Justice Unbound
Manny Maung, a voice for justice in Myanmar's unfolding tragedy, paints a chilling picture of a nation in turmoil in her recent podcast discussion. As a representative of Human Rights Watch, her words echo with urgency. In a land where the military's grip is unyielding, justice is a façade in the closed courts, hidden from scrutiny. Defenders are few, their voices stifled, and the accused stand alone. The legal system, a relic of colonial rule, has never known fairness, but now it plunges deeper into darkness. The regime, casting aside laws and constitution, dictates the fate of its people. Lawyers, once heroes, endure fear, harassment, and suspicion as they dare to represent the accused. Judges dance to the military's tune, erasing the progress made in the past. Martial law looms over Yangon, while arbitrary arrests continue, shrouded in mystery. Prisoner releases remain enigmatic, driven by hidden motives. The military clings to a veneer of legality, renewing the State of Emergency, striving for international recognition. Manny Maung's voice remains a beacon of hope amidst this darkness. She calls for a multi-pronged approach, international support, and the dream of a Myanmar free from military oppression. As the world's attention wanes, she reminds us that Myanmar's future is intertwined with the hope of democracy, despite the darkest of days.
“You may be allowed to see your lawyer once before your trial for 15 minutes, but you don’t have any ability to see them one on one without someone else in the room listening to your conversation.”
Manny Maung: This all comes down to one person, and it's Min Aung Hlaing, who is using the 2008 constitution as an excuse to arbitrarily enforce the laws which deem to legitimize the junta.
Host: Let's say, we have a person who has been detained off the street by military or paramilitary, and an allegation has been made that this person is in some way connected to the People's Defense Force (PDF). What steps can this person anticipate? And what protections can this person rely upon?
Manny Maung: It would firstly depend on where this person has been picked up, and where this person has been accused of committing the crime. If either of those places happen to be under martial law, then that person can expect to be taken into a military detention centre to face a military tribunal without access to a lawyer and without access to any type of defence. We have no visibility on what goes on in those military tribunals. They are the ones that are responsible for determining life sentences and death sentences. So for example, in areas like Shwepyitha, in Yangon, all of Chin State, and parts of Sagaing region you can expect to be taken by military authorities and face a military tribunal. Now, if you picked up in other parts of like Yangon or Mandalay, where there are no martial law restrictions in place, then you may just be taken to a normal prison facility. But depending on the conditions, and depending on whether the courts or the normal civilian courts are in operation, you can also expect to be tried in the prison in a makeshift courtroom. You may be allowed to see your lawyer once before your trial for 15 minutes, but you don't have any ability to see them one on one without someone else in the room listening to your conversation.