An Oral Statement to the 10th Session of the UN Human Rights Council by the Asian Legal Resource Centre (ALRC), a non-governmental organization with general consultative status
ASIA: Interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar
Thank you,
The Asian Legal Resource Centre (ALRC) warmly welcomes the approach that the Special Rapporteur has taken to the institutional issues of human rights abuse in Myanmar, especially concerning the criminal justice system, rather than simple description and classification of abuses there.
We understand you have met with the Attorney General, Police Chief, Bar Council and Chief Justice, the latter of which has reportedly ordered cases arising from the September 2007 protests to be heard in closed courts. Family members and lawyers have been obstructed or denied access to these trials. Were you able to take up this issue with the Chief Justice and what was his response?
There remain many persons in the prisons in Myanmar who have been arrested, charged and sentenced illegally and in evidence-less trials since the 2007 protests. Did you discuss these persons’ cases with the Chief Justice or Attorney General and how did they respond?
Given that the judiciary in Myanmar has for almost five decades been answerable to the executive and that the police force is in effect a de facto paramilitary agency, what issues did you identify in discussions with these persons for special further attention?
The military-imposed 2008 Constitution provides for the establishing of new regional high courts and a constitutional court and also reintroduces certain important legal procedures, including habeas corpus writ petitions, to the legal system of Myanmar. Do you see the possibility for UN intervention, especially concerning the use of habeas corpus as a means to protect citizens against large scale arbitrary and unlawful detention of the sort that followed the 2007 protests?
The Government of Myanmar has announced that in 2010 it will hold a general election for a semi-elected parliament under the 2008 Constitution. The election will place greater pressure on the police and quasi-policing agencies, and is likely to see the use of government-organised thugs for the purpose of threatening and attacking persons campaigning against army-approved candidates or for a boycott. What sorts of election-related violence and intimidation do you anticipate and how are you preparing for urgent interventions and other actions to address these?
Thank you
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Webcast video: http://webcast.un.org/ramgen/ondemand/conferences/unhrc/tenth/hrc090317am1-eng.rm?start=01:27:31&end=01:29:42
