By SAW YAN NAING

Thirty diplomats and 10 journalists were allowed to attend the third day of Aung San Suu Kyi’s trial in Rangoon’s Insein Prison on Wednesday.

Suu Kyi thanked them for coming and for their support, the journalists reported.

Three of the diplomats were allowed to meet Suu Kyi briefly at the conclusion of Wednesday’s proceedings. The three were the Ambassador of Singapore, who is doyen of the diplomatic corps in Burma, and senior Russian and Thai diplomats.

A British diplomat, requesting anonymity, told The Irrawaddy that the Russian ambassador had been invited because his country is currently president of the UN Security Council, while Thailand has the chairmanship of the Association of Southeast Asian Nations (Asean).

Britain’s ambassador, Mark Canning, said the court displayed all the customary legal “paraphernalia,” but he doubted whether Suu Kyi would receive a fair trial. “I think this is a story where the conclusion is already scripted,” he told the BBC.

Canning, who did not meet Suu Kyi, said: “She was composed, upright, crackling with energy…very much in charge of her defense team.”

One journalist said Suu Kyi had appeared “as calm as ever.”

One prosecution witness, a police official, gave evidence on Wednesday. Two women were asked by the prosecution to display Muslim clothing allegedly left at Suu Kyi’s house by the American, John William Yettaw, who is accused of illegally staying in her home.

Five Burmese journalists working for foreign news agencies, including AFP and Reuters, and five who work for local journals and magazines—Myanmar Times, Snap Shot, The Yangon Times, Popular Journal and Weekly Eleven—were permitted to attend the trial.

The five local journalists, chosen by the Burmese authorities, work for publications that have a close working relationship with the Information Ministry.

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By ARKAR MOE

East Timor President Jose Ramos-Horta and the Burma Lawyers’ Council have announced they are ready to appeal to the International Criminal Court (ICC) to charge Snr-Gen Than Shwe with criminal acts.

The ICC was established in 2002 as a permanent international tribunal to prosecute individuals for genocide, crimes against humanity and war crimes. The court’s Pre-Trial Chamber can authorize its Prosecutor’s Office to open an investigation on the basis of information received from outside sources.

Ramos-Horta, a Nobel Peace Prize laureate, said he would appeal to the ICC to investigate Burma’s ruling junta if it fails to free Aung San Suu Kyi, who was arrested last week and is standing trial on what many say are trumped up charges.

The Burma Lawyers’ Council (BLC) said on Saturday it will seek to restore the rule of law to Burma by asking the ICC to launch an investigation into human rights abuses and violations of international law in Burma.

Nan Shan Hpound, a team leader of the BLC Working Team for the International Criminal Court, told The Irrawaddy, "Now we are gathering evidence and collating information on how to prosecute the military generals in the International Criminal Court.”

Ramos-Horta said he will urge the Office of the Prosecutor of the ICC to investigate and prosecute Sen-Gen Than Shwe and other responsible leaders of the State Peace and Development Council for crimes committed under their leadership.

The ICC has jurisdiction to investigate and prosecute crimes which have been committed or are being committed if a given state’s judicial system is unable or unwilling to investigate and take legal action to ensure justice.

Aung San Suu Kyi, who is now being tried for violation of her house arrest, is being detained under the State Protection Law of 1975. The government is permitted to detain her for five years under that law. Contrary to law, they have already held her in detention for almost six years.

The Women’s League of Burma (WLB) said it also supports a move to appeal to the ICC and called for the international community to join in referring Snr-Gen Than Shwe and others to the ICC.

Lway Aye Nang, the general-secretary of the WLB, told The Irrawaddy, "The time has come to say enough is enough. The United Nations should invoke its responsibility-to-protect mechanism and establish a commission of inquiry to investigate crimes against humanity in Burma. The Burmese military ignores all international laws and uses rape as a weapon of war. Snr-Gen Than Shwe is a real criminal.”

International condemnation against the Burmese military government has increased as a result of its recent arrest and prosecution of Suu Kyi, who faces a five-year prison sentence if she is found guilty of violating the terms of her house arrest. She has been under house arrest for 13 of the past 19 years.

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By AUNG ZAW

World attention is focused on Rangoon and the trial there of Burmese opposition leader Aung San Suu Kyi and a man who appears to be responsible for her appearance in court—the American intruder John W Yettaw.

Exiled Burmese and Suu Kyi’s colleagues accuse Yettaw of recklessness and plain stupidity. Suu Kyi’s lawyer has called the American a fool.

Yettaw is by no means the only fool in this bizarre affair, however. Consider for a moment the question: who is behind the affair, and why did junta leader Snr-Gen Than Shwe dare to go this far?

Than Shwe, it must be remembered, was implicated in the Depayin massacre in 2003, when Suu Kyi’s motorcade was attacked by pro-regime thugs. In September 2007, he was again implicated in the killing of monks and activists who peacefully took to the streets.

The September crackdown and subsequent arrests could not have occurred without Than Shwe’s approval.

Under Than Shwe’s command, Burmese Army forces have been guilty of countless crimes against ethnic minorities. The reports of forced labor, conscription, extortion, torture and other human rights abuses are endless.

On this record, Than Shwe is the one who should now be standing trial.

Than Shwe commits his crimes with impunity, in the knowledge that previous protests quickly die away. The former psychological warfare officer knows how to manipulate international opinion and is fully aware of the meaning of global hypocrisy.

Perhaps Than Shwe anticipated the short-lived outcry and outrage that greeted his action against Suu Kyi. He was confident he could get away with the preposterous charge that has now been brought against her—knowing that his confidence could be placed in a company of fools and idiots.

They include hypocritical leaders in the West and Asia and officials sitting comfortably in their UN offices in New York. They acted swiftly, trotting out their customary condemnation of the regime—like so many times in the past.

These people—not just Yettaw—should be nailed. The UN “special envoys,” including Ibrahim Gambari, even UN Secretary General Ban Ki-moon himself, all those who put their name to statements hailing Burma’s “progress” and calling for a “new page” of national reconciliation to be turned.

When these crackpots take the podium, don’t they consider consequences of what they say?

Nail, too, their “partners in crime,” who insisted all along that the generals were just misunderstood men who were willing to cooperate with the international community. These misguided experts, scholars, diplomats and apologists—where are they hiding now?

Until Suu Kyi’s arraignment in the prison court, they had been loud enough, defending the regime’s human rights record and belittling Suu Kyi and her movement.

The question of Suu Kyi’s relevance in Burmese politics crops up constantly in discussions I participate in. Perhaps Than Shwe has now shown those who doubt Suu Kyi’s relevance that she remains a force to be reckoned with. Ironically, Than Shwe has caused them to lose face, as they can no longer even justify a policy of engagement.

We have no shortage of fools—not only activists but also some diplomats, government officials and self-appointed experts on Burma. They talk nonsense on Burma—a western ambassador recently told me: “You’ll all be going home after the 2010 election.” What naïve rubbish!

Instead of writing an open letter to Suu Kyi, British Prime Minister Gordon Brown would do better to address large oil companies like US-based Chevron, French Total, Malaysia’s Petronas and South Korea's Daewoo International Corp, which do so much to prop up Than Shwe and his regime.

US President Barack Obama and French President Nicolas Sarkozy could offer moral support by wiring letters to the leaders of China, India, Russia and Thailand, countries which are among the principal backers of the regime.

The truth is that Than Shwe is still in the driver’s seat. Asean, the UN, China, and the rest of the world are again just reacting to Than Shwe’s latest dirty trick. All the statements of support for Suu Kyi and condemnation of her tormentors will soon evaporate into thin air. Global outrage will then turn into global hypocrisy.

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By WAI MOE

KUALA LUMPUR —Thailand announced a statement as chair of Asean on Tuesday that expressed grave concern over the arrest and trial of Aung San Suu Kyi. As Asean chair, it said that it was ready to play a mediation role in Burma’s “national reconciliation process” and a “peaceful transition to democracy” in the country.

But, the arrest and trial of Aung San Suu Kyi, coupled with the international outrage in the West, has clearly put Asean’s human rights charter in the spotlight, which is now undergoing its first major test. Its response appears to be a carbon copy of its reactions and statements prior to its creation of a human rights charter.

So far only Indonesia, the Philippines, Singapore and Thailand have expressed their concern over Burma’s worsening political situation in recent weeks. Another founding member country, Malaysia, and other four countries including the next Asean chair, Vietnam, have remained silent.

Analysts agree that Burma continues to be an embarrassment for Asean. As a member country, shouldn’t Burma abide by the intent of Asean’s human rights charter, and, if it doesn’t, what should be the consequences?

A Thai member of parliament, Kraisak Choonhavan, told reporters at the Foreign Correspondent Club of Thailand on May 15 that the junta’s current action is totally against the Asean Charter.

Many think the Burmese military regime is in violation of article 14 of the Asean Human Rights Body (AHRB). A draft of the forthcoming AHRB states that one of purposes of the human rights body is to promote and protect human rights and fundamental freedoms of the people of Asean.

Thitinan Pongsuhirak, the director of the Institute of Security and International Studies at Chulalongkorn University in Bangkok, said that Burma’s 2010 election is a violation of the Asean Charter because it is not a free and fair democratic election, but a rigged process to establish the regime as “legitimate.”

Since military-ruled Burma became a member of Asean in 1997, it has been a contentious issue for Asean, which is often forced to equivocate and haul out its oft-mentioned “non-interference policy” in internal matters of member states. The European Union and the United States are strong critics of Burma’s absolute lack of human rights and rule of law.

The Asia Europe Meeting (ASEM) had been postponed several times because of Burmese issues and the EU’s common position on the country, which bans EU visas for officials of the Burmese junta and official visits of EU officials to Burma.

On Monday, Suu Kyi’s first day of trial, EU foreign ministers discussed the Burma issue in Brussels. After the meeting, ministers denounced the Suu Kyi trial and called for Burma’s neighbors to push the junta for positive change in the country. It also warned of further sanctions against Burma.

Czech President Václav Klaus will chair the EU-China Summit in Prague on May 20. At the meeting, the EU is expected to bring up Burma with its Chinese counterpart. Recently, China modified its Burma policy to include the principle of stability, development and national reconciliation.

ASEM foreign ministers and Asean foreign ministers will meet in Hanoi on May 22-25 to discuss bilateral issues between the two groupings. EU ministers have said they will raise the Burma issue when they are in Hanoi.

However, Asean, now celebrating its 40th anniversary, will avoid taking a critical stand, citing its core principle of non-interference in the internal affairs of member countries.

The principle is enshrined in article 2 of the Asean Charter, which critics say effectively makes the Asian grouping toothless in terms of human rights issues.

By 2015, the Asean goal is full integration of all 10-member nations under an EU- style single market region.

Commenting on Asean integration, Latheefa Koya, a leading human rights advocate, said many Asean countries still lack a democratic civil society and an independent press.

Asean’s integration motto is: “One Vision, one Identity, one Community.” How that will accommodate human rights abuses is anyone’s guess.

Some observers note the motto’s similarity to the Burmese military regime’s motto of “One Blood, one Voice, one Command.”

This story was written under a 2009 Southeast Asian Press Alliance Fellowship.

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By THE ASSOCIATED PRESS

RANGOON — Burma's military regime appeared to be rushing through the trial of democracy leader Aung San Suu Kyi.
Suu Kyi, who has been in detention without trial for more than 13 of the past 19 years, is accused of violating the terms of her house arrest by allowing a visitor to stay at her home without official permission. The offense is punishable by up to five years' imprisonment.

She is standing trial with two female members of her party who live with her, and John W. Yettaw, the American man who triggered the charges by swimming to Suu Kyi's property under the cover of darkness earlier this month and sneaking uninvited into her home.

Suu Kyi had been scheduled to be freed May 27 after six consecutive years under house arrest. The charges against her are widely seen as a pretext for her to stay in detention during polls scheduled for next year—the culmination of the junta's "roadmap to democracy," which has been criticized as a fig leaf for continued military rule.

Burma has been under military rule since 1962. It last held an election in 1990, but the junta refused to honor the results after a landslide victory by Suu Kyi's National League for Democracy party.

Nyan Win, a party spokesman and one of her four lawyers, said five of the prosecution's 22 scheduled witnesses testified Tuesday.

"Now it is very clear that they are trying to speed up the trial," he told reporters at party headquarters. "If it goes on at this rate, it could even be over by next week."

Asked what the motive might be for speeding up the trial, he said "They must have their plans, though I don't know." Nyan Win had speculated Monday that the trial could last up to three months.

Suu Kyi's arrest last week reignited criticism of Burma's military rulers and led to renewed calls by world leaders for her immediate release.

US State Department spokesman Ian Kelly said the charges against Suu Kyi were "unjustified" and called for her unconditional release and that of more than 2,100 other political prisoners.

Suu Kyi's arrest could well derail a "softer" approach that the Obama administration had been searching for to replace sanctions and other get-tough policies that have done nothing to divert the junta's iron-fisted rule.

China, which as Burma's closest ally probably has the most influence with its ruling generals, has shown no signs it will exert pressure on Burmese military government.

"Myanmar's [Burma's] issue should be decided by the Myanmar people," Foreign Ministry spokesman Ma Zhaoxu said at a regular news briefing. "We hope that the relevant parties in Myanmar could realize reconciliation, stability and development through dialogue."

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