Burma: “Our Numbers Are Dwindling” Myanmar’s Post-Coup Crackdown on Lawyers

In a courtroom, I now have to worry about not getting myself detained rather than speaking the truth. This is especially true when I have to represent political cases. Everyone at the court knows who I am, and the court has all my credentials and personal information. The SAC [military junta] can detain me at any time, and they can and will make up any reasons they want.
—Yangon-based lawyer, October 11, 2022

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Since the February 1, 2021 military coup in Myanmar, the State Administration Council (SAC) junta has arbitrarily detained thousands of anti-coup activists and critics in mass arrests and prosecuted them in summary trials that fall far short of international standards. Among those wrongfully convicted are protesters, journalists, human rights defenders, and politicians from the ousted National League for Democracy (NLD) party.

The severe deprivation of liberty is among the grave crimes committed by the junta, as well as murder, torture, enforced disappearance, and other inhumane acts causing great suffering. These have been committed as part of a widespread and systematic attack on the population, amounting to crimes against humanity.

In the face of these abuses, dozens of lawyers in Myanmar have attempted to represent those arrested and provide them a legal defense. At every turn they have faced systematic obstacles imposed by military authorities and restrictions impeding their work. Making matters worse, they themselves have faced threats, arbitrary arrest, detention, and prosecution, and in some instances, torture and other ill-treatment.

Most notably, the junta has created “special courts”—closed courts inside prisons to fast-track politically sensitive cases. As a result, many cases that would have been heard before regular criminal courts before the coup, are now under the jurisdiction of these junta-controlled special courts.

Inside special courts, authorities have imposed numerous severe restrictions on lawyers including prohibitions on private communications with clients before hearings. Lawyers said that junta officials frequently obstructed or prevented them from carrying out their professional duties, denying suspects their rights to due process and a fair trial.

In the 47 townships in which the junta has imposed martial law, the junta has also convened military tribunals to adjudicate criminal cases involving civilian defendants. The military tribunals also typically operate in prisons. Suspects may not have access to a lawyer, and trials are summary and invariably result in convictions and often heavy sentences.

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https://www.hrw.org/report/2023/06/08/our-numbers-are-dwindling/myanmars-post-coup-crackdown-lawyers

https://www.hrw.org/news/2023/06/08/myanmar-lawyers-face-harassment-arrests

https://www.france24.com/en/live-news/20230608-myanmar-lawyers-face-harassment-intimidation-in-junta-courts-hrw

https://www.rfi.fr/en/international-news/20230608-myanmar-lawyers-face-harassment-intimidation-in-junta-courts-hrw

 

 

Burma: “Our Numbers Are Dwindling” Myanmar’s Post-Coup Crackdown on Lawyers