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As the Myanmar army struggles to unite the insurgent country, it has to contend with another form of opposition: lawyers for political prisoners. Last month, at least five lawyers were arrested throughout Myanmar for defending politicians and human rights activists, fueling a military coup.
First, at the end of May, police arrested Thein Hlaing Tun, a lawyer for the President of Naypyidaw Council Myo Aung, against Aung San Suu Kyi’s counterpart. Myanmar’s new president has been ousted by warlord Min Aung Hlaing on January 1 as the National League for Democracy wins elections in November.
Since taking over the government, the military has killed 883 non-terrorists and arrested, convicted or prosecuted more than 6,000 protesters, according to the Assistance Association for Political Prisoners, which is monitoring the situation.
Thein Hlaing Tun and five other lawyers were with their clients on May 24 when they were arrested and convicted under section 505A, a case of incitement to three years in prison and has become an important tool for ambassadors. Khin Maung Zaw, Aung San Suu Kyi’s defense chief, said Myo Aung was not notified of the arrest until he met with other lawyers on June 7.
“Then he chose new lawyers among us,” Khin Maung Zaw wrote in a text message. “We are concerned about other lawyers,” he told Al Jazeera, noting that things have become “VERY DIFFICULT” due to the risk of “torture or arrests” and internal disagreements over how to prosecute.
Later, on May 28, a lawyer from the Ayeyarwady Region was arrested on a charge of defending a defendant. According to local journalists, he recruited a number of top clients, including striking hospital administrators instead of serving in the military. He was also charged under section 505A.
On June 2, lawyer Thet Tun Oo was arrested in Kachin State for attempting to sue. He is said to represent more than 100 political prisoners, including Kachin state detainees. One of his co-workers spoke to Al Jazeera not to be named, for fear of retaliation, and said the arrests had exacerbated existing fears.
“After his arrest, we went to a secret place, but we are still trying to continue to protect the cases,” he said. When judges go to court to defend themselves, he said, plainclothes police officers were often photographed and filmed, and women lawyers were afraid to go to court alone.
The lawmaker said that before he hides, he feels like he is being watched, often seeing “strangers looking at my house”. He also received suspicious phone calls from anonymous numbers asking him to meet with him to give him legal advice immediately, requests he feared he would accept.
“We know we can be arrested, but I can’t avoid this. Because if we stop doing this, who will defend these cases? ”He said.
‘There is no true justice’
On June 12, two lawyers were arrested in Kayin state trying to cross the border into Thailand, after realizing they were wanted by the military. Nilar and Phone Myat Thu were both members of the legal team of Kayin’s prime minister, who was ousted and charged along with a number of ordinary leaders in February.
Some lawyers had to remain in hiding but will continue to protect political prisoners and detainees [File: Lynn Bo Bo/EPA]
A close friend of the lawyers said he had received a phone call from a friend in the middle of the night, informing him of the arrest.
“All of them had been hiding in Myawaddy since they heard they were being held recently… To this day, we have not seen or met them,” he said. Like the others, they have been charged under section 505A.
“We feel that there is no law. If lawyers are arrested like this, we should have the opportunity to meet and see them. Now, no one can protect us, even if the law does not protect our rights, ”he said.
Phil Robertson, Human Rights Watch’s deputy director for Asia, says a lawyer’s review could remove information about other detainees.
“[R]Reducing relationships with clients through intimidation of lawyers could also mean that less is what comes out of prisons, ”he said, adding that the information has helped activists write” torture and torture “inside prisons.
Last week, the deputy chairman of Naypyidaw Council was able to reveal through his lawyer that he had broken his ribs during cross-examination. Lawyers are often the only way for family and friends to communicate with their loved ones, and the only way for high-ranking inmates to send messages to people.
“Arresting lawyers, and asking them questions about what they do and their clients, will ensure that no one wants to give legal advice to activists – which is probably the real purpose of the criminal system here,” Robertson said, warning that “there is no real justice.” the courts are “under the thumb of the military”.
The military coup and the pressure on the courts also affect Myanmar’s young people, who have grown old at the time of the country’s opening, and believe that things can change.
A law student in Yangon said the shooting had shattered hopes he had for the job he had chosen and was asking him if he could complete his degree.
“Although my hopes were high… on December 1, all hope was gone,” he said. While they believe there are “many flaws” in the laws before the government, things are “very dangerous”.
This has led some student lawyers to decide to continue their chosen profession [AP Photo]
“Do [the law] if the government arrests anyone who disagrees with this? ”He asked.
He also said he wanted to become a lawyer to “give me strength, words and the courage to help the people around me” but instead began to feel “powerless”.
But she is not discouraged.
The pressure on lawyers also makes prosecutors “angry and motivated to deal with unfair and unjust practices,” Al Jazeera told. “Our generation must and should be the last to face elections.”
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