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Closing arguments in Burma trial

Poster of Aung San Suu Kyi in Seoul, South Korea - 21/6/2009

The prosecution in the military government’s trial of the Burmese pro-democracy leader, Aung San Suu Kyi, is to deliver its closing arguments.

Ms Suu Kyi faces five years in prison if she is convicted of having violated her house arrest when a American man swam to her lakeside home uninvited.

Her lawyers – who delivered their final statement on Friday – say they expect a verdict in two to three weeks.

Unusually, diplomats have been allowed into the court for this session.

Lawyers read closing arguments for the other defendants, two of Ms Suu Kyi’s housemaids and John Yettaw, the American intruder.

The prosecution may wrap up its case against Suu Kyi later on Monday, court officials said.

Poll ploy

A verdict is not expected yet, however.

"I expect all the arguments will be made today but I think the verdict might take as long as two or three weeks," said Ms Suu Kyi’s lawyer, Nyan Win.

Timeline: Aung San Suu Kyi trial

Poster of Aung San Suu Kyi in a cage, in a protest in Tokyo

The trial has been held mostly behind closed doors, but diplomats from the United States, Singapore, Australia, Japan, the Philippines and Malaysia were allowed to attend the session, one of the diplomats told reporters.

Hundreds of NLD members and supporters of Ms Suu Kyi rallied outside Insein Prison where she has been held since May. About 10 truckloads of security personnel were seen in the area.

Ms Suu Kyi, 64, has spent nearly 14 of the last 20 years in detention, much of it at her Rangoon home.

Polls are planned by the military government for some time next year. Ms Suu Kyi’s National League for Democracy won the last elections in 1988 but was never allowed to take power.

The trial, which had been expected to wrap up in days when it started, has dragged on for more than two months.

Prosecutors argue that Aung San Suu Kyi must be held responsible for the midnight swim to her home by the American well-wisher, John Yettaw, in early May.

Her lawyers have argued that the law she has been charged under is part of a constitution abolished 25 years ago.

In any case, they say, she cannot be responsible for the incident as she was living under tightly-guarded house arrest at the time.

BBC South East Asia correspondent Jonathan Head says the fact that some defence witnesses and foreign observers have been allowed shows that the government belatedly recognised the anger stirred up around the world by trying Ms Suu Kyi on such bizarre charges.

But, our correspondent adds, all the indications are that she will still be found guilty. Burma’s ruling generals fear her popularity, and do not want her to play any role in next year’s election.

Police vehicles parked near Insein Prison, Burma, 10 July


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

Aung San Suu Kyi trial delayed

Burmese pro-democracy leader says delay gives prosecution more time to prepare closing arguments in house arrest case

Burma’s jailed pro-democracy leader Aung San Suu Kyi is “absolutely dissatisfied” by the decision to adjourn her trial until Monday because it gives prosecutors more time to prepare their closing arguments, her lawyer said today.

The widely criticised proceedings had been expected to end with defence lawyers and the prosecution presenting their final arguments today.

The Nobel peace prize winner is charged with breaking the terms of her house arrest after an American man spent two nights at her compound in May.

“[She] said she was absolutely dissatisfied with the arrangement giving more time for the prosecution to prepare the argument,” said Nyan Win.

The trial was adjourned after the defence spent more than two and a half hours reading out their 30-page closing statement, according to people in the courtroom.

A diplomatic source who witnessed the hearing said Aung San Suu Kyi looked “fit, healthy and in sparkling form.

“She smiled at her defence team and was admirably composed, particularly given the length of the hearing and the humidity in the courtroom.

“At the end she went over to the diplomats present and thanked them warmly for their support.”

The 64-year-old, who has spent 14 of the past 20 years under house arrest, has denied the charges. She says she urged her uninvited guest, John Yettaw, to go home and only relented after he claimed to be feeling unwell.

Aung San Suu Kyi, who is being detained at the notorious Insein prison in the capital, Rangoon, met her lawyers for two hours yesterday to discuss their closing arguments.

“We are very optimistic because our arguments are based on solid legal points,” her lawyer told reporters.

“We have the law on our side, but we don’t know if the judges are on our side.”

The defence team says the authorities have denied them the chance to properly make their case. While the court has heard testimony from 23 prosecution witnesses, only two defence witnesses have been allowed to take the stand. Most of the trial has been conducted behind closed doors.

The defence does not deny that Yettaw visited Aung San Suu Kyi’s compound, but were expected to argue that she could not be charged under a law belonging to a constitution that was abolished 25 years ago, or held responsible for the failure of her guards to apprehend the American.

The diplomatic source said that at times it wasn’t clear which law was being used for the prosecution. “The whole thing is incoherent as well as wrong. This is an attack on her because she stands for freedom of expression and assembly.”

Two female members of Aung San Suu Kyi’s party, the National League for Democracy (NLD), are facing the same charges, while Yettaw is charged with trespassing. Lawyers will present their cases for the three on Monday before prosecutors present their closing arguments.

Yettaw swam across a lake to the heavily guarded compound using homemade flippers and water bottles as buoyancy aids. The 53-year-old Vietnam veteran said he had dreamed she was about to be assassinated and wanted to warn her.

Diplomats from France, Germany, Britain, Norway and Italy have been allowed to witness the hearing – only the third time observers have been given access to the court since the trial began on 18 May. The only journalists present were two reporters from the Burmese state media.

Aung San Suu Kyi’s supporters say the Burmese military junta is using Yettaw’s stunt as an excuse to keep her out of sight during national elections scheduled for next year.

The NLD won 80% of the vote in elections in 1990; a result ignored by the country’s military leaders.

Observers believe the court will find her guilty and impose a sentence ranging from another year of house arrest to up to five years in prison. The verdict is expected next month.

The junta appears determined to prevent her from playing any part in the elections, despite repeated international calls for her immediate and unconditional release.

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Judge adjourns Suu Kyi trial after defense rests case

The trial of Burmese pro-democracy leader Aung San Suu Kyi has been postponed until next week. The court adjourned its proceedings Friday, after the Nobel Peace laureate’s defense attorneys made their final arguments. Prosecutors are expected to make their final arguments when the trial resumes Monday.

Burma trial reaches final stages

By Jonathan Head
BBC News, Bangkok

Police vehicles parked near Insein Prison, Burma, 10 July

The trial of Burmese opposition leader Aung San Suu Kyi is reaching its final stage with the court hearing closing statements from lawyers.

Ms Suu Kyi is being tried on charges of violating the terms of her house arrest in May, after a US man evaded guards and swam to her lakeside home.

If convicted she faces up to five years in jail.

The trial has been widely condemned as a ploy to keep the Nobel Peace laureate in custody until after elections.

A general election is planned by the military government for some time next year.

This trial, which had been expected to wrap up in days when it started, has now dragged on for more than two months.

Bizarre

Unlike other political trials in Burma, the defence lawyers have had limited opportunities to make their case, and independent observers have been given occasional access to the proceedings.

Poster of Aung San Suu Kyi in Seoul, South Korea - 21/6/2009

These are all signs that the military government belatedly recognised the anger stirred up around the world by putting Aung San Suu Kyi on trial on such bizarre charges.

In its final summing up in court, the prosecution is expected to restate its argument that she must be held responsible for the midnight swim to her home by an American well-wisher in early May.

Her lawyers will argue that the law she has been charged under is part of a constitution abolished 25 years ago, and that in any case she cannot be responsible for the incident as she was living under tightly-guarded house arrest at the time.

All the indications are that she will still be found guilty – Burma’s ruling generals fear her popularity, and do not want her to play any role in the election they are planning next year.

But the international approach to Burma seems to be shifting away from reliance on the hard-line language and sanctions of recent years.

At this week’s Asian security summit in Thailand, US Secretary of State Hilary Clinton said improved ties with Washington were possible – although she stressed that Ms Suu Kyi’s release would still be an important factor in that relationship. </p


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

US piles pressure on Burma regime

The flags of nations attending the Asean conference

US officials have had a rare meeting with representatives of Burma’s regime.

Unnamed officials told reporters that efforts to improve ties depended partly on the outcome of democracy leader Aung San Suu Kyi’s trial.

The US also pressed Burma to enforce a United Nations resolution imposing an arms embargo on North Korea.

The US Secretary of State Hillary Clinton has been on the diplomatic offensive ahead of a regional meeting now under way in Thailand.

Earlier in her trip to Thailand, she issued warnings about how a nuclear North Korea was unacceptable to the United States, and expressed concerns about the possible transfer of nuclear technology from North Korea to Burma.

The wrong road

Mrs Clinton called for the release of Ms Suu Kyi from many years of detention.

"If she were released, that would open up opportunities… for my country to expand our relationship with Burma, including investments in Burma," Mrs Clinton said.

Hillary Clinton arrives in Phuket (22.7.09)

This point was reinforced in the face-to-face meeting between US and Burmese officials on Wednesday night, US officials said.

They said they had told Burma that "the outcome of the trial of Aung San Suu Kyi would affect our willingness and ability to take positive steps in our bilateral relationship".

Mrs Clinton was not present at the meeting with Burmese officials, and said she did not intend to appear at a possible meeting with North Korean officials either.

She told reporters that the US is convinced that Burma is taking the wrong road by associating with North Korea.

Mrs Clinton also told reporters that North Korea must completely and irreversibly end its nuclear weapons program or face further isolation and "the unrelenting pressure" of international sanctions.

She said there were more positive ways ahead if the North chooses, and she is expected to announce conditions in which the North will be welcomed back into international discussions later on Thursday.

Symbols matter

Meanwhile, Mrs Clinton signed a symbolically important treaty with members of Asean.

The Treaty of Amity and Co-operation binds the US more closely into the regional security architecture – something previous US administrations had fought shy of.

"I want to send a very clear message that the United States is back, that we are fully engaged and committed to our relationships in South East Asia," she said before the signing the treaty in the resort of Phuket.

Mrs Clinton’s predecessor Condoleezza Rice skipped two Asean forums, leading analysts to remark on how China was gaining friends and influencing people in the perceived US absence.

Mrs Clinton also said the Obama administration would soon appoint a permanent ambassador to Asean headquarters in Jakarta.

Asean comprises Brunei, Cambodia, Indonesia, Laos, Malaysia, Burma, the Philippines, Singapore, Thailand and Vietnam.</p


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

US ‘will repel nuclear hopefuls’

US Secretary of State Hillary Clinton

US Secretary of State Hillary Clinton says the US is prepared to bolster the defence of its Gulf allies if Iran develops a nuclear weapons programme.

Mrs Clinton said if the US extended a "defence umbrella" over the region, it was unlikely that Iran would be any stronger or safer having a weapon.

She said the US was still offering engagement to Iran but warned that the "nuclear clock was ticking".

She spoke in Thailand where she is attending a regional summit.

Expulsion option

Foreign ministers from the Association of South East Asian Nations (Asean), as well as EU and US envoys, are meeting on Wednesday in Thailand.

Mrs Clinton reiterated President Barack Obama’s policy that talks were still an option between Iran and the US, but that "crippling action" could also be considered.

The flags of nations attending the Asean conference

Speaking in an interview for Thai television, she said: "If the US extends a defence umbrella over the region, if we do even more to support the military capacity of those in the Gulf, it’s unlikely that Iran will be any stronger or safer because they won’t be able to intimidate and dominate as they apparently believe they can once they have a nuclear weapon."

Western powers fear that Iran is developing nuclear weapons, but it says its nuclear development is only about enriching uranium to the level needed for power.

Iran has not responded to Mr Obama’s offer of engagement.

Mrs Clinton also spoke about concerns over the transfer of nuclear technology from North Korea to Burma.

Asean has a policy of non-interference in members’ affairs, but Burma has provoked widespread censure.

Mrs Clinton condemned Burma’s treatment of jailed pro-democracy leader Aung San Suu Kyi, saying Asean could consider expelling Burma from the regional grouping.

"It would be an appropriate policy change to consider," she said when asked about the possibility on Thai television, AFP reported.</p


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

Burma-N Korea ties ‘of concern’

Burmese Foreign Minister Nyan Win (L) reads documents during the Asean meeting in Phuket

Indonesia’s foreign minister has said Burma’s elections cannot be free and fair unless detained opposition leader Aung San Suu Kyi is free.

Hasan Wirayuda was speaking as regional foreign ministers gathered in Thailand for an Association of South East Asian Nations (Asean) Regional Forum.

US Secretary of State Hillary Clinton is on her way to the security forum.

Asean has a policy of non-interference in members’ affairs, but Burma has provoked widespread censure.

Indonesia has led Asean concerns about Burma, telling correspondents that the group has become frustrated at the lack of progress on democratic reforms.

Mr Wirayuda said the recent trial of Ms Suu Kyi had dashed hopes of a meaningful election scheduled for next year.

A new human rights body created by Asean, lambasted by regional activists as lacking any enforcement power, was almost scuttled over the weekend when an increasingly assertive Indonesia sought to strengthen its provisions.

Inclusive

"We have been saying to them [Burma] directly that the process must be inclusive for all groups in society … including Aung San Suu Kyi," Mr Wirayuda told The Associated Press in a reference to Burma’s planned poll.

"We should see whether from now until 2010 they develop a credible process leading to truly democratic elections acceptable to the international community," he said.

US Secretary of State Hillary Clinton in India, 20 July

He said the "big test" will be whether the regime’s promised elections next year are truly "multiparty, meaning inclusive in nature, but also whether the process is a democratic one."

He said Asean has been "able to develop a more open, frank discussion" with Burma, while admitting it was hard to see if all the talk made any difference inside the country.

He was speaking after United Nations Secretary-General Ban Ki-moon made a fruitless trip to Burma, during which he was not allowed to visit Ms Suu Kyi.

Clinton in Thailand

US Secretary of State Hillary Clinton said six months ago that the US was reviewing its policy towards Burma as sanctions did not appear to be successful in forcing change.

However, on this, her first trip to an Asean meeting, analysts have noted that there has been no hint of a new policy.

Instead, the talks are expected to focus on finding ways to push North Korea back to the negotiating table.

Six-party talks aimed at ending the North’s nuclear programmes stalled last year, and since then the North has set off nuclear and missile tests amid questions over the leadership as Kim Jong-il’s health has worsened.

Asean leaders have expressed satisfaction that a figure as senior as Mrs Clinton is at last gracing the regional forum with her presence. In recent years, more junior officers have been sent, leaving the delegate from China, a growing influence in the region, to be the key figure at the talks.

Mrs Clinton will meet Thai Prime Minister Abhisist Vejjajiva and the Thai foreign minister in Bangkok before joining the forum in Phuket.

Another challenge at the regional talks will be for Thailand – it has had to cancel regional summits twice since December due to domestic political turmoil. </p


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

Secret meeting

As the trial of pro-democracy leader Aung San Suu Kyi continues in Burma, a BBC correspondent assesses the mood of the country’s opposition movement.

For the safety of those we spoke to, we cannot reveal their names or that of our correspondent.

To arrange an interview with the leader of the youth wing of Burma’s National League of Democracy (NLD) was difficult.

It had taken a week to meet him, complicated by the fact that phone calls are routinely tapped and e-mails closely monitored by the military authorities.

But at last we were told to go a secret location.

There we waited, concerned – as an hour ticked by – that he was not coming, or perhaps had been arrested.

Finally there was a knock at the door. We shook hands and sat down together.

This was the man who could tell us if there were going to be any organised protests against the widely expected conviction of jailed opposition leader Aung San Suu Kyi.

Election concerns

Ms Suu Kyi is on trial on charges of breaking the terms of her house arrest.

"We are preparing for revolution. But the people are scared of being shot by the army, and will not go out on to the streets"

Burmese opposition leader

Burma’s generals have detained her for 13 of the past 19 years, and she has been held in the notorious Insein jail near Rangoon for almost two months.

I asked the NLD activist why the government was delaying the conclusion of Ms Suu Kyi’s trial.

"They cannot let her be free before the elections," was the response.

Everyone I asked said the same.

The Burmese military has pledged to hold elections early next year – the first since 1990, when the NLD won a landslide victory but the army refused to let them take power.

And now the ruling generals still do not wish Ms Suu Kyi – whom locals refer to with reverence as The Lady – to take part.

The opposition activist I was talking to was one of the leaders of pro-democracy protests in 1988, which followed then ruler General Ne Win’s decision to suddenly devalue the currency, wiping out the savings of thousands of Burmese people.

These protests were met with a violent crackdown, in which human rights groups say at least 3,000 people were killed.

Soldiers sprayed automatic rifle fire into crowds of protesters, and other demonstrators were carried away in trucks and never seen again.

The NLD man I met also played a leading role in the protests in 2007, when a fuel price hike triggered anti-government demonstrations.

The protests spread from monks to students, and became an uprising – the most significant challenge to Burma’s generals in almost two decades.

But again there was a crackdown. At least 10 people were confirmed dead in the military’s response to the protests, and many thousands more – including many monks – were reportedly arrested.

Amnesty International estimates that over 2,100 people are still in jail as a result.

Fear of reprisals

Aung San Suu Kyi

The man I spoke was arrested after both protests, and has spent many years in prison – but he’s still not given up.

"We are trying to make a 1988 and 2007 revolution. We are preparing for revolution," he said.

"But the people are scared of being shot by the army, and will not go out on to the streets."

"When the people start their demonstrations, there will be shouting – so people are scared and will not come out."

I asked him what his plans were, if Aung San Suu Kyi was found guilty.

"There will be a small protest outside the prison," he told me. "But we will stay underground. We will keep working, but we cannot do anything."

"One day we will call for a hunger strike outside Insein prison and the government will stop us, but we will keep on going…

"And we will also call for a hunger strike inside the prison. Even she [Aung San Suu Kyi] may go on hunger strike."

Army support

But Burma is a country with a population of 49 million people, where many find it hard to feed their families, where those who rule do not seem to care – so a hunger strike will not bring change.

I had expected to be told that there were plans for mass protests.

If the one group brave enough to go on the streets before was now afraid of what could happen, was there any hope for a free and democratic Burma

"If the Burmese were united, that would change everything," he told me. "If the army’s low ranks combined with the people, there would be change."

"But all the low ranks must join the people."

The government commands a combined armed force estimated to be nearly 400,000-strong.

And those in the military live a separate life from the people, so what made this man think that they would be prepared to join a protest

"I have heard from the low ranks, who see those with the rank of major and above with nice cars and houses – they are unhappy. They want change.

"But whenever anyone speaks out or is thought to show dissent in the army, they are arrested."

It seemed that there was little hope of change, but the man remained optimistic: "I believe that I will see Aung San Suu Kyi free before I die," he said.

He stopped and looked at his hands. Then he slowly nodded and for a moment his eyes seemed to swell.

"I will sacrifice myself for the memory of my friends."

With that, he stood and left.

If Burmese people do take to the streets if Aung San Suu Kyi is found guilty, the man I met might well be leading them.

Watch the full report from Burma on Newsnight on Thursday 16 July at 10.30BST on BBC Two.</p


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

Burma to free political prisoners

By Laura Trevelyan
UN correspondent, BBC News, New York

UN Secretary General Ban Ki-moon (right) shakes hands with Burmese general Than Shwe in Nay Pyi Taw, 4 July

Burma is preparing to release political prisoners to allow them to take part in national elections next year.

The move comes at the request of UN Secretary General Ban Ki-moon, who visited the country last week.

It was announced at the Security Council by Burma’s UN envoy Than Swe. He did not say how many of the estimated 2,100 inmates would go free.

Mr Ban described the move as encouraging, but said he would have to follow up on this and other issues.

Using careful bureaucratic language, Mr Than Swe said the Burmese government was processing the granting of an amnesty to political prisoners so they could take part in the 2010 elections.

The ambassador did not say whether the most famous of the prisoners, the jailed opposition leader Aung San Suu Kyi, would be included.

That seems unlikely. The ambassador warned that only appropriate recommendations from Mr Ban would be implemented.

UN officials will be relieved that there has been some progress following Mr Ban’s trip.

He had faced criticism for returning apparently empty handed, with the generals refusing to allow him to see Ms Aung San Suu Kyi.</p


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

Un Envoy Spends Hour In ‘hell-hole’

YANGON – United Nations human rights expert Paulo Sergio Pinheiro visited
Myanmar’s Insein prison yesterday to probe abuses and uncover how many
died during the junta’s suppression of September’s pro-democracy protests.

Mr Pinheiro, who was allowed back into Myanmar by the regime for the first
time in four years, visited the jail for about an hour. He was joined by
UN and government officials, and escorted by police, witnesses said.

Human rights groups have urged him to push for reform and press for the
release of all political prisoners. Amnesty International estimates 700
are still in detention.

Opposition leader Aung San Suu Kyi was secretly held at Insein in 2003.
Former political prisoner Ko Aung said the British-built prison was known
as the “darkest hell-hole in Burma”.

Earlier yesterday, Mr Pinheiro met home affairs officials in Yangon and
was scheduled to meet senior Buddhist monks.

Monks were at the forefront of the protests, which eventually swelled into
the biggest anti-government demonstrations in two decades.

Mr Pinheiro had been expected to travel yesterday to the Myanmar’s capital
Naypyidaw to meet government ministers, but that trip has been postponed,
the official said.

It was not immediately clear if Mr Pinheiro, who will leave Myanmar on
Thursday, would meet Ms Aung San Suu Kyi. – AFP