Judgment under the Military Government

The current military regime has used military courts for some politicians and made summary judgments. After 1992, politicians were also sent to common courts. However, some township and division level courts conducted trials in the prison compound. The use of military courts for the politicians gradually stopped, but Burma’s judicial system has not improved or changed. The courts issue summary judgments and hand down long prison terms to those involved with political, democratic and human rights movements.

The regime issues long term sentences to stop people from taking part in these movements. It is an open secret that military intelligence personnel control these judgments behind the scenes.

Aye Aye Thin received two years imprisonment as a result of her activities in the election campaign for NLD.

“- After six months exactly, the judge sentenced us to our imprisonments. We didn’t agree (with the decision) because we received two years imprisonment each. However, the judge later let us know that the military intelligence forced him to give us the imprisonments. He also wanted us to understand his condition. What could we do? - “
(See appendix-3)

During the trial, the accused were not able to afforded legal aid.

Dr. Khin Mar Kyi recalls her experience to a radio broadcasting service. She received seven years imprisonment because she owned two books related to the democracy movement.

“- We were not tried in a proper court. There is a building in prison. They took us to this building and they just had a judge there to convict us. And they kept a lawyer. They also summoned a typist boy with a car. And they summoned us, the accused, to be seated. The military intelligence [MI] agents sat opposite the lawyers. - “
(See appendix-7)

Sometimes, the authorities consent to legal aid for the accused. However, the detainees are not allowed to meet with their family members or friends for legal aid. Family visits are not granted to the detainees before the judgment.

Aye Aye Moe, who was sentenced to seven years with hard labor for her participation in the demonstration at the funeral ceremony of the former Prime Minister U Nu, recalls her experience with legal aid as follows.

“-We were not allowed to obtain our own lawyers and were not given our legal right to defend ourselves. Our families and friends were also not allowed to be present at the court.-“
(See appendix-2)

Like Aye Aye Moe, most women arrested for their political activities do not receive legal aid or defense at the court. Military leaders and military intelligence personnel control Burma’s law making, legal and administration systems, and even when these women obtain legal aid, they are still sure to receive prison terms.

Myat Sapal Moe received a 14-year sentence for crimes she did not commit. However, when she arrived in prison she found her sentence had been increased without cause or explanation.

“-When I arrived and was first processed at Insein Prison, the prison officer told me my sentence was 21 years. When I explained that my sentence had been 14 years at the court, they told me according to their warrant my sentence was 21 years. There was nothing I could do. I was transferred to Shwebo Prison after six months, and at Shwebo my sentence was also recorded as 21 years.-”
(See appendix-11)

Myat Sapal Moe’s case illustrates the authorities’ often erroneous and capricious judgments and actions. Thi Thi Aung discusses the case of a woman also imprisoned without having committed any offense.

“-The woman I shared a cellblock with was also arrested under Article 5J, but she was just a sightseer, not an activist or participant in the demonstration. She was imprisoned as an example to the public of what happens to people who support Daw Aung San Suu Kyi- military intelligence personnel told me this.-”
(See appendix-15)