How The Military Junta Diminished The Right To A Fair Trial And The Rule Of Law In Myanmar

On September 2, 2022, the United Kingdom's former ambassador to Myanmar Vicky Bowman, and her husband Htein Lin, prominent artist and former political prisoner, have each been sentenced to one year in prison. Both were charged with breaching immigration laws for allegedly failing to register as living at a different address. Their arrest and proceedings came shortly after the United Kingdom identified new steps against the military in Myanmar. Marking the fifth anniversary of the Rohingya crisis in Myanmar, the U.K. government announced new sanctions against military-linked companies (including on Star Sapphire Group of Companies, International Gateways Group of Companies Limited (IGG) and Sky One Construction Company Ltd.) to target the military’s access to arms and revenue, and its intention to intervene in The Gambia v. Myanmar International Court of Justice case to support international justice efforts.

Furthermore, also on September 2, 2022, Myanmar’s deposed leader Aung San Suu Kyi was handed a three-year jail sentence for election fraud. This adds to the 17-year prison term she had already been given for other offenses. These sentences come as the International Bar Association’s Human Rights Institute (IBAHRI) published their report on the right to a fair trial in Myanmar identifying serious concerns, including the manner in which trials have been conducted. As they explain, the military junta diminished the right to a fair trial and the rule of law in Myanmar.

The IBAHRI report finds that after the coup d’état on February 1, 2021, the right to a fair trial and the rule of law have been severely affected. The crackdown on human rights defenders and the opposition in the country was followed by the increase in arbitrary detentions and criminal proceedings against these individuals. The report reveals that many individuals have been, and are currently being, denied their right to a fair trial as per international standards.

Furthermore, as of July 25, 2022, and with first executions in over 30 years, people in Myanmar face yet another challenge - of killings under the pretext of enforcing legal judgments. On July 25, 2022, four democracy activists, Ko Jimmy (also known as Kyaw Min Yu), Phyo Zeya Thaw, Hla Myo Aung and Aung Thura Zaw, were executed by Myanmar’s military. The Independent Investigative Mechanism for Myanmar commented on these cases emphasized that, “none of the trial proceedings were public and the judgments are not publicly accessible. A fundamental attribute of a fair trial under international law is that it be held in public to the greatest extent possible, with exceptions tailored as narrowly as possible to the justification, such as national security considerations. Yet the imposition of sentences on the basis of secret proceedings is indicative of the commission of the crime of imprisonment and, in the case of the imposition of the death penalty, could constitute the crime of murder, openly carried out by an organ of government.” As it stands, it is highly likely that further executions will follow. According to the United Nations High Commissioner for Human Rights, “between February 1, 2021, and January 31, 2022, at least 740 individuals were sentenced, including 84 persons, two of whom were children, to death, following trials that did not meet fair trial standards.”

With the serious issues in relation to the rule of law and the right to a fair trial in Myanmar, as examined in the IBAHRI report, the executions pose a significant risk to the people in Myanmar, and especially anyone seen as a threat by the military. Such abuses in the name of law cannot be tolerated and must be condemned by the international community.