Junta defends barring Suu Kyi from attending hearing

by Mungpi
Thursday, 17 September 2009 17:33

New Delhi (Mizzima) - Burma’s state-run media on Thursday defended a decision barring pro-democracy leader Aung San Suu Kyi from attending the hearing of her appeal scheduled for September 18, at the Rangoon Divisional court.

An article “Court rules of conducts and rights of defendant” published in the New Light of Myanmar on Thursday said, while the defendant has the right to appeal over the court’s verdict, it is not necessary to summon the defendant to the court, if he/she is serving a prison term.

The article on Thursday came a day after the Rangoon Special Branch Police denied permission to detained Burmese pro-democracy leader to attend the hearing.

The newspaper, a mouthpiece of the ruling military junta, said, “If the defendant is a prisoner, there is no need to summon him to the court for his statements,” referring to Aung San Suu Kyi’s request to allow her to attend the hearing of her appeal.

Lawyers representing the Burmese Nobel Peace Laureate, who on August 11 was sentenced by a district court, had submitted an appeal to review the court’s decision to the divisional court. The divisional court accepted the appeal and fixed September 18 for the hearing.

Nyan Win, one of the lawyers of Aung San Suu Kyi, in an earlier interview told Mizzima that they had requested the Special Branch Police to allow her to attend the hearing, in accordance with the conditions of her detention.

Though the district court sentenced Aung San Suu Kyi to three years in prison, an executive order by the junta supremo Snr Gen Than Shwe reduced it to half and allowed her to serve time at her home on an eight-point condition.

The conditions of her detention include that Aung San Suu Kyi may request the authorities through a letter if she wants to do anything.

Her lawyers said stopping her from attending the hearing is a violation of her rights.

But the article on Thursday, said “In pronouncing a judgment, the defendant does not need to appear in the court if he is serving a term… unless the appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear the judgment delivered.”

“Courts hear criminal cases in accordance with the existing laws, and the accused are given the right to argue, submit appealing cases and criminal provision cases,” said the article.

“Therefore, it is fair to say that Myanmar’s judicial practice meets the judicial principles,” added the article.