlawful Convictions of Burmese Political Prisoners are Crimes Against Humanity –U.N. Security Council Should Refer Burma to the International Criminal CourtCertain judges in Burma, acting under the orders of Chief Justice U Aung Toe and Senior General Than Shwe, are themselves criminally liable as co-conspirators to crimes against humanity for their acts in “trying” and “convicting” 60 political activists last week. “These acts are the latest from the junta which uses the judiciary as one of its key weapons to commit grave crimes,” says Global Justice Center President Janet Benshoof. Judges including those listed below are criminally culpable and must be referred to the International Criminal Court.

•Chief Justice U Aung Toe

•U Thaung Nyunt, North District Court, Yangon Division

•Daw Soe Nyan, U Tin Htut, U Kyaw Swe, and U Sein Hla, Western District Court, Yangon Division

•Daw Aye Myaing, Hlaing Tha Yar Township Court, Yangon Division

•Daw Than Than, Tamwe Township Court, Yangon Division•Daw Nyunt Nyunt Win, Kyauktadar Court, Yangon Division

•Daw Mya Mya Swe, North Dagon Court, Yangon Division•Daw Thiri Tin, Ahlon township Court, Yangon DivisionOn November 11th approximately forty pro-democracy dissidents received prison sentences of up to 65 years. On November 13th twenty more activists were sentenced to terms ranging from 4½ to 9½ years. The convicted include members of the ‘88 Generation Students, labor rights activist Su Su Nway, musician Win Maw, HIV/AIDS activist Than Naing, blogger Nay Phone Latt, and members of Daw Aung San Sui Kyi’s party, the National League for Democracy. Even the defendants’ lawyers were not immune from the regime’s revenge; in October defense lawyers Nyi Nyi Htwe, Aung Thein and Khin Maung Shein were sentenced to between four and six months imprisonment for submitting a complaint about the unfair trial conditions of eleven NLD activists.Judges did not allow the defendants to question prosecution witnesses, many defendants did not have legal representation and those that did were not permitted to meet with their lawyers in private. Burma Lawyers’ Council General Secretary U Aung Htoo stated, “Rule of law in Burma cannot even be dreamt of when the judiciary has become an instrument of political oppression, exercised by the SPDC military junta.”United Nations Special Rapporteur on Human Rights in Burma, Tomás Ojea Quintana, said this past week in reference to these convictions, “There is no independent and impartial judiciary system [in Burma]." However, the judges actions go much further; these prison sentences are crimes under the Rome Statute of the International Criminal Court, including violations of Article 7(1)(e) “Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law” and 7(1)(h) “Persecution against any identifiable group or collectivity on political, racial, ethnic, cultural, religious, gender…or other grounds”.GJC President Benshoof noted that top judges in Hitler’s criminal regime were convicted as co-conspirators of crimes against humanity and, more recently, in the Dujail1 decision, the Iraqi High Tribunal found Judge Awad Hamed al-Bandar jointly criminally liable for crimes against humanity committed with Saddam Hussein because he used the façade of “judicial authority and law” to “try” and then “execute” civilians. Burma Lawyers’ Council and Global Justice Center urge the international community to expose the regime’s criminal partnership with members of the judiciary and to join the call for a UN Security Council referral of all grave international crimes in Burma to the International Criminal Court.Contact: Aung HtooGeneral Secretary, Burma Lawyers’ CouncilMobile: 66 (0) 81 533 0605Website: http://www.blc-burma.org/Email: blcsan@ksc.th.comContact: Janet Benshoof, Esq.President, Global Justice CenterTel: 1-212-725-6530 x203; Mobile: 1-917-601-6200Website: http://www.globaljusticecenter.net/Email: jbenshoof@globaljusticecenter.net1 A1-Mahkama al-jina’iya al-‘Iraqiya al-Uliya [The Iraqi High Criminal Court], al-Dujail Opinion, Unofficial English Translation, (Dec.26,2006), www.law.case.edu/saddamtrial/documents/20070103dujailappellatechamberopinion.pdf

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QUOTE OF THE DAY

"I am disappointed by the unwillingness of the government of Burma to deliver on its promises for democratic dialogue and the release of political prisoners."

UN Secretary-General Ban Ki-moon

QUOTE OF THE DAY

"I would like to make an appeal to President Bush: Please take pride as a President who has worked hard for Burma to achieve something before his term expires.”

-U Gambira, a leader of the All-Burma Monks’ Alliance that spearheaded nationwide protests in Burma in September---

—

U WIN TIN

Because we refuse to bow to these unjust election 'laws,' our party will be abolished by the regime soon. Still, the NLD will not disappear. We will be among the people, with the people. We will continue to fight for democracy, human rights and equality among all ethnic nationalities, by peaceful means. —

Win Tin, a member of NLD Central Executive Committee

From Stalin to Burma, a history lesson

They may wear different cloaks, but under the surface all dictators are similar. As the memory of dictators like Joseph Stalin fades, mistakes of the past repeat themselves with a vengeance in forgotten places like Burma.One writer said of Stalin: “He had found Russia working with wooden ploughs and left it equipped with atomic [stock]piles.” But perhaps the true question doesn’t regard Stalin’s undisputable impact on humanity, but whether the legacy justified all the human sacrifice. To Stalin, the millions killed as a consequence of his ambitious drive were simply stepping stones along the road to national prosperity. However, such a Machiavellian frame of mind can neither be justifiable nor ethical.Stalin utilized numerous harsh methods in attempting to meet his ‘utopian’ goals. Collective farms were prevalent, while each Five Year Plan sought to leapfrog Russia ahead of competing nations and systems. Toward this end, virtually every industry fell under the direct control of the government and its de facto and shackled workforce. And the sad truth, more often than not, was results never met by an increasingly impoverished population.Stalin’s principle instrument for maintaining control over his country was his secret police. Through this institution, fear was instilled in the hearts of the people. The final death toll from Stalin’s regime is indeed staggering, with estimates ranging from 10 to 20 million people having perished.Stalin was under the belief that all his actions, extreme or otherwise, were necessary in order to pull Russia into the industrial age. Yet, ultimately, the major flaw in Stalin’s reasoning was that he claimed all sacrifices were necessary and for the future of Russia. “Life has improved, comrades. Life has become more joyous,” he once remarked. And while he was thinking about the future of the country and the generations to come, the standard of living within Russia had plummeted.Today, forgetting that dictatorship is a self inflicted wound, some intellectuals and humanitarians reason that simply sending more aid and increasing engagement are starting points to improving the political situation in Burma. But when they begin to regard the active opposition, as symbolized by Aung San Suu Kyi, as increasingly irrelevant, the time has come to refresh their memory about Joseph Stalin and the enormous price of dictatorship. It is one thing to want to bring Burma into the international community, but it is another to coddle and nurture tyrants without speaking out against their inhumane acts.So far, newly elected U.S. President Barack Obama and Foreign Secretary Hillary Clinton have taken a cautious and slow approach toward Burma. But in a world of competing interests and ideology, it will be a great tragedy if they fail to take a firm stand against the dictators in Burma.After all, the United States and its allies helped reform the militaries in Indonesia and Turkey within democratic transitions and transformations. Now, the U.S., United Nations, ASEAN and the European Union need decisive and effective leadership to help Burma. Obama and Clinton have a great chance to seize this mantle…if they are willing to seriously take on the leadership role.Today, even as Burma’s generals tragically act more and more like Stalin, could it not be that the army as an institution in Burma was originally inspired by similar beliefs to those of countries such as Indonesia and Turkey? This should offer an important clue as to where to begin with Burma.

88 Generation Students (Exile)

Tuesday, November 25, 2008

ICC NEEDS TO ARREST ALL CRIMINAL IN BURMA

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