Category Archives: Myanmar

January 21, 2011 · 16:17

Updates from the region

A few interesting developments from the region:

Burma: An opposition candidate won a case against a candidate backed by the military regime! According to DVB, the Election Commission dismissed a complaint by a Union Solidarity and Development Party (USDP) candidate that his opponent, Sai Moon from the Shan Nationalities Democratic Party (SNDP), used armed groups to force people to vote for him. This is one of a handful of cases in which the courts have ruled against an elite figure. Even more interesting, according to the article other opposition candidates claim the Commission is handling such cases fairly. That’s certainly a rare bit of good news and hopefully a reason for hope that the country’s new judicial institutions will provide better services than they have since 1962.


Indonesia: No surprise that the latest news deals with corruption scandals. First, a while ago I blogged about the Gayus corruption case, in which a tax official bribed jailers to let him leave jail and vacation in, among other places, Bali. Now, the South Jakarta District Court has handed down a sentence. Seven years and a Rp. 300 million ($33,170) fine. However, according to The Jakarta Globe, many see this as too light a sentence for such flagrant abuses. 


I have no basis upon which to judge these criticisms. I don’t know if the court was particularly lenient on Gayus or if any foul play was involved. Regardless, the outcry is a useful reminder of the distinction between justice in the abstract and the judicial process. It may well be that the masses demand a more stringent punishment than the system provides.


In another corruption case, judges visited the home of former National Police chief Susno Duadji to investigate claims that a broker visited the home in December 2008 to pay him Rp. 500 million ($55,000). This event is interesting from a comparative law standpoint. In civil law countries like Indonesia, judges can and often do take it upon themselves to investigate or confirm factual allegations by the parties. In common law systems, judges almost never leave the courtroom and rely solely upon the testimony of witnesses. Still, the article doesn’t explain how visiting a house will reveal what happened over two years ago.


Philippines: The war of words between the Aquino administration and the Supreme Court took another turn as Chief Justice Corona denounced a “propaganda war” against the Court’s recent judgements. According to PhilStar, the chief justice claimed, “There are people who went out of their way to disparage the decisions of the SC.” He particularly criticized those who attacked the judgments without actually reading them. Nonetheless, he was careful to clarify that the “propaganda war” attacked the judgments, not the justices themselves. Hopefully, everybody in the Philippines can keep that distinction in mind because it looks like the tensions between the court and presidency will remain for some time to come.

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Filed under Burma, corruption, elections, indonesia, Myanmar, Philippines

January 11, 2011 · 15:02

Updates from Burma

A few years ago, I wrote an op-ed discussing the African Union’s advances in protecting human rights on a regional level, and suggested ASEAN could learn from them. Did Aung San Suu Kyi read it? Probably not, but I found it interesting that she recently told a Philippine senator that ASEAN’s human rights involvement in Myanmar should be modeled on that of the A.U. She cited the A.U. in Cote d’Ivoire, which I hadn’t emphasized in my op-ed (at the time, SAARC and Zimbabwe seemed more relevant). Either way, I think she’s onto something in drawing the comparison to Africa rather than the E.U.

According to Democratic Voice of Burma, three men from Mon State who claim to have been tortured and arrested are petitioning the Supreme Court for their release. Of course, Burma’s Supreme Court doesn’t have a great track record on these types of cases. Still, the plaintiffs’ family members are taking an interesting approach. According to one:

“We are not looking to put the blame on anyone or to get compensation. As Buddhists, we just blame it on karma. We just want our loved one released from prison and the family of [San Shwe] be informed about his death so they can hold a funeral.

Basically, they seem to hope that they can at least get their loved ones released from prison if they promise not to threaten elite interests. It will be interesting to see if this approach works.

Unfortunately, the approach of several farmers in Kachin State seeking takings compensation did not work.  Yuzana construction company initially offered the farmers approximately $100 per acre of land. The farmers sued, obviously hoping to obtain more compensation. Instead, the court awarded less – just $8 per acre. This is a valuable and tragic lesson in the unpredictable nature of law and legal institutions in Burma.

In other news, according to Irrawaddy, Rangoon’s government bookstore started selling books containing the new parliamentary laws and bylaws yesterday, but almost immediately ran out. Despite disillusionment with the November 7 elections, it seems people want to understand the political process.

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Filed under africa, asean, ASEAN Intergovernmental Commission on Human Rights, Burma, human rights, Myanmar

January 7, 2011 · 15:09

Updates from the region

A few brief updates from the region:

Burma/Myanmar: The National League for Democracy has established a network of lawyers called the Central Legal Aid Team to provide pro bono legal services across the country. According to the Democratic Voice of Burma, their work will focus mostly on defending political activists, although lawyer Aung Thein claims it will not be limited by its affiliation with the NLD.

Cambodia: While Yellow Shirts have yet to face justice in Thailand, Cambodia has started to prosecute seven Thais, including an MP and prominent Yellow Shirt activist, for illegal entry into a military zone. The incident is part of the larger border dispute between the countries over the Preah Vihar temple.

Indonesia: Members of the Islamic Defenders Front are now standing trial for attacking and stabbing a Christian minister in Bekasi. Sadly, this is only a more extreme case of rising Islamic antagonism towards Christianity in the country.

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Filed under Burma, Cambodia, indonesia, Myanmar, Thailand

December 21, 2010 · 20:03

The smallest damages award ever…

In some tort cases, when a plaintiffs sue a defendant more to make a point than to recover money, a court might award nominal damages to recognize the injury but minimize the stakes. A Rangoon court recently took this principle to unjustified extremes. According to Democratic Voice of Burma, a voter in the recent November 7 elections claims he was beaten up by two USDA thugs. Perhaps surprisingly, the court levied a fine on the men. However, this fine amounted to 500 kyats – approximately 50 cents. Meanwhile, the victim and his family claims to have spent at least 30,000 kyats on the litigation thus far. Sadly, the story is surprising not so much because of its blatant impunity, but rather because the court actually bothered to impose any fine at all – usually such cases are simply dismissed. One can only hope this isn’t a harbinger of the judiciary under the post-election civilianized government.

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Filed under Burma, Myanmar

November 13, 2010 · 16:32

Suu Kyi’s former driver recounts assassination attempt and torture

Despite the title of this post, there is some good news today: Aung San Suu Kyi is free at last from house arrest! However, a recent interview on Democratic Voice of Burma with Suu Kyi’s driver is a poignant reminder that last time she was freed the junta’s Union Solidarity and Development Association – the winners of last week’s elections – tried to assassinate her. The driver, Kyaw Soe Lin, was a law student and volunteered to drive Suu Kyi to rallies in May 2003. When Suu Kyi’s convoy approached Depayin, Kyaw recounts that USDA thugs brutally attacked her supporters and nearly killed Suu Kyi herself. Indeed, but for Kyaw’s quick thinking and “James Bond” driving skills, things might have been much worse. Fortunately, it sounds like Kyaw was eventually able to get his law license. Still, his bravery deserves far more recognition.

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Filed under Burma, Myanmar