[Date Prev][Date Next][Thread Prev][Thread Next][Date Index
][Thread Index
]
Faking Political Asylum Is A Crime
Dear Myo Thant and others,
I do not understand how anyone can view people in the pro-democracy
movement as a priviledged group. I have never nor has anyone who deeply
cares about the democracy in Burma stood for priviledge. The notion of
priviledge is antithetical to the democratic principles which I would
defend with my life.
Let me clarify my position more. I never said that political asylum
status should be reserved for students--I stated that political aslyum
status should be granted to those who desperately need status in a third
country. This includes all people (students and civilians) who have
participated in the democracy movement.
Let me also remind everyone that faking political asylum is also
perjury. The Immigration and Naturalization Service defines political
asylum status very specifically. Let me quote Basis for Eligibility
(page 2) on INS' Form I-589 Application for Asylum and for Withholding
of Deportation:
"In your application, you should clearly detail any of your experiences,
or those of family members which you believe illustrate why you have a
well founded fear of persecution.
You may also include background material such as newspaper articles,
affadavits of witness or experts, periodicals, journals, books,
photographs, official documents, other personal statements, or evidence
regarding incidents that have occurred to others. However, you must
establish why those incidents, or other general evidence are relevant to
your specific circumstances and why you have a well-founded fear of
persecution."
Thus, simply living under the Burmese military regime is not enough for
anyone to get political asylum. You must be personally subject to
persecution in your homeland. The questions on Form I-589 ask for very
specific evidence of the applicant's experiences. Some of these
questions are the following:
Have you or any member of your family ever belonged to or been
associated with any organizations or groups in your home country (i.e.,
a political party, student group, union, religious organization,
military or para-military group, civil patrol, guerilla organization,
ethnic group, human rights group or the press)(page3)?
Have you or any member of your family, ever been Arrested, Detained, or
Interrogated (page 3)?
Why do you think would happen to you if you returned to the country from
which you are claiming persecution (page 4)?
On the last page of the Form I-589, the applicant must sign the
application and certify the following statement: "I certify, under the
penalty of perjury under the laws of the United States of America, that
this application and the evidence submitted with it is all true and
correct. Title 18, United States Code, Section 1546, provides in part:
Whoever knowingly makes under oath, or a permitted under penalty of
perjury under Section 1746 of Title 28, United States Code, knowingly
subscribes as true, any false statement with respect to a material fact
in any application, affidavit, or other document required by the
immigrations laws or regulations perscribed thereunder, or knowingly
presents any such application, affidavit, or other document containing
any such false statement--shall be fined in accordance with this title
or imprisoned not more than five years, or both. I authorize the
release of any information from my record which the Immigration and
Naturalization Service needs to determine eligibility for the benefit I
am seeking."
In short, this means that anyone who falsifies their personal
experiences of persecution in their application for political asylum has
committed perjury. This application includes any materials like Htun
Aung Kyaw's recommendation letters which falsifies the applicant's
experiences persecution.
Are you and the others who support Htun Aung Kyaw supporting perjury?
Perjury is a federal offense in the United States and as Form I-589
atates perjury is subject to fine and/or five years in jail.
The US Immigration and Naturalization Service asks such specific
questions on the applicant's experience of persecution and has included
the statement on perjury because political asylum is reserved for those
people who truly cannot return to their country. Unlike the people who
come here with work permits or by other legal means, refugees and
displaced persons cannot return to Burma unless they wish to face
imprisonment, torture, and possibly death by the military regime. A
person who comes here legally can return safely to Burma after their
visa or work permit has expired.
Despite your feelings on this issue, I intend to investigate these
charges of perjury and falsifying political asylum applications by Htun
Aung Kyaw. I have contacted colleagues of mine who are lawyers and we
are going to bring these charges to Janet Reno, Attorney General of the
United States. We intend to investigate and prosecute those who have
committed perjury under the full extent of the law. I hope that none of
you who have defended Htun Aung Kyaw have contributed to his criminal
activities or had him write false recommendation letters for you.
If anyone has information regarding Htun Aung Kyaw's criminal
activities, please contact me.
Than Win (Htoo Gyi)
______________________________________________________
Get Your Private, Free Email at http://www.hotmail.com