Myanmar’s courts stretch laws

Published March 14, 2008

YANGON: Not many people know that the law in military-ruled Myanmar enshrines the individual’s right to criticise the government.

The only problem is, mention Section 124A of the penal code in your defence in court and you are likely to be arrested, lawyers who have suffered that very fate say.

It is just one of the many absurdities in the former Burma’s court system being taken up by a small but growing number of activist lawyers in the wake of last September’s monk-led pro-democracy protests.

“The monks have played their role, the actors and celebrities have played their role, and now we’re playing ours,” said one of the lawyers in Yangon.

By their own admission, the role of defence attorney is limited in a country that has been under military rule for 46 years and which held 1,100 political prisoners, according to the United Nations, even before last year’s mass arrests.

In another contravention of rights accorded to ordinary criminal suspects, lawyers for political prisoners cannot plead guilt or innocence before the court and cannot challenge any issue of law, the lawyers said.

Judgements are often handed down the same day by civilian magistrates who are “just following orders”, another of the lawyers said, of a junta which appears to have inherited an obsession with rules and regulations from British colonial times.

Lawyers are also denied access to their clients in prison, meaning the only time they can see them is in the courtroom itself during a hearing.—Reuters

Opinion

Editorial

Taking cover
09 Jan, 2025

Taking cover

IT is unfortunate that, instead of taking ownership of important decisions, our officials usually seem keener to ...
A living hell
09 Jan, 2025

A living hell

WHAT Donald Trump does domestically when he enters the White House in just under two weeks is frankly the American...
A right denied
09 Jan, 2025

A right denied

DESPITE citizens possessing the constitutional and legal right to access it, federal ministries are failing to...
Closed doors
Updated 08 Jan, 2025

Closed doors

The nation’s fate has been decided through secret deals for too long, with the result that the citizenry has become increasingly alienated from the state.
Debt burden
08 Jan, 2025

Debt burden

THE federal government’s total debt stock soared by above 11pc year-over-year to Rs70.4tr at the end of November,...
GB power crisis
08 Jan, 2025

GB power crisis

MASS protests are not a novelty in Pakistan, and when the state refuses to listen through the available channels —...