Junta Paper 29.July
published a list of types of contempt of court, saying that Suu Kyi's National League for Democracy had made "political profit" from the internationally condemned case.
"Please read the above three points on contempt of court carefully. There should be no prediction that who is guilty or who is not guilty until the court passes the judgment," the editorial said.
Junta Paper 29.July
published a list of types of contempt of court, saying that Suu Kyi's National League for Democracy had made "political profit" from the internationally condemned case.
"Please read the above three points on contempt of court carefully. There should be no prediction that who is guilty or who is not guilty until the court passes the judgment," the editorial said.
Junta Paper 29.July
published a list of types of contempt of court, saying that Suu Kyi's National League for Democracy had made "political profit" from the internationally condemned case.
"Please read the above three points on contempt of court carefully. There should be no prediction that who is guilty or who is not guilty until the court passes the judgment," the editorial said.
8 THE NEW LIGHT OF MYANMAR Wednesday, 29 July, 2009
If the law is breached …
U Myo Myint (Law) Every independent country has their sovereignty. children. However, wills are not legal in Buddhism. State Against the Dangers of Those Desiring to Cause They can freely exercise legislative power, executive After the rule of the British colonialists, Myanmar Subversive Acts. Then, Detention Order was issued power and judicial power for their interest. made amendments to the laws, judicial systems and under Article 10 (A), Restriction Order under Article Myanmar is an independent, sovereign country bureaucracy administrative machinery patterns pre- 10 (B) / 11, and Continued Restriction Order under with the rights to formulate and prescribe appropriate scribed by the British colonialists. In the colonial days, Article 13 / 14 of the Law, and she was kept to stay laws, and to form a government with suitable admin- even Myanmar elders at the age of over 70 had to kow- inside the house. She was allowed to do the cooking, istrative machinery. It also has its own judicial sys- tow and answer ‘Phayar’ (respectful form of address and to receive medical treatment. tem and judicial organs. towards monks and loyalty) to British judges who were Yettaw entered Daw Suu Kyi’s house through the About 200 world countries have different geo- at the age of around 30 while the cases were in progress. back door of the fence by swimming across the Inya graphical features, climates, races, traditions, cul- In the Myanmar judicial system, the accused have the Lake in the dark. If the motive of leaving two chadors tures, languages, literatures, religious faiths, cos- rights to defend themselves from the lawsuits, give and some stuff by Yettaw was to be exposed, it would tumes and historical backgrounds. However, they arguments and appeal. Except some cases to be heard become an exciting Hollywood movie. We would be share same goals in writing and enacting necessary in closed rooms in special tribunals, all cases are heard likely to see a thriller in which the actress escapes in laws for restoration of State stability and community in public. Unusual punishments designed to tarnish the disguise. peace, public security and development; forming dignity of the accused (such as a thief with a signboard His first intrusion can even be said to violate governments capable of leading the countries con- saying ‘Thief’ hung on his neck has to shout “I’m a the law. He intruded the second time. Daw Suu Kyi cerned, and operating courts to enforce the laws. thief” every time he is struck with a rod) are not handed received the intruder for two nights and provided All the countries such as the United States of down. Any of the law shall not be applied with retro- him with meals, a room and longyis. He was even America, United Kingdom, France, China, the Rus- spective effect to make a verdict. The case is to be nursed as he got cramp in his legs. She received the sian Federation, India, Korea, Australia, Germany, heard in accordance with the law that exists when the intruder although she could shout to security Saudi Arabia and Kuwait, etc. have their govern- accused commit crimes. guards for help. Although the house and com- ments, but each government has different formation In many western countries including the US, a pound are regarded as restricted areas by law, one from that of others. They practise their laws as neces- large number of cases are heard secretly behind closed intruded and the other accepted. Doesn’t it violate sary. They have courts to hear cases in accordance doors. In Myanmar, some cases were heard by special the law? It can be questionable whether these are with the laws concerned. Criminals and offenders are tribunals (the people were not allowed to listen to the democratization activities. not privileged. Such people are arrested by the police, judicial proceedings) in the times of the British Fearing that the public would be realizing the true charged, and put on trial. So, all countries accept colonialists, the AFPFL government, and the revolu- situation, internal and external anti-government groups sayings such as “No man is above the law”, and tionary government. For instance, murder case in shouted that Yettaw’s being able to enter the com- “Ignorance of law is no excuse”. Hsinswe Village by Thakin Soe and the treason breached pound was due to poor security and that they were In hearing a case in United Kingdom, five or six by Ohn Kyaw Myint and party were heard under the worried about her security. They shouted almost every ordinary people without much knowledge of the law guard of heavy security force at the hall (training hall) day. They hid what they wanted to conceal from the are invited to form a jury such as shopkeeper, barber, of Insein Jail. public on security grounds. On the night of 3 May shoemaker and housewife. And they are requested to Both in other countries and in Myanmar, important Yettaw swam with the help of drinking water plastic listen to the details of the statements and arguments cases are heard in specific halls because unscrupulous containers through the culvert box near the Korean with a sense of social etiquette. The real judge sits persons in disguise of ordinary people listening to the Embassy not far from Daw Suu Kyi’s house. The route among them, but does not get involved in hearing the legal proceedings can disrupt the hearing of the case, was not far. But he got cramp in his legs and Daw Suu case. He explains the nature and development of the try to grab or kill the accused to prevent from providing Kyi had to nurse him for two days. It was strange that case and facts about the law to them. He does not evidences. he did not get any cramp in his legs on his way back make a verdict, either. The jury members have to cast The core of the Myanmar judicial system is the law even though he had to swim diagonally across the Inya votes to decide if the accused is guilty or not. The and whether the accused is found guilty or not, without Lake to nearly reach IBC and the residence of the US judge reads out the verdict based on their decision in discrimination on the grounds of colour, race or status. diplomat. Anyhow, if there is a criminal case, just face court. In many cases in the US, prison term is sentenced to the charges in accord with the law. The US’s jury system is based on British judicial Blacks (Negroes) not to the Whites although they are Now, the NLD inside the country started to system. Throughout the colonial period, British colo- the same, offenders; woman culprits are asked to walk make political profit taking advantage of the case. nies including Myanmar used juries to hear cases in with bare foots and with iron fetters in public. In Abu Again, there have been external interferences. line with the British judicial system. After they re- Ghraib Prison in Iraq and Guantanamo Prison of the Every country prescribes the Act of Contempt of gained independence, they laid down and practise US Navy in Cuba Island, and CIA’s secret prisons in Court. The aim is to protect the courts in order own judicial systems, in place of the jury system. Europe, prisoners are interrogated inhumanly. that they can address legal issues in a fair and just World countries have different laws, governments Myanmar does not practise such inhuman methods. way. There is contempt of court act in Myanmar. and judicial systems on the grounds of different Certain radio stations in the West and other media There are three types of contempt of court. peoples, cultures and religious faiths. where expatriates are given places are constantly criti- (a) Inclusive are defamation of the court, criti- In Myanmar, according to the Myanmar cus- cizing Myanmar’s judicial system and law with bias cism of the court to harm its dignity, present- tomary law, the people have the vested right, under towards the accused. ing wrong facts about the trial in progress which a citizen can be vested with the possessions if It is the case that US citizen Mr John William before the judge, satirical writings about the other spouse dies, and the children are vested with Yettaw secretly entered the compound of Daw Aung judge and accusations against the court that it the belongings if their parents die. That is in con- San Suu Kyi’s house through the door on the side of will not be able to pass sound judgment. formity with the Myanmar lifestyle, the nature and Inya Lake on the night of 3 May 2009, and left the (b) Inclusive are disturbing of the court activity, religious faith of the people. In Christianity, heads house on 5 May night, swimming across the lake. taking photos of the trial in progress without of families, fathers and husbands make wills to Then, he was arrested by security members in the lake. any permission of the court and presenting the leave their money and property to be given as they In the arrest, responsible persons inspected his photo of the defendant before the court in the wish. Their wives and children are not vested their belongings. He also entered the house of Daw Suu Kyi case in which there is a problem of whether money and property automatically. In some wills, in November 2008. In fact, Daw Suu Kyi was already the face of the defendant is recognized or not. certain amount of money and property is given to restricted under Article (7) of the Law to Safeguard the (See page 9) drivers, housemaids and nurses who they think to be loyal to them, and the remaining money and prop- erty are to be donated to a particular organization, Threatening and unnecessarily attempting to influ- instead of giving parts of their money and property ence the trial should be avoided. Anyone should not be to their wives and children. In some Myanmar movies and novels, Buddhist involved in such acts as favouring the defendant, favour- fathers make wills under which certain amounts of money and property are given to their wives and ing the plaintiff and using influence.
29-7-09 NL 8 8/9/18, 9:23 AM
THE NEW LIGHT OF MYANMAR Wednesday, 29 July, 2009 9
If the law is breached …
U Myo Myint (Law) (from page 8) prisoners including Daw Suu Kyi are to be released. a doctor at Namkham Hospital and doing missionary (c) Inclusive are biased writings about the trial Please read the above three points on contempt of works, for his persuasion of Kachin army officer Naw in progress, writings about which side will court carefully. There should be no prediction that Sai to go underground. At that time, the Time magazine win or lose in that trial, predicted writings who is guilty or who is not guilty until the court criticized the Myanmar judiciary system saying about the possibility of the defendant’s passes the judgment. It is not possible to say that whether the judges of the Supreme Court understood conviction and writings about tendency to one is not to be arrested or convicted as he is from the law. Now there are also criticisms. Seagraves got give instructions to the judgment of the a political party or a politician regardless of the only a light sentence and in prison for six months. He judge. crime he has committed. No man is above the law. was ordered not to go back to Namkham. There have been some people against whom Crime does not pay. Everyone who breaches the If right judiciary system is desired, don’t action was taken for their writings about court trials in law shall face a lawsuit and obey the court decision. commit contempt of court. Follow the court newspapers that led to contempt of court. We have Only then, will there be the rule of law and decision as a member of the civilized society. often seen sketches in newspapers as the judge did not community peace and tranquility. If politicians Threatening and unnecessarily attempting to approve of taking photos of some trials in the US and a certain party members who are in prison for influence the trial should be avoided. Anyone courts. We have also seen that those who disturbed their offences are to be released as political prisoners, should not be involved in such acts as favouring the trials were thrown out of the courts by the police. criminals who are in prison for their offences such the defendant, favouring the plaintiff and using At the time when the trial against Daw Suu as theft, robbery and murder will apply for party influence. We have already taken lessons from the Kyi, Yettaw, Daw Khin Khin Win and Ma Win Ma membership, wear party brooches and demand four 8’s unrest with anarchy reigning such as Ma is taking place in accord with the law, anyone their release. lootings, beheadings and lawlessness. Respect the should not say unnecessarily that Daw Suu Kyi is The AFPFL government held a trial against an law and feel safe. guilty. Anyone should not say that all political American spy, Gordon Seagraves who was serving as Translation: MS+ST
UN Under-Secretary-General calls on A & I Minister
NAY PYI TAW, 28 July Agriculture and Irrigation were officials from the — UN Under-Secretary- Maj-Gen Htay Oo at the departments and General and Executive ministry here yesterday. enterprises under the Secretary of the Economic Also present at the call ministry. —MNA and Social Commission for Asia and the Pacific Minister Maj-Gen Htay Oo receives UN Dr Noeleen Heyzer called Under-Secretary-General Dr Noeleen on Minister for Heyzer. — MNA
UN official meets CSSTB Chairman
NAY PYI TAW, 28 July At the meeting, they Also present were — Chairman of Civil discussed matters on Members of CSSTB U Service Selection and selection and training of Aung Myint and U Hla Training Board U Kyaw civil service personnel by Myint Oo, the directors- Thu received UN Under- CSSTB, training for general of the Secretary-General and instructors of the CSSTB, departments under the Executive Secretary- cooperation of the ASEAN CSSTB, Resident Re- General of the Economic Human Resource Central presentative of UNICEF and Social Commission Department and to Myanmar and acting for Asia and the Pacific cooperation for service UN coordinator Mr Dr Noeleen Heyzer and personnel affairs between Ramesh Shrestha and Chairman of CSSTB U Kyaw Thu receives UN Under-Secretary- party at his office here ASEAN nations and others. General Dr Noeleen Heyzer. — MNA today. regional countries. MNA
Symposium on Tropical Cyclone Nargis and Nutrition held
YANGON, 28 July— General of Department of Measures, Dr U Kyaw Organized by National Health Dr U Win Myint Win Sein on Nutritional Nutrition Development made opening addresses. Programme in and Research Department Professor Dr U Thein PONEREPP Period with of the Ministry of Health, Aung presided over the long term preventive Myanmar Academy of symposium. Deputy measures and Coordinator Medical Science and Director of National of Nutrition Group Dr U UNICEF, Symposium on Nutrition Development Aye Thwin of UNICEF Tropical Cyclone Nargis Department Dr Daw Aye and Deputy Director of and Nutrition was held at Aye Thaw gave talks on Medical Research Medical Research Nutrition Status in Pre Department (Lower Department (Lower Nargis Period, Nutrition Myanmar) Dr. Daw Myanmar) on Ziwaka Consultant Specialist Dr Theingi Thwin on Multi- Road, here today. U Hla Kyi of UNICEF on sector Response to Director-General of the Health Department Dr U Win Myint delivers Chairman of MAMS Nutritional in Post Nargis Nutrition in PONREPP address at Symposium on Tropical Storm Nargis and Nutrition. Dr U Ko Ko and Director- Period and Corrective Period.— MNA HEALTH