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UU KYI MONT: TOOLKIT 1



                        FREE SUU KYI, FREE BURMA
                                    
                AUNG SAN SUU KYI MONTH (JUNE 19-JULY 20) 
                            CAMPAIGN TOOL-KIT
                                    
                            FIRST INSTALLMENT
 
 
           DOCUMENTS DEALING WITH THE LEGAL DIMENSIONS OF THE
                    DETENTION OF DAW AUNG SAN SUU KYI
 
 
                                 CONTENTS
 
(1)UN WORKING GROUP ON ARBITRARY DETENTION: 
DECISION ON THE CASES OF AUNG SAN SUU KYI AND U NU (1993)
                                                  
(2)AUNG SAN SUU KYI: DETENTION IN VIOLATION OF INTERNATIONAL LAW
(1994)
 
(3)[PARAGRAPHS DEALING WITH THE DETENTION OF DAW AUNG SAN SUU KYI
TAKEN FROM UN GENERAL ASSEMBLY REPORTS A/49/594 OF 28 OCTOBER
1994, AND A/49/594 Add.1, OF 9 NOVEMBER 1994, BY THE SPECIAL
RAPPORTEUR ON MYANMAR. THESE COMPRISE QUESTIONS PUT BY THE
SPECIAL RAPPORTEUR, AND THE GOVERNMENT OF MYANMAR'S REPLIES]
 
(4)PARAGRAPHS DEALING WITH THE DETENTION OF DAW AUNG SAN SUU KYI,
FROM THE 1995 REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR TO THE
UN COMMISSION ON HUMAN RIGHTS
 
(5)PARAGRAPHS OF UN RESOLUTIONS 1991-1995 CALLING FOR THE RELEASE
OF AUNG SAN SUU KYI
 
 
                                 DOCUMENTS
 
                                     
                 WORKING GROUP ON ARBITRARY DETENTION: 
           DECISION ON THE CASES OF AUNG SAN SUU KYI AND U NU
 
 
Economic and Social Council
E/CN.4/1993/24
12 January 1993
 
Original: English/French/Spanish
 
Commission on Human Rights
Forty-ninth session
Item 10 of the Provisional Agenda
 
 
              QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS 
           SUBJECTED TO ANY FORM OF DETENTION OR IMPRISONMENT
                             
           Report of the working Group on Arbitrary Detention
 
  
                      Decision No. 8/1992 (myanmar)
 
  Communication addressed to the Government of Myanmar on 14
October 1991.
 
  Concerning: U Nu and Aung San Suu Kyi on the one hand and
Myanmar on the other.
 
1. The Working Group on Arbitrary Detention, in accordance with
the methods of work adopted by it (E/CN.4/1992/20, chapter II),
and in order to carry out its task with discretion, objectivity
and independence, forwarded to the Government concerned the
above-mentioned communication received by it and found to be
admissible, in respect of allegations of arbitrary detention
reported to have occurred.
 
2. The Working Group notes with appreciation the information
forwarded by the Government concerned in respect of the cases in
question within 90 days of the transmittal of the letter by the
Working Group.
 
3. (Same as in Decision No. 1/1992.)
 
4. In the light of the allegations made, the Working Group
welcomes the cooperation of the Government of Myanmar. The
Working Group believes that it is in a position to take a
decision on the facts and circumstances of the case, in the
context of the allegations made and the response of the
Government thereto.
 
5. It is alleged in the communications submitted by the source
that U Nu, the 84-year-old former Prime Minister of Myanmar, has
been detained under house arrest, together with his wife, since
29 December 1989 for refusing to resign from a "parallel
government", formed by him in August 1988 on the ground that he
had been elected in the last national elections of 1960.
According to the source, U Nu is held under the administrative
detention provisions of the 1975 State Protection Law. It is
further alleged that he has not been charged or tried and has no
opportunity to challenge his detention before a court and that he
has never been brought before a judge. He is reported to be held
in almost complete isolation from the outside world.
 
6. Aung San Suu Kyi has reportedly also been detained under house
arrest without charge or trial since 20 July 1989. According to
the source, she is one of the founders of the National League for
Democracy (NLD), which was formed in 1988. As General Secretary
of the NLD, she allegedly called for non-violent resistance to
martial law imposed on the country after September 1988. Aung San
Suu Kyi is reported to be held under the administrative detention
provisions of the 1975 State Protection Law. She is said to be
detained under constant armed guard at her family home, in almost
complete isolation from the outside world.
 
7. According to the source, U Nu and Aung San Suu Kyi are
prisoners of conscience, detained solely for the peaceful
exercise of their rights to freedom of expression and assembly,
rights which are guaranteed under articles 19 and 20 of the
Universal Declaration of Human Rights.
 
8. By letter dated 30 December 1991, addressed to the Chairman of
the Working Group, the authorities of Myanmar replied to the
allegations contained in the above-mentioned communication,
stating that U Nu and Daw Aung San Suu Kyi were placed under
restraint in accordance with section 10, subsection (b) of the
1975 "Law to Safeguard the State against the Dangers of those
desiring to cause Subversive Acts". This 1975 State Protection
Law was enacted in January 1975 by the First Pyithu Hluttaw
(National Assembly) at its first special session. The main
objective of the said Law is to prevent the infringement of the
sovereignty and security of the State or public peace and
tranquillity. It is aimed at taking action only against those
desiring to cause subversive acts against the State.
 
9. After explaining in detail the provisions of the 1975 State
Protection Law, the Myanmar authorities point out that Daw Aung
San Suu Kyi was placed under restraint on the morning of 20 July
1989 for infringement of the 1975 State Protection Law. In
particular, she created situations that endangered the State; she
tried to cause division between the Tatmadaw (armed forces) and
the people, and engaged in activities (inciting) hatred of the
people towards the Tatmadaw. She allegedly did this in various
speeches and press conferences during which she described the
army and Government as "Fascist" and falsely accused the army of
having killed eight youths, whereas, in reality, the army, during
an operation against KIA (Kachin Independence Army) insurgents,
captured eight insurgents. Later, in attacking an enemy camp
where some 20 KIA insurgents and 10 insurgent youths had taken
refuge, four KIA insurgents and three insurgent youths were
killed. Two insurgent youths who were captured earlier (among the
eight) and who had guided the Tatmadaw to that KIA camp were also
killed. This allegation, contrary to fact, demonstrates that Daw
Aung San Suu Kyi deliberately told a lie so that the people would
have resentment against the Tatmadaw, causing division between
the people and the Tatmadaw and also, at the same time, to
demoralize the Tatmadaw, thus adversely affecting its fighting
capabilities.
 
10. As regards U Nu, the authorities state that he was placed
under restraint for having issued an announcement declaring that
he had resumed the power of Prime Minister with effect from the
morning of 9 September 1988. This was followed by his press
release 1/88 of 22 September 1988 in which he stated that he had
formed the Government of the Union of Myanmar on 19 September
1988, led by him. The press release also stated that the
Government of General Saw Maung was illegal; that his (U Nu's)
Government was legal since it was internationally recognized. The
press release also declared that the Tatmadaw need not take
orders from the military government as the people had turned
against the military government and that the Tatmadaw should take
orders from his (U Nu's) Government. On 23 September 1988, he
issued a "Statement to the Tatmadaw" and signed it as Prime
Minister U Nu. The statement mentioned that "the legal government
led by U Nu has been reconstituted on 19 September 1988 and that
the members of the Tatmadaw should part with the military
dictators and that they should embrace the people". U Nu's
statements that he had formed a parallel government are in a way
more serious and worse than the actions of insurgents who had
taken up arms against the Government. His actions amounted to
grave subversive acts against the Government. The authorities
concerned made two requests on 29 November 1989 and 22 December
1989, respectively, to U Nu, asking him to abolish his so-called
parallel government. U Nu refused to abolish or resign from his
parallel government, thus infringing section 124 (a) of the Penal
Code as well as section 5 (a), (b) and (j) of the 1950 Emergency
Provisions Act. Although much sterner action could have been
taken against U Nu, in accordance with the above-stated laws, the
authorities concerned decided to take a much more lenient action
under section 10, subsection (b), of the 1975 State Protection
Law. This much more lenient action was taken against him in view
of the political role he has played for the country and in
consideration of his advanced years and on humanitarian grounds.
 
11. According to the Government of Myanmar, legal action is taken
against Daw Aung San Suu Kyi and U Nu under section 10,
subsection (b) of the 1975 State Protection Law. Under this
provision, arrest or detention is avoided and only restriction of
movements and outside contacts of the person concerned is
imposed.
 
 
12. In conclusion, the Government of Myanmar affirms that Daw
Aung San Suu Kyi and U Nu were placed under restraint for
infringements of section 10, subsection (b), of the 1975 Law to
Safeguard the State against the Dangers of those desiring to
cause Subversive Acts (the 1975 State Protection Law). They were
not arbitrarily detained as alleged.
 
13. It appears from the Government's reply that it confirms that
U Nu and Daw Aung San Suu Kyi have been placed under house arrest
for having criticized the Government of Myanmar and, in the case
of U Nu, for having wished its replacement by the parallel
government set up by him.
 
14. It has not been reported that, by doing so, U Nu and Daw Aung
San Suu Kyi have resorted to violence, or have incited to
violence, or that they have threatened, in any way whatsoever,
the national security or the public order. It therefore appears
that the measure applied to them is based solely on the fact that
they had freely and peacefully exercised their rights to freedom
of opinion, expression and association, rights that are
guaranteed under articles 19 and 20 of the Universal Declaration
of Human Rights and articles 19 and 21 of the International
Covenant on Civil and Political Rights.
 
15. The Working Group considers that the measure of house arrest
applied, particularly with regard to Daw Aung San Suu Kyi, who is
restricted to her family home, which she cannot leave due to the
constant presence of an armed guard, is a deprivation of liberty
equivalent to a detention, which, in addition, has an arbitrary
character, falling within category II of the principles
applicable in the consideration of the cases submitted to the
Working Group, since this measure is based, as mentioned above,
on the exercise by that person of her rights and freedoms
guaranteed by articles 19 and 20 of the Universal Declaration of
Human Rights and by articles 19 and 21 of the International
Covenant on Civil and Political Rights.
 
16. In addition, it is clear that both U Nu and Daw Aung San Suu
Kyi have been held since 1989 without charge or trial, that they
have never had access to counsel, that they could never challenge
their deprivation of liberty before a court, and that they have
been held in almost complete isolation from the outside world. It
therefore appears that articles 9, 10 and 11 of the Universal
Declaration of Human Rights and articles 9 and 14 of the
International Covenant on Civil and Political Rights have been
violated. These articles contain guarantees of the right to a
fair trial by providing that no one shall be subjected to
arbitrary arrest, detention or exile, and that everyone charged
with a penal offence shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal, to be
tried without undue delay, and to be tried in his presence, and
to defend himself in person or through legal assistance in his
own choosing. Similar guarantees are also embodied in principles 
 
17, 18 and 19 of the Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment.
 
17. As regards the case of U Nu, the Working Group took note with
appreciation of the information provided to it by the Government
of Myanmar by letter dated 3 June 1992, and reiterated in a
statement made before it by the Permanent Representative of
Myanmar to the United Nations Office at Geneva on 29 September
1992, confirming the release of U Nu from house arrest on 25
April 1992. Nonetheless, in view of the special circumstances of
the case as described above, and in keeping with paragraph 14 (a)
of its methods of work, which provides, "if the person has been
released, for whatever reason, since the working Group took up
the case, the case is filed; nevertheless, the Working Group
reserves the right to decide, on a case-by-case basis, whether or
not the deprivation of liberty was arbitrary. Notwithstanding the
release of the person concerned". The Working Group therefore
considers that it may take a decision on whether or not the
deprivation of liberty of U Nu was arbitrary.
 
 
18. In the light of the above the Working Group decides:
 
  The detention of U Nu and Daw Aung San Suu Kyi is declared to
be arbitrary, being in contravention of articles 9, 10, 11, 19
and 20 of the Universal Declaration of Human Rights and articles
9, 14, 19 and 21 of the International Covenant on Civil and
Political Rights and falling within categories II and III of the
principles applicable in the consideration of the cases submitted
to the Working Group.
 
19. Consequent upon its decision declaring the detention of U Nu
and Daw Aung San Suu Kyi to be arbitrary, and taking into account
the release of U Nu from house arrest, the Working Group requests
the Government of Myanmar to take the necessary steps to remedy
the situation in order to bring it into conformity with the norms
and principles incorporated in the Universal Declaration of Human
Rights and in the International Covenant on Civil and Political
Rights.
 
END DOCUMENT
 ...............................................................  
 
 
 
                                 
AUNG SAN SUU KYI: DETENTION IN VIOLATION OF INTERNATIONAL LAW
                                    
On July 20, 1989, Aung San Suu Kyi was placed under house arrest
in her family home in Rangoon.  On that day, the Burmese
government placed eleven truckloads of armed troops in front of
her house, blocked her from leaving, and cut her telephone lines.
 
In the over four years and nine months of her detention Aung San
Suu Kyi has never once been permitted to leave her family home. 
During this time the government of Burma has held her in
isolation with the outside world. However, in February 1994 Aung
San Suu Kyi was allowed to receive outside visitors for the first
time: these were US Congressman Bill Richardson, a representative
of the UN and a reporter from the "New York Times". Aside from
this and from infrequent visits from members of her immediate
family permitted by the military, her only other human contact
has consisted of visits by her maid and the military officer who
serves as her contact with the Burmese government.
 
Aung San Suu Kyi has been held under a 1975 las for "Safeguarding
the State from Dangerous Subversive Elements," which seeks to
prevent acts and deeds endangering the sovereignty and security
of the //state. In August 1991, the military government amended
this law to extend the permissible time period for detention
without charge or trial to a maximum of five years, the detention
order to be renewed after each year.  Previously the limit for
detention without trial was three years, the detention order to
be renewed every six months.  The government retroactively
applied the amended law to Aung San Suu Kyi.  As a result, she is
now being held under a provision that did not exist in July 1989
when she was first placed under house arrest.  In addition, Aung
San Suu Kyi has indicated that the government has extended her
house arrest until at least the start of 1995, which is beyond
even the five year limit on detention provided by the
government's August 1991 amendment.
 
Customary International law norms prohibit arbitrary arrest and
detention [1]. Such norms, which are binding in Burma, are
reflected in the Universal Declaration of Human Rights (the
"UDHR") and in the International Convention on Civil and
Political Rights (the "ICCPR"). An arrest or detention is
arbitrary if it is (a) on grounds or in accordance with
procedures other than those established by law, or (b) under the
provisions of a law the purpose of which is incompatible with
respect for the right to liberty and security of person [2].
Under both aspects of this standard, the Burmese government's
detention of Aung San Suu Kyi violates international law.
 
 
VIOLATION OF DUE PROCESS
 
First, the Burmese law for "Safeguarding the State from Dangerous
Subversive Elements" is itself incompatible with respect for the
right to liberty and security of person. A person detained under
that law is denied fundamental elements of due process recognized
under international law.  Customary international law, as reflect
-ed in the ICCPR and UDHR, among other instruments, requires that
anyone deprived of his or her liberty by arrest or detention is
entitled to a proceeding before a court to determine if the
detention is lawful [3]. Since her arrest, Aung San Suu Kyi has
had no recourse to public courts or to any form of judicial
process. She has never been tried of charged with any crime. Her
house arrest was imposed by the Burmese government with no
judicial hearing nor any opportunity for Aung San Suu Kyi to
appear before a court. The continued detention of Aung San Suu
Kyi, without any form of judicial process, violates this norm of
international law.
 
 
RETROACTIVE APPLICABILITY OF CRIMINAL PENALTIES
 
Second, the detention of Aung San Suu Kyi violates customary
international law because the law under which she is being held
has been applied retroactively. The retroactive application of
criminal penalties is strictly forbidden under customary
international law norms. Article 11 of the UDHR and Articles 4
and 15 of the ICCPR provide for the non-derogable right to be
free from the imposition of a heavier penalty than the one that
was applicable when a criminal offense was committed [4]. The
government's treatment of Aung San Suu Kyi violates this norm by
detaining her longer than three years as was permitted under the
law in effect at the time of her arrest. The "ex post facto"
application of the amended law to Aung San Suu Kyi, as well as
the nature of the law itself, is incompatible with respect of 
the right to liberty and security of person.
 
 
DETENTION ON GROUNDS OTHER THAN ESTABLISHED BY LAW
 
Third, as noted above, Aung San Suu Kyi has indicated that the
government has extended her house arrest until at least the start
of 1995. This latest extension would be at least six months
beyond even the five-year limit on detention provided by the
government's "ex post facto" extension issued in August 1991. The
Burmese government's extended detention of Aung San Suu Kyi
underscores the arbitrariness of her detention. There are no
grounds under Burmese law for holding Aung San Suu Kyi beyond the
five year limit (even assuming such a limit were consistent with
international law). If the Burmese government follows its
reported intention to do so, such an indefinite detention would
violate international law because it would not be in accordance
with procedures established by law.
 
6th May 1994
 .............................................................
 
                                   NOTES
 
[1] International Convention on Civil and Political Rights 
Art. 9 (1); Universal Declaration of Human Rights Art. 9.
 
[2] Study of the Right of Everyone to be Free from Arbitrary
Arrest, Detention and Exile, UN Doc E/CN.4/826/Rev.1, at para. 27
(1964)
 
[3] E.g. ICCPR Art.9 (4); UDHR, Art.9
 
[4] Article 15 of the ICCPR states: "No one shall be held guilty
of any criminal offense on account of any act or omission which
did not constitute a criminal offense, under national or
international law, at the time when it was committed. NOR SHALL A
HEAVIER PENALTY BE IMPOSED THAN THE ONE THAT WAS APPLICABLE AT
THE TIME WHEN THE CRIMINAL OFFENSE WAS COMMITTED (emphasis
added). Article 11 of the UDHR contains similar prohibitions on
the retroactive application of criminal penalties. 
 
END DOCUMENT
 ...........................................................
 
 
[PARAGRAPHS DEALING WITH THE DETENTION OF DAW AUNG SAN SUU KYI
TAKEN FROM UN GENERAL ASSEMBLY REPORTS A/49/594 OF 28 OCTOBER
1994, AND A/49/594 Add.1, OF 9 NOVEMBER 1994, BY THE SPECIAL
RAPPORTEUR ON MYANMAR. THESE COMPRISE QUESTIONS PUT BY THE
SPECIAL RAPPORTEUR AND THE GOVERNMENT OF MYANMAR'S REPLIES]
 
 
                        A/49/594 OF 28 OCTOBER 1994
 
                                  ......
 
'8. On 5 October 1994, the Special Rapporteur addressed the
following letter to the Minister for Foreign Affairs of the
Union of Myanmar:
                                  ......
 
     "In keeping with my commitment to endeavouring to accord
   full consideration to your Government's views on the
   substantive issues raised in my mandate, including both
   general and specific allegations of human rights violations
   by the Government of Myanmar, I submit herewith a summary
   of allegations received by me in the last year.  In addition  
   to the views of your Government concerning the issues raised  
   in the attached summary of allegations, I would appreciate    
   receiving your Government's responses to the following:
 
     "1.    Please specify the reasons, including reference to
   specific legal authority, for keeping Daw Aung San Suu Kyi
   under house arrest after 20 July 1994, and please indicate
   precisely when the Government intends to release her.
 
     "2.    Please describe in as much detail as possible the
   present status of Daw Aung San Suu Kyi's physical health.
 
     "3.    Please detail the Government's position with
   regard to maintaining dialogue with Daw Aung San Suu Kyi,
   indicating the time-frame the Government intends to follow
   in this regard.'
 
                                   ....
 
             III.  SUMMARY OF ALLEGATIONS RECEIVED
 
                                   ....
 
              "B.  Arbitrary arrest and detention
 
"5.  The Nobel Peace Prize winner, Daw Aung San Suu Kyi, is
still being held under prolonged house detention without
trial; on 20 July 1994, she passed her fifth anniversary in
detention.  Seeking her release and return to freedom in
Myanmar, including respect for all of her civil and political
rights under international law, parliamentarians,
non-governmental organizations and individuals from throughout
the world sent thousands of petitions to the United Nations in
the last few months.
 
                                   ....
 
 
                   A/49/594 Add.1, OF 9 NOVEMBER 1994
                                    
                   [THE GOVERNMENT OF MYANMAR'S REPLY]
                                    
 
1.  The Special Rapporteur submitted to the Government of
Myanmar, on 5 October 1994, a summary of allegations he had
received concerning human rights violations in Myanmar (for
the text, see A/49/594, para. 9).  In his accompanying letter,
the Special Rapporteur requested the Government of Myanmar's
responses to five specific questions (see A/49/594, para. 8).
 
2.  By note verbale dated 4 November 1994, the Permanent
Mission of the Union of Myanmar to the United Nations Office
at Geneva transmitted the responses of the Government of
Myanmar to both the Special Rapporteur's summary of
allegations received and the five specific questions put in
his letter of 5 October 1994.
 
3.  The following is the full text of the Government of
Myanmar's response to the summary of allegations received by
the Special Rapporteur:
 
 
   "OBSERVATIONS AND REBUTTALS ON THE SUMMARY OF ALLEGATIONS
 
                                   ....
 
              "B.  Arbitrary arrest and detention
 
    "8. In the Union of Myanmar, a person cannot be arrested
    and detained if it is not in accordance with the law.  It
    is provided in section 61 of the Code of Criminal
    Procedure that no police officer shall detain in custody a
    person for a period exceeding 24 hours.  Where it is
    necessary to detain such an accused for more than 24
    hours, special order of a magistrate has to be obtained
    under section 167 of the Code of Criminal Procedure.  The
    arrested person has the right of defence and the right to
    have legal defence counsel.  Moreover, the arrested or
    detained person has the right to apply freely for bail to
    the magistrate concerned and the court may grant him bail
    according to the merits of the case.
 
 
    (Reference:  paragraph 5)
 
    "9. Daw Aung San Suu Kyi is restrained after 20 July 1994
    in accordance with section 10 (b) and section 14 of the
    Law to Safeguard the State against the Dangers of Those
    Desiring to Cause Subversive Acts.  Under section 10 (b)
    of the said law, the Central Body, consisting of the
    Minister for Home Affairs as Chairman and the Minister for
    Defence and the Minister for Foreign Affairs as members,
    may restrain a person against whom action is taken, up to
    one year, for safeguarding the State against danger.  If
    it is necessary to continue the restraint of the person
    against whom action is taken, on the completion of one
    year, the Central Body may continue the restraint, with
    the prior sanction of the Council of Ministers, year by
    year, up to five years.  Hence, a person against whom
    action is taken may be restrained for one year in
    accordance with section 10 (b) of the Law to Safeguard the
    State against the Dangers of Those Desiring to Cause
    Subversive Acts, and restraint may be continued against
    that person, year by year, up to five more years in
    accordance with section 14 of the said law.
 
                                   ....
 
4.  The following is the full text of the Government of
Myanmar's response to the five specific questions the Special
Rapporteur put to the Government of Myanmar in his letter
dated 5 October 1994 (see A/49/594, para. 8):
 
 
   "Responses to the queries made by the Special Rapporteur
   on the situation of human rights in Myanmar
 
 
    (Response to question 1)
 
    "1. The Myanmar authorities, in the statements made since
    action had to be taken against Daw Aung San Suu Kyi, made
    known the reasons for restraining her:
 
        (a)  That she had been influenced by anti-government,
    opportunistic politicians and insurgent groups in their
    attempt to seize political power for their own end, at a
    time when a political vacuum developed by the people's
    genuine desire to forsake the socialist economic system
    and their yearning for the return to a multi-party
    democratic system;
 
        (b)  For her own good and for the good of the country
    she had to be restrained in order to prevent her from
    promoting the cause of these unsavoury political elements
    who found their way and got themselves into positions of
    influence around her to create disunity among the only
    unified establishment left in this country, the Tatmadaw,
    which was endeavouring to stabilize the situation created
    by the political vacuum;
 
        (c)  Despite repeated caution on the part of the
    authorities, she made seditious speeches inciting the
    people to acts of violence and to cause division within
    the armed forces and division between the armed forces and
    the people.
 
 
    "2. The specific legal authority for restraining Daw Aung
    San Suu Kyi is the 1975 Law to Safeguard the State against
    the Dangers of Those Desiring to Cause Subversive Acts.
    Under this law, if there are reasons to believe that any
    citizen has done or is doing or is about to do any act
    which infringes the sovereignty and security of the State
    or public peace and tranquillity, the Council of Ministers
    is empowered to pass an order, as may be necessary,
    restricting any fundamental right of such person.
 
    "3. Also, under section 10 (b) and section 14 of this 1975
    Law to Safeguard the State against the Dangers of Those
    Desiring to Cause Subversive Acts, there is the legal
    basis for the restraint of Daw Aung San Suu Kyi after 20
    July 1994.  Under this Law the Council of Ministers may
    pass an order as may be necessary restricting any
    fundamental right of a citizen if there are reasons to
    believe that he has committed, or is committing, or is
    about to commit, any act which infringes the sovereignty
    and security of the State or public peace and
    tranquillity.  To exercise such power a Central Body,
    consisting of the Minister for Home Affairs as Chairman,
    and the Minister for Defence and the Minister for Foreign
    Affairs as members has been formed.
 
    "4. The Central Body in passing restriction orders for
    safeguarding the State against dangers has the following
    powers:
 
        (a)  Arresting and detaining a person for a period not
    exceeding 60 days at a time, up to a total of 180 days;
 
        (b)  Restraining a person up to one year.
 
 
    "5. If it becomes necessary to extend the period of
    detention or restraint, the Central Body may be authorized
    by the Council of Ministers to detain or restrain a person
    for a period not exceeding one year at a time, up to a
    total of five years.
 
    "6. In accordance with section 13 of the Law, the Central
    Body shall obtain the prior sanction of the Council of
    Ministers if it is necessary to continue the restraint of
    the person against whom action is taken for a period
    longer than contained in section 10 (b).
 
    "7. In so doing, in accordance with section 14 of the Law,
    the Council of Ministers may, in granting prior sanction
    to continue the detention and arrest or to continue to
    restrain, permit a period not exceeding one year at a time
    up to a total of five years.
 
    "8. Hence, the Central Body can restrain a person for one
    year with its own mandate under section 10 (b) of the Law,
    and with the prior sanction of the Council of Ministers,
    can extend the period of restraint for five years in
    accordance with section 14 of the Law.
 
    "9. In view of the foregoing, there is the legal basis for
    restraining Daw Aung San Suu Kyi after 20 July 1994 based
    on section 10 (b) and section 14 of the 1975 Law to
    Safeguard the State against the Dangers of Those Desiring
    to Cause Subversive Acts.
 
 
    (Response to question 2)
 
    "10.     Regarding her physical well-being, other than
    being allowed to move outside her compound, she is free to
    live as she wishes within her property and enjoy all other
    privileges.  She lives as she pleases, listens to the
    radio, watches television, reads, writes, exercises, sings
    and plays the piano and guitar.  She has always had one
    maid to help her.
 
    "11.     She has no social difficulties.  She can meet
    freely with her immediate family, and since the beginning
    of her restraint, her husband, Mr. Michael Aris, has
    visited her nine times, her elder son Alexander five
    times, and her younger son Kim eight times.  She is
    allowed to write freely to her family and receive
    correspondence and parcels from them.
 
    "12.     She can meet freely with relatives who come to
    meet and live within her compound.  She can also invite
    revered monks to her house to offer soon alms to them.
 
    "13.     Apart from giving Congressman Bill Richardson the
    opportunity to meet with Daw Aung San Suu Kyi two times
    when he last visited Myanmar, arrangements were made for
    her mother-in-law, Mrs. Evelyn Aris, on her arrival in
    Yangon on 28 October 1994, to spend a week together with
    Daw Aung San Suu Kyi.
 
    "14.     Daw Aung San Suu Kyi's health is in a good state.
 
 
    (Response to question 3)
 
    "15.     The Chairman of the State Law and Order
    Restoration Council, Senior General Than Shwe, and First
    Secretary Lieutenant General Khin Nyunt, met with Daw Aung
    San Suu Kyi on 20 September 1994.  Subsequently, another
    meeting took place between Lieutenant General Khin Nyunt
    and Daw Aung San Suu Kyi on 28 October 1994.  Brigadier
    General Than Oo, the Judge Advocate General, and Brigadier
    General Tin Aye, the Inspector General of the Defence
    Services, were also present at the meeting.  Such meetings
    are expected to take place again.  Meetings with Daw Aung
    San Suu Kyi are regarded as purely an internal affair of
    Myanmar.
 
                                   ....
 
 
                     [N.B. THESE EXTRACTS COMPRISE 
               APPROXIMATELY ONE SEVENTH OF THE REPORTS. 
        TEXT IN SQUARE BRACKETS IS NOT IN THE ORIGINAL DOCUMENTS]
                
 
END DOCUMENT
 .................................................................
 
 
                PARAGRAPHS DEALING WITH THE DETENTION OF 
                          DAW AUNG SAN SUU KYI 
       FROM THE 1995 REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR 
                  TO THE UN COMMISSION ON HUMAN RIGHTS
 
 
16. In July 1994, Daw Aung San Suu Kyi, began her sixth year of
house arrest. Earlier in the year, and for the first time since
her arrest, she was allowed to meet with persons other than her
immediate family. United States Congressman William Richardson
met with her twice at her home during his visit to Myanmar from
15 to 17 February. Also present at the meetings were the Resident
representative of the United Nations Development Programme (UNDP)
in Myanmar, a representative of the United States Embassy, and a
reporter from The New York times. On 20 September 1994, Daw Aung
San Suu Kyi attended another meeting with the Chairman of SLORC ,
General Than Shwe, and Secretary One, Lieutenant General Khin
Nyunt, at a governmental  guest house. The meeting was the result
of mediation by Dr Rewata Dhamma, a Burmese Buddhist monk living
in the United Kingdom. During two visits to Myanmar in 1994, Dr
Rewata Dhamma met with Daw Aung San suu Kyi, whom he has known
for many years, and also with members of SLORC. A second meeting
between SLORC representatives, Lieutenant General Khin Nyunt,
Armed Forces Judge-Advocate Brigadier General Tin Aye and Daw
Aung San Suu Kyi took place on 28 October 1994 at a governmental
guest-house. 
 
 
105. The Nobel Prize winner, Daw Aung San Suu Kyi, is still being
held under prolonged house detention without trial; on 20 July
1994, she had completed five years in detention. Seeking her
release and return to freedom in Myanmar, including respect for
all of her civil and political rights under international law,
parliamentarians, non-governmental organizations and individuals
throughout the world have sent thousands of petitions to the
United Nations in the last few months.
 
106. In a letter dated 5 October 1994, the Special Rapporteur
requested the government of Myanmar to provide specific reasons,
including reference to specific legal authority, for keeping Daw
Aung San Suu Kyi under house arrest after 20 July 1994, and to
indicate precisely when the Government intends to release her. 
 
107. In a note verbale dated  4 November 1994, the Government of
Myanmar provided the Special Rapporteur with the following
detailed responses to the above inquiries:
 
 "1. (a) ... she (Daw Aung San Suu Kyi) had been influenced by 
anti-government , opportunistic politicians and insurgent groups
in their attempt to seize political power for their own end, at
a time when a political vacuum developed by the people's  genuine
desire to forsake the socialist economic system and their
yearning for the return to a multi-party democratic system;
 
 
 "(b) For her own good and for the good of the country she had 
to be restrained in order to prevent her from promoting the 
cause of these unsavoury political elements who found their way 
and got themselves into positions of influence around her to 
create disunity among the only unified establishment left in 
this country, the Tatmadaw, which was endeavouring to stabilize 
the situation created by the political vacuum;
 
 "(c) Despite repeated caution on the part of the authorities, 
she made seditious speeches inciting the people to acts of 
violence and to cause division within the armed forces and 
division between the armed forces and the people.
 
 "2. The specific legal authority for restraining Daw Aung San 
Kuu Kyi is the 1975 Law to Safeguard the State Against the 
Dangers of Those Desiring to Cause Subversive Acts. Under this 
Law, if there are reasons to believe that any citizen has done 
or is doing or is about to do any act which infringes the
sovereignty and security of the State or public peace and 
tranquility, the Council of Ministers is empowered to pass an 
order, as may be necessary, restricting any fundamental right 
of such person.
 
 "3. Also, under Section 10 (b) and Section 14 of this 1975 Law 
to Safeguard the State Against the Dangers of Those Desiring to 
Cause Subversive Acts, there is the legal basis for the
restraint of Daw Aung San Suu Kyi after 20 July 1994. Under 
this Law the Council of Ministers may pass an order as may be 
necessary restricting any fundamental right of a citizen if 
there are reasons to believe that he has committed , or is 
committing or is about to commit, any act which infringes the 
sovereignty and security of the State or public peace and 
tranquility. To exercise such power a Central Body, consisting 
of the Minister for Home Affairs as Chairman, and the Minister 
for Defence and the Minister for Foreign Affairs as members has 
been formed.
 
 "4. The Central Body in passing restriction orders for
safeguarding the State against dangers has the following
powers:
    (a) arresting and detaining a person for a period not
    exceeding 60 days at a time up to a total of 180 days;    
    (b) Restraining a person up to one year.
 
 "5. If it becomes necessary to extend the period of detention 
or restraint, the Central Body may be authorized by the Council 
of Ministers to detain or restrain a person for a period not 
exceeding one year at a tile up to a total of five years. 
 
 "6. In accordance with Section (13) of the Law, the Central Body
shall obtain the prior sanction of the Council of Ministers if 
it is necessary to continue the restraint of the person against 
whom action is taken for a period longer than contained in 
Section 10 (b).
 
 "7. In so doing, in accordance with Section (14) of the Law, 
the Council of Ministers may, in granting prior sanction to 
continue the detention and arrest or to continue to restrain, 
permit a period not exceeding one year at a time up to a total 
of five years.
 
 "8. Hence, the Central Body can restrain a person for one year 
with its won mandate entrusted by Section 10 (b) of the Law and,
with prior sanction of the Council of Ministers, can extended 
the period of restraint for five years in accordance with 
Section (14) of the Law.
 
 "9. In view of the foregoing, there is the legal basis for 
restraining Daw Aung San Suu Kyi after 20 July 1994 based on 
Section 10 (b) and Section (14) of the 1975 Law to Safeguard  the
State Against the Dangers of those Desiring to Cause Subversive
Acts."
 
 
EXTRACTS FROM THE ORAL STATEMENT TO THE UN COMMISSION ON HUMAN
RIGHTS BY THE SPECIAL RAPPORTEUR ON MYANMAR, 23 FEBRUARY 1995
 
 
 ...   On the same subject, I must express my disappointment
that Daw Aung San Suu Kyi, who has been under house arrest since
20 July 1989, has not yet been released. I now understand that
her detention has been further extended for six months from 10
January to 11 July 1995. This decision was taken by the Council
of Ministers on 14 December 1994, though the order was only
shown to her finally on 29 January 1995. According to the
Government's own interpretation of its altered law, applied to
her with retroactive effect, she cannot continue to be held
beyond 11 July 1995, by which time she will have been detained
without trial for six years.
 
 
(from the recommendations)
 
        (e) All political leaders, including elected political
representatives, students, workers, peasants and others arrested
or detained under martial law after the 1988 and 1990
demonstrations or as a result of the National Convention, should
be tried by a properly constituted and independent civilian
court in an open and internationally accessible judicial
process. If found guilty in such judicial proceedings, they
should be given a just sentence. Alternatively, they should be
immediately released and the Government refrain from all acts of
intimidation, threats or reprisals against them or their
families. With respect to Daw Aung San Suu Kyi, the government
should release her immediately and unconditionally.
 
 
END DOCUMENT
 ................................................................
 
                                    
                      PARAGRAPHS OF UN RESOLUTIONS 
               CALLING FOR THE RELEASE OF AUNG SAN SUU KYI
                                    
 
(UN resolutions have two parts: a Preambular section, and an
Operative section which contains the main recommendations and
condemnations. Paragraphs from the preambular section are here
called PP (preambular paragraphs, and those from the Operative,
OP). General Assembly resolutions begin with "The General
Assembly," and Commission resolutions with "The Commission on
Human Rights,". 
 
 
                            UN GENERAL ASSEMBLY
 
 
1991
 
Welcoming the Secretary-General's statement on the award of the
Nobel Peace Prize to Aung San Suu Kyi and his repeated appeals
for her early release from house arrest; (PP)
 
 
1992
 
OP 9. Calls upon the Government of Myanmar to release
unconditionally the Nobel Peace Laureate Aung San Suu Kyi, who is
now in her fourth year of detention without trial, and other
political leaders and remaining political prisoners; 
 
 
1993
 
OP 12 Strongly urges the Government of Myanmar to release
unconditionally and immediately the Nobel Peace Prize Laureate
Aung San Suu Kyi, who is now in her fifth year of detention
without trial, and other political leaders and remaining
political prisoners; 
 
 
1994
 
OP 4. Repeats its call on the Government of Myanmar to release
unconditionally and immediately the Nobel Peace Prize Laureate
Aung San Suu Kyi, who is now in her sixth year of detention
without trial, and other political leaders and remaining
political prisoners;
 
OP 5. Welcomes the recent meetings between the Government of
Myanmar and Nobel Peace Prize Laureate Aung San Suu Kyi and
encourages the Government of Myanmar to engage in a substantive
political dialogue with Aung San Suu Kyi and other political
leaders, including representatives from ethnic groups, as the
best means of promoting national reconciliation and the full and
early restoration of democracy;
 
 
 
                       UN COMMISSION ON HUMAN RIGHTS
 
 
1992
 
Also noting that many political leaders, in particular elected
representatives, remain deprived of their liberty and that Daw
Aung San Suu Kyi, Nobel Peace Prize laureate, is still under
house arrest and is deprived of visits from her family; (PP)
 
OP 2. Expresses its concern at the seriousness of the human
rights situation in Myanmar and, in particular, at the fact that
a number of political leaders, including Daw Aung San Suu Kyi and
other leaders of the National League for Democracy, remain
deprived of their liberty;
 
 
1993
 
Deploring that many political leaders, in particular elected
representatives, remain deprived of their liberty and that Daw
Aung San Suu Kyi, Nobel Peace Prize laureate, is still under
house arrest; (PP)
 
Regretting in this context that the Nobel Peace Prize laureates
were not allowed to enter Myanmar to meet with Daw Aung San Suu
Kyi; (PP)
 
Deploring however that in spite of the provisions of resolution
1992/58 requesting the Government of Myanmar to extend their full
and unreserved cooperation to the Special Rapporteur, he has been
denied access to some persons, in particular detainees, including
Daw Aung San Suu Kyi, and that a number of persons wishing to
provide testimony have been subjected to intimidation or
harassment; (PP)
 
OP 2. Deplores the continued seriousness of the situation of
human rights in Myanmar and, in particular, the fact that a
number of political leaders including Daw Aung San Suu Kyi and
other leaders of the National League for Democracy, remain
deprived of their liberty;
 
OP 9. Urges the Government of Myanmar to release unconditionally
and to ensure the physical integrity of the Nobel Peace Prize
laureate, Daw Aung San Suu Kyi, detained without trial for the
last four years, as well as other detained political leaders and
all political prisoners;
 
1994
 
Deploring that many political leaders, in particular elected
representatives, remain deprived of their liberty and that Daw
Aung San Suu Kyi, a Nobel Peace Prize laureate, is still under 
house arrest and, according to some sources, will not in any
event be released before the end of 1994; (PP)
 
Reaffirming that Daw Aung San Suu Kyi, a Nobel Peace Prize
Laureate, who has recently been authorized to receive a number of
visits, must be released immediately and unconditionally; (PP)
 
OP 2. Deplores the continued seriousness of the situation of
human rights in Myanmar and, in particular, the fact that a
number of political leaders, including Daw Aung Suu Kyi and other
leaders of the National League for Democracy, remain deprived of
their liberty;
 
OP 11. Strongly urges the Government of Myanmar to release
immediately and unconditionally the Nobel Peace Prize laureate,
Daw Aung San Suu Kyi, detained without trial for the last five
years, as well as other detained political leaders  and 
all political prisoners, to ensure their physical integrity and
to permit them to participate in the process of national
reconciliation;
 
OP 21. Urges the Government of Myanmar to cooperate fully and
unreservedly with the Commission and the Special Rapporteur and,
to that end, to ensure that the Special Rapporteur has
effectively free access to any person in Myanmar whom he may deem
it appropriate to meet in the performance of his mandate,
including Daw Aung San Suu Kyi;
 
 
1995
 
Deploring that many political leaders, in particular elected
representatives, remain deprived of their liberty and that Daw
Aung San Suu Kyi, a Nobel Peace Prize Laureate, is still under
house arrest, which has recently been extended, and, while
acknowledging the recent release of a substantial number of
political prisoners, notes with dismay that in many cases their
release was on condition that they not resume political activity;
(PP)
 
Deploring, however, that in spite of resolution 1993/73
requesting the Myanmar authorities to extend their full and
unreserved cooperation to the Special Rapporteur, he has been
denied access to Daw Aung San Suu Kyi (PP) 
 
Regretting that the representatives of the Secretary-General have
not been given access to Daw Aung San Suu Kyi (PP)
 
Reaffirming that Daw Aung San Suu Kyi, a Nobel Peace Prize
laureate, must be released immediately and unconditionally along
with other persons detained for political reasons; (PP)
 
OP 3. Deplores the continuing serious violations of human rights
in Myanmar and, in particular, the fact that a number of
political leaders, including Daw Aung San Suu Kyi and other
leaders of the National League for Democracy, remain deprived of
their liberty;
 
OP 4. Strongly urges the Government of Myanmar to release
immediately and unconditionally the Nobel Peace Prize Laureate
Daw Aung San Suu Kyi, detained without trial for more than five
years, as well as other detained political leaders and all
political prisoners, to ensure their physical integrity and to
permit them to participate in the process of national
reconciliation;
 
OP 5. Commends the recent meetings between Myanmar government
representatives and the Nobel Peace Prize laureate, Daw Aung San
Suu Kyi, and urges the Government of Myanmar to open a
substantial political dialogue with her and other political
leaders, including representatives of ethnic groups, as the best
means to arrive at national reconciliation and the complete and
rapid installation of democracy;
 
OP 25. Urges the Government of Myanmar to cooperate fully and
unreservedly with the Commission and the Special Rapporteur and,
to that end, to ensure that the Special Rapporteur effectively
has free access to any person in Myanmar he may deem it
appropriate to meet in the performance of his mandate, including
Daw Aung San Suu Kyi;
 
END DOCUMENT
 .................................................................
 
                 END ALSO THE FIRST INSTALLMENT OF THE 
                AUNG SAN SUU KYI MONTH CAMPAIGN TOOL-KIT