No Democracy Without an Independent Judiciary

There can be no effective democracy without an independent and unbiased judiciary that operates in a legal system which respects the equal rights of all. When such conditions do not exist, the courts are often used as a tool of oppression. They are employed as a means of consolidating the authority of those in power and as a weapon against any opposition, be it from political parties or civil society. Such abuse was rampant in South Africa during the apartheid era and typified by the Rivonia trail during the 1960s when the illegitimate government tried to use the courts as a mechanism to damage and silence the ANC.

Thinking of South Africa and the leadership of Nelson Mandela, one cannot fail to see the similarities in the hardships endured by Aung San Suu Kyi in Myanmar. The current case against her could result in her facing a prison term of five years. Unsurprisingly, the opposition leader who has spent 13 of the last 19 years under house arrest, is facing charges that if (and most likely when) found guilty will exclude her from taking part in next year’s elections. This is nothing more than opportunism by the military rule to prevent Suu Kyi from causing them insurmountable discomfort if she was free to contest the elections, which she would have been (her detention order was set to expire on May 27th 2009) had it not been for the actions of the American John Yettaw and the reaction of the government of Myanmar.

John Yettaw acted of his own volition. According to her lawyers, Suu Kyi requested that he leave immediately and only allowed him to stay temporarily due to his fatigue and inability to repeat the swim back across the lake. If Suu Kyi had brought the presence of Mr Yettaw to the attention of the authorities, they would surely have acted in the same way and used the opportunity to prolong her detention, despite their protestations. All week there have been concerns that the court and prosecution were being influenced to conclude the proceedings quickly. This fear was added to when the prosecution suddenly decided not to call their final 8 witnesses, putting immense pressure on the defence team.

Aung San Suu Kyi will not receive a fair trial. Myanmar’s human rights record displays nothing short of contempt for such notions. The international community must speak now and with a united voice calling for her release and demanding that she is not placed back under house arrest.