Myanmar’s invisible prosecutors: a guide to their powers and the pressures they face

Topic: 

criminal justice, justice, Union Attorney General's Office, constitution, Anti-Corruption Commission

Sub-title: 

The “law officers” who prosecute criminal cases in Myanmar should be important players in determining which cases go to trial, but their role – and the informal pressures they face to either drop or proceed with charges – receive little public scrutiny.

Description: 

"IT IS not widely known that prosecutors in criminal cases, known as “law officers”, are not under the Tatmadaw, who control the police, but answer ultimately to the president. As frontline staff of the Office of the Union Attorney General, they are – on paper, at least – the main players in identifying and recommending cases that are brought before a court. But their role is seldom mentioned in discussions of the criminal justice system and its failings, which the civilian government often claims to have little influence over. The 2008 Constitution gives the president the power to appoint a cabinet-level attorney general for a five-year term whose role is to provide legal advice, assign duties on legal matters – such as the scrutiny of proposed laws – and report back to the president. Under the attorney general are the deputy attorney general, the regional and state advocates general, and the law officers, who serve at courts. The advocates general appointed by state and regional chief ministers have similar powers to that of the attorney general. The “gatekeeper” role of the law officer is specified under an order issued by the attorney general in 2016. After conducting their investigation, the police transfer the evidence – primarily the First Information Report and witness statements – to the relevant law office. A law officer reviews the evidence and if they decide the evidence is strong enough to present in court, they transfer it to the relevant court. Alternatively, they can send it back to the police recommending either they investigate further or close the case completely. In September 2018, the Anti-Corruption Commission brought charges against Yangon Region Advocate General U Han Htoo and five other officials, including a judge, over allegations that they had accepted more than K70 million in cash and kind to withdraw charges against three suspects in the alleged murder of Facebook comedian Aung Yell Htwe. The case continues at the Yangon Region High Court. The charges under the Anti-Corruption Law carry maximum prison sentences of between 10 and 15 years..."

Creator/author: 

Ye Mon

Source/publisher: 

"Frontier Myanmar" (Myanmar)

Date of Publication: 

2019-10-16

Date of entry: 

2019-10-16

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar

Language: 

English

Resource Type: 

text

Text quality: 

    • Good