Category Archives: Burma

April 25, 2011 · 17:53

Updates from the region

Lot’s of interesting bits of news, but not of a lot of time to post them. Here are some samples:

Myanmar/Burma: Talk about the tables turning! The National Unity Party, formerly Ne Win’s Burma Socialist Programme Party, has urged the government to adhere to the rule of law and release all political prisoners. If anything, the courts under the BSPP (1972-88) were even more of a mess than Myanmar’s current judiciary. However, the NUP’s current statements probably reflect the fact that out-of-power dictators prefer to live under the rule of law, in the belief that legal procedures can provide them with some protection from the current elite. Still, it’s an interesting twist to Myanmar’s political dialogue. Personally, I hope the opposition continues its focus on the rule of law, as that might be more palatable to the elites than “democracy.”

Malaysia: Yet another twist in the infamous Anwar Ibrahim sodomy trial. This time, government chemists claim the DNA found in the alleged sodomy victim matched Anwar’s. I’ve already blogged frequently about the case, but needless to say it seems highly political. Asia Sentinel provides a good rundown of the case, the evidence, and the very suspicious circumstances surrounding the alleged “victim.”

Philippines: The Supreme Court cleared a Court of Appeals justice of charges of gross negligence after she accepted a fraudulent contract into evidence. The deed was apparently signed in 2008 by an individual who had died in 2001. It’s not clear from the article exactly what the justice knew at the time of the case. However, I’m left wondering why anybody forging a contract would rely upon a signature that’s so easily falsifiable!

Comments Off on Updates from the region

Filed under Anwar Ibrahim, Burma, Malaysia, Myanmar, Philippines

April 22, 2011 · 15:03

Better not bring any "unfounded accusations"

While Burma’s new parliament has been seated for almost three months now, the Elections Commission has decided it will hear some of the complaints leftover from last November’s election. The statistics are revealing – of the 29 cases filed, 27 are by candidates from the pro-government USDP, while only 2 are from the opposition. However, another piece in an Irrawaddy article caught my eye:

A fee of 1 million kyat (US $1,136) is required to file an election fraud lawsuit with the authorities, and it carries a possible two-year jail term if the case is lost.

On Nov. 17, the EC told candidates who planned to challenge election results that they could be fined 300,000 kyat ($340) and sentenced to three years in prison if their accusations are deemed to be unfounded.

I have no background in election law, so I can’t really compare these punishments to other countries. However, they do seem somewhat harsh, especially given the vagueness of the term “unfounded accusations.” This all should discourage election-related litigation, and perhaps makes it all the more remarkable that opposition candidates have even filed any complaints. It will be interesting to see whether the cases are decidedly fairly. Last year, the commission received mixed reviews in that regard.

One might hope that by raising litigation costs, the commission would then decide any cases that it does receive impartially and efficiently. In other authoritarian regimes, high barriers to litigation or restrictions on the court’s jurisdiction have actually made the regime feel more secure in allowing some level of judges independence. For Burma, that might take some time, but might not be impossible over the longer term.

Comments Off on Better not bring any "unfounded accusations"

Filed under Burma, elections, Myanmar

February 24, 2011 · 03:45

No order in the court

Every good law drama has at least one scene in which the judge resorts to banging his gavel and yelling, “Order in the court!” Of course, such scenes only make sense if the underlying assumption is that judges control their courtrooms. However, a recent Supreme Court decision from Burma suggests Burmese judges have no such luck. The justices decided that judges cannot decide who can – and, more importantly, cannot – attend a court hearing held inside a prison. Burma is notorious for conducting trials of political prisoners in prisons such as Insein and forbidding family from attending. This recent decision has received a good deal of press coverage (DVB has an article here). What’s unclear to me is whether this holding has any value as precedence for trials held outside prisons. The 2000 Judiciary Act grants judges wide discretion on whether to hold trials in camera. If the Supreme Court’s decision affects regular courts as well, it seems it would directly contradict the act. Alas, it wouldn’t be the first time Burma’s government fails to follow both the letter and spirit of the law.

Comments Off on No order in the court

Filed under Burma, judicial independence, Myanmar

February 17, 2011 · 14:33

Burma appoints Judges

Burma’s new national parliament (Hluttaw) has been quite busy with appointments these past two weeks. Last Friday, it appointed all nine members of the Constitutional Tribunal. According to the New Light of Myanmar, the appointees are:

The three members nominated by the elected President were U Thein Soe, Dr Tin Aung Aye and Daw Khin Hla Myint. The three members chosen by the Speaker of the Pyithu Hluttaw were U Tun Kyi, U Soe Thein and U Khin Tun. The three members nominated by the Speaker of the Amyotha Hluttaw were U Hsan Myint, U Myint Kyaing and Daw Mi Mi Yi.

The chief judge, Thein Soe, is also the former chairman of the Elections Commission. I don’t know much about any of the other members. I believe Tun Kyi is a lawyer with the Ministry of Justice and deeply involved in writing the constitution. I do wonder how Thein Soe will manage the court. While the Elections Commission received a fair share of criticism, it also seemed more willing to entertain opposition challenges than the Supreme Court ever did. I’m not sure if that was a sign of the man or the regime’s approach towards the elections though.

Yesterday, according to DVB, the parliament also appointed judge Tun Tun Oo as the new chief justice. He will replace long-serving Chief Justice Aung Toe, who first joined the high court bench in 1989. Again, I’m not that familiar with him, but the fact that he was personally nominated by President Thein Sein probably speaks to how independent the court will be once it convenes.

Comments Off on Burma appoints Judges

Filed under Burma, Myanmar

February 12, 2011 · 00:25

Updates from the region

First of all, I apologize for posting less frequently and with less analysis. Grad school is keeping me busy. I’m also working on some interesting articles, which I’ll certainly share when they’re ready.

There were two interesting bits of news from the region today:

Burma: In a recent speech, Aung San Suu Kyi encouraged Burma’s youth to criticize corruption and arbitrariness in Burma’s judicial system. Interestingly, when Irrawaddy magazine solicited for suggestions for Suu Kyi, I told her she should focus on the judicial system. Maybe she listed to me!


Indonesia: The Judges Ethics Council ruled that Constitutional Court Judge Arsyad Sanusi must step down after family members received bribes from a litigant in a case before the court. While he complied, the affair is a sad mark on the court, one of the few bright spots in Indonesia’s judicial system.


Thailand: Thai activist Da Torpedo won an appeal against a lese majeste conviction. This is one of the few times a defendant has won in such a case. However, it’s unclear whether the Constitutional Court will uphold the acquittal.

Comments Off on Updates from the region

Filed under Burma, indonesia, Myanmar, Thailand