ABSDF: Burmese Military Breaks Own

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Subject: ABSDF: Burmese Military Breaks Own Law

Media Release
October 22, 1998

Burmese Military Breaks Own Law

Burmese military authorities have broken their own laws by
charging an official of the National League for Democracy (NLD)
under the 1950 Emergency Provision Act twice for the same alleged
offence.  

U Thein Aung, Salin township organizer of the NLD in Magwe
Division in central Burma, was arrested by Military Intelligence
Service (MIS) Unit 19 on 7 September. He was charged under the
1950 Emergency Provision Act and remanded in custody by a local
court for two weeks at Sinphugyun police station. 

When the remand expired on 21 September a further remand was
ordered until 6 October. After the expiry of this remand, U Thein
Aung was transferred from Sinpyugyun police jail to Salin police
station on the order of MIS officers. He was then charged again
under the 1950 Emergency Provision Act, despite the fact that he
had already been charged for his alleged offence.  He is
currently being held at Salin police station.

Spokesman for the Burma Lawyers Council, Aung Htoo, described
such a situation as a clear violation of Burmese law and Common
Law legal principles.

"Charging a person more than once for the same offence and
detaining him in police custody in one place after another places
the person in a position of double jeopardy.  An independent
judiciary would not permit such a thing, and it would be
unthinkable in a country governed by the rule of law. Repressive
actions of the authorities combined with lack of protection for
accused persons makes Burma an unsafe place for those considered
to be opponents of the regime."

Sources in Magwe said that MIS officers explained to U Thein Aung
that he was an "invited guest" at the police guesthouse to
exchange views with the authorities. Despite the claim, however,
no exchange of views took place during his extended period of
incarceration. 

U Tar and U Kan Oo, NLD Members of Parliament from Salin
constituencies arrested on July 20, are still in detention.  

Since May this year, 979 NLD officials and MPs have been detained
by the military. The military regime has so far released only
about 30 NLD officials who have been deemed not to pose a threat
to the military. Those detainees who the military believes
represent a danger have had their jail terms extended, in some
cases by being charged twice for the same offence.

Burmese military authorities have not released the names of those
detained since the mass arrests began, immediately after the NLD
congress on May 27. 
 
All Burma Students' Democratic Front

For more information please contact 01-253 9082, 01-654 4984