Pleading Not Guilty In Insein
"there is essentially no freedom of thought, opinion, expression or association in Myanmar. The absolute power of SLORC is exercised to silence opposition and penalize those holding dissenting views or beliefs."
Judge Rajsoomer Lallah
United Nations Special Rapporteur of the Commission on Human Rights

 

PREFACE
This report is about human courage and dignity. In face of the most stringent deprivation and under the harshest duress, man can stand up and show that there is still one freedom that can't be taken away: the freedom to choose how to respond to the situation. The political prisoners of Insein could have chosen to bow to the use of force. Their spirit could have been broken by torture and solitary confinement. But instead, they have chosen to respond with calmness and nobility. Not only have they pleaded not guilty to the trumped up charges of the SLORC, they spoken out in their defense, defending their basic human rights and dignity and denouncing the unfair trail.

The report is an authentic document and in a sense a SLORC official document. It shows the perception and the standard used by the SLORC in as far as human rights are concerned. Writing, reading, drawing pictures, listening to radio programmes, communicating and other basic freedoms of expression are considered an offense liable to long years of imprisonment and hard labor.

As we read through this report, we can imagine the conditions of life in the infamous Insein prison. The image which came to my mind is one of a medieval goal. Only the instruments of torture may be different but the disregard of human life and the arbitrariness remain the same. This regime advocates law and order but there is only a farcical rule of law as SLORC governs by their own decrees and controls the courts of justice. This report confirms there is only a semblance of court proceedings, for no mater how weak the accusation, how valiant and accurate the defense, the sentence could have been written in advance. The courts of justice bow again to the higher raison d'etat which in this case is the survival of the regime.

The situation in Burma is a challenge to the world community. There are people who want to accommodate the SLORC saying that business is business and what SLORC does or how much people suffered is their own business. This attitude of condoning atrocities is self-centered and may result in short-term gain at the expense of longer-term dignified relationship. The unconditional admission of SLORC as full mumber of ASEAN is an example of such an attitude. The SLORC would like to used ASEAN as a gate way towards international legitimacy. As a member of ASEAN it would sit at the same table as respectable world leaders, and its generals would walk on red carpet alongside heads of states reviewing the truth of honour. But what honour would they have as long as they persist in the suppression of the people.

There must be tangible improvement in human rights and democracy in Burma before it becomes a member of ASEAN. In concrete terms, the high-handed national convention should be replaced by a genuine one where the SLORC, the democratic opposition and the ethnic nationalities can start negotiations on the basis of mutual respect with the aims of achieving union and reconciliation. ASEAN could demand such tripartite negotiations begin in exchange for the SLORC's admission into the group. In other words, ASEAN governments should be firm in winning concrete concessions from the SLORC of else there should be no deal.

Unfortunately, some ASEAN governments seem to partially espouse the SLORC's view that puts human rights on for the sake of security, economic growth or the like. Democracy and good governance are not achieved at the expense of exclusion of the maintenance of the rule of law or economic progress. The exclusivity of on against the further only reflects the shortcomings of the present group of leaders. If some ASEAN governments can change their attitude on this matter they will be in a better position to influence positive change in Burma. Then the admission of Burma into ASEAN will reflect the spirit of amity and interdependence.

The 22 defendants who pleaded not guilty in Insein are suffering in their struggle for what they believe. Today, they may be reviled by the SLORC, but tomorrow their deeds will be remembered. Today, some of us may already show our gratitude and recognition of their sacrifice. We may learn from their experiences. It would be a poor excuse to say that we cannot act to defend human rights as they did because we are afraid. The SLORC punishes them as an example to show what may happen to those who oppose it. It wants to creat a culture of fear. To counter this, we may invoke a quote from Aung San Suu Kyi:

"A people who would build a nation in which strong democratic institutions are firmly established as a grantee against state induced power must first learn to liberate their own minds from apathy and fear…If we want democracy, we need to show courage…the courage to do what one knows is right even if one is afraid."

This report is homage to the 22 defendants who have the courage and integrity to do what they know is right. May they be an inspiration for us. With that inspiration we should redouble to efforts to assure the release of all political prisoners in Burma.

 

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