Tuesday, August 18, 2009

Chairman of the State Peace and Development Council issues directive dated 10 August 2009 for Ministry of Home Affairs stating upon Court pronouncing sentence to Daw Aung San Suu Kyi, sentence to be served by her under Criminal Procedure Code be amended to be remitted and suspended if she displays good conduct and pardon be granted accordingly

The Chairman of the State Peace and Development Council issued a directive dated 10 August 2009 for the Ministry of Home Affairs stating upon the Court pronouncing sentence to Daw Aung San Suu Kyi, the sentence to be served by her under the Criminal Procedure Code be amended to be remitted and suspended if she displays good conduct and pardon be granted accordingly. The full text of the directive is as follows:

Union of Myanmar
Office of the Chairman of
the State Peace and Development Council

Letter No 04/NaYaKa (Oo)/La Nga Hka
Dated 10th August 2009


To:
The Minister,

Ministry of Home Affairs.

Subject: Upon the Court pronouncing sentence to Daw Aung San Suu Kyi (father U Aung San) the sentence to be served by her under the Criminal Procedure be amended to be remitted and suspensed if she displays good conduct and pardon be granted accordingly.

1. The Northern District Court of the Yangon Division by Criminal Regular Trial 47/2009 in accordance with the Law Safeguarding the State Against the Danger of Subversive Elements, Section 22 instituted the case for breach of provision against Daw Aung San Suu Kyi (father U Aung San) unavoidably by responsible persons, and the State Peace and Development Council is aggrieved at the said action.

2. However, for the sake of the rule of Law, judicial proceedings justly made in accordance with existing law shall be respected and abided by all citizens.

3. Daw Aung San Suu Kyi, being the daughter of Bogyoke Aung San who sacrificed his life for the independence of Myanmar, viewing that peace, tranquility and stability will prevail, that no malice be held against each other, that there be no obstruction in the path to democracy, the Chairman of the State Peace and Development Council desires within the ambits of his rights and powers to exercise leniency upon her.

4. Thus upon the Court finding Daw Aung San Suu Kyi guilty to have committed the offence pronounced sentence accordingly. Whatsoever sentence be pronounced, it is amended under Criminal Procedure Code Section 401, Sub-Section (5) that the half of the sentence to be served is remitted and the remainder of the sentence is to be suspended.

5. During the period of suspended sentence, in paragraph 4, Daw Aung San Suu Kyi shall reside in her residence, No 54/56 University Avenue, Shwetaunggyar Quarters No. 1, Bahan Township, in accordance with the annexed stipulations.

6. It is informed that should Daw Aung San Suu Kyi abide in accordance with the annexed stipulations in good conduct during the suspended period and not exceeding such period, all suspended sentences shall be pardoned.
Chairman
State Peace and Development Council

Under the directive of the Chairman of the State Peace and Development Council, the Ministry of Home Affairs issued an order dated 10 August and informed Daw Aung San Suu Kyi of the order and read it to her.


The first step of a long journey

Senator Mr Jim Webb, Chairman of the East Asian and Pacific Affairs Subcommittee of the US
Senate Foreign Relations Committee has just completed his visit to Myanmar. Mr Yettaw went along with Mr Jim Webb to be home. The Senator’s tour of Myanmar was welcomed and recognized both locally and globally as a successful visit that helps deepen the relations between the US and Myanmar and reflects Myanmar’s magnanimity and consideration.

During his visit to Myanmar, Mr Jim Webb met Head of State Senior General Than Shwe and also with the Prime Minister and the Foreign Affairs Minister and exchanged views. Moreover, he held meetings with the State Constitution Drafting Commission,social organizations, national race armed groups that have returned to the legal fold, and officially
registered political parties. He also had talks with Daw Aung San Suu Kyi. The meetings indicated that the government cooperated in all seriousness with Mr Jim Webb in his mission.

International media praised Mr Jim Webb for the good job for his compatriot Mr Yettaw. At his call on the Head of State, Mr Jim Webb made two requests: to release Mr Yettaw who was punished for his violation of Myanmar law, and to let him meet Daw Aung San Suu Kyi.

Mr Jim Webb said that Mr Yettaw committed a serious crime according to the Myanmar law, so he did not want to ask a pardon; that however he requested that the government release Mr Yettaw from the social grounds; that the Myanmar government fulfilled his request with goodwill from the humanitarian grounds in the framework of the law; and that so Mr Yettaw had reunited with his family.

In my opinion, Mr Yettaw was found guilty, but the case was worthy of consideration due to his bad health conditions. According to the clarification the chief of the Myanmar Police Force made at the press conference recently, he was in serious condition owing to the fact that he did not have meals for months. The government provided health care to him, spending a lot of
money. At the requests of Mr Jim Webb and the US Embassy in Myanmar, the government issued an order on humanitarian grounds to commute half of the US citizen Mr Yettaw’s seven years’ prison term and suspend the remaining prison term and to deport him for his health and future and as a gesture of considering relations between the US and Myanmar. Now, he has
left Myanmar together with Mr Jim Webb.

After the order was read, Mr Yettaw and his 13 belongings and 17 kinds of medicine were handed over to the US consul. It was made known to Mr Yettaw that according to the order, he will have to serve the suspended term alongside a three years’ term under the Immigration Law if he enters Myanmar illegally again. The order depicts that the nation has an upright judicial pillar based on humanitarianism and magnanimity.

Some foreign media expressed the government’s permission to Mr Jim Webb to meet Daw Aung San Suu Kyi in his visit to Myanmar as a significant fulfilment. Their expression implicitly pointed out that the United Nations Secretary-General on his visit to Myanmar was not allowed to meet with her, because they do not notice the difference between the two situations. While the UNSG was on a visit, Daw Aung San Suu Kyi was still on trial at the court for her case and she was under the jurisdiction of the court. Now, the trial is over and she has been permitted to live in her residence under the suspended sentence. That means the government no longer needs to seek the approval of the court concerned to arrange a meeting between Mr Jim Webb and her. So, it is required of those foreign media to view the two different situations.

Being a member of the United Nations, Myanmar has been cooperating constantly with the international organization, and it will keep on cooperating actively with it. Myanmar recognizes and appreciates the good offices and efforts of the UN Secretary-General, but it did not attend to his request because of unusual situations and time. I wish those foreign media would realize that.

Furthermore, Myanmar is a member of the global family, and has positive attitude to cooperate with all other members in a friendly way. Myanmar deals friendly and equally with other countries in line with the Five Principles of Peaceful Coexistence. In viewing the international affairs, Myanmar does not have any discrimination against or in favour of any particular countries. On Mr Jim Webb’s visit, Myanmar enthusiastically cooperated with him because of its stance to deepen the bilateral relations and relieve the disagreements between the two countries, not because of his mother country, a superpower. If any other country is in place of the US, Myanmar’s stance will remain unchanged in that regard.

Mr Jim Webb issued a statement thanking the Myanmar government for its moves as a gesture of taking heed of relations between the two countries with correct vision. He said both the countries hoped to use the Myanmar government’s new moves as ways of building bilateral confidence and amity. At a press conference before leaving Yangon Airport, Mr Jim Webb revealed that he thanked the top leaders of the government for allowing him to meet them. His visit would help promote mutual understanding between the US and Myanmar and hold working discussions.The 2010 election needed to be free and fair and it was hoped that it would be so. Mr Jim Webb added that he was able to discuss how to overcome existing obstaobstacles
so that Myanmar’s political process acheiving its goal. He hoped that the relations between the US and Myanmar would continue to improve. He had already believed that the barriers to building amity between the two countries would be overcome some time. With a view to mending the bilateral relations, he would hold discussions based on his visit to Myanmar with the US administration and Secretary of State Hilary Clinton.

In response to a reporter’s question, Mr Jim Webb said he supposed that conventional economic sanctions against Myanmar would not yield any benefits. In reality, he was the one who opposed the economic sanctions against Myanmar. He pointed out that a negotiation through diplomatic channel was necessary in order to lift the sanctions against Myanmar gradually. But we had learnt before his visit that a spokesperson of a big opposition party
said that they could not recognize Mr Jim Webb, who opposed the economic sanctions against Myanmar, as a politician who should be welcomed and that they were indifferent to his visit as it could not be democratically beneficial.

Even an influential US senator opposes the economic sanctions against our country but it is found that anti-government Myanmar groups are demanding further economic sanctions to get their own country into trouble. They are indeed quislings. It was said that recently, the EU included more persons and organizations in the list of the economic sanctions against Myanmar. Those persons and organizations have been banned from entering the EU countries and their assets will be frozen. To make matters worse, Nwe Aung, a so-called activist of Myanmar affairs in Europe, made a shameful remark. He said they had demanded legal staff as well as insurance services and marine products should be banned. But they had not been in time to ban them. Even though the EU sanctions worked to a certain
degree, they were not satisfied with that, he said. Actually, they did not do a single thing to serve the interests of their own country and people but have been sticking to destructive acts. Their attitude and acts are so mean. If they still regard themselves as Myanmar nationals, they should not be that disloyal to their own country and people. Even a senator from a foreign country shows goodwill towards the Myanmar people. If so, Myanmar people should show more goodwill
and repay the gratitude of the State.

The US government has issued a statement welcoming the visit of Mr Jim Webb and his success. Internal and external media also remarked that Mr Jim Webb was the first person as a US top official who was allowed to meet the leader of Myanmar. His visit was more successful than expected due to the positive responses of the Myanmar government.

Looking from our side, the government has been able to show positive and friendly attitude in the area of international relations. It has also been able to show respect for humanitarianism and human rights. Moreover, it has respected the rule of law and could make a fair and right legal decision. And this must be recognized. All in all, I believe that the visit of Mr Jim Webb is a success for both sides as well as the first step to promotion of the relations between the two
countries. Indeed, it is the first step towards marching to a 1000-mile destination.