VZCZCXRO8302
PP RUEHCHI RUEHDT RUEHHM RUEHNH RUEHTRO
DE RUEHGO #0925 3390905
ZNY CCCCC ZZH
P 040905Z DEC 08
FM AMEMBASSY RANGOON
TO RUEHC/SECSTATE WASHDC PRIORITY 8450
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RUEHBY/AMEMBASSY CANBERRA 1662
RUEHNE/AMEMBASSY NEW DELHI 5144
RUEHUL/AMEMBASSY SEOUL 8739
RUEHKO/AMEMBASSY TOKYO 6311
RHHMUNA/CDR USPACOM HONOLULU HI
RUEHGV/USMISSION GENEVA 4155
RHEHNSC/NSC WASHDC
RUCNDT/USMISSION USUN NEW YORK 2132
RUEKJCS/SECDEF WASHDC
RUEHBS/USEU BRUSSELS
RUEKJCS/JOINT STAFF WASHDC C O N F I D E N T I A L RANGOON 000925 
 
SIPDIS 
 
STATE FOR EAP AND IO; PACOM FOR FPA 
 
E.O. 12958: DECL: 12/03/2018 
TAGS:        
SUBJECT: BURMA: ASSK'S LAWYER SPEAKS ABOUT HIS CLIENT'S CASE 
 
REF: A. RANGOON 806 
      B. RANGOON 754 
      C. RANGOON 725 
      D. RANGOON 704 
      E. RANGOON 648 
 
Classified By: Pol Officer Sean O'Neill for Reasons 1.4 (b) & (d) 
 
Summary 
------- 
 
 1. (C)  Aung San Suu Kyi's lawyer U Kyi Win (aka Neville) 
told Poloff December 4 that he is pressing GOB authorities to 
allow him to meet with his client.  Neville had refrained 
from following up on his October 16 request to see Aung San 
Suu Kyi (ASSK) in response to GOB indications of possible 
near-term developments in her case.  The lack of any action 
or response to her legal appeal, however, has left the lawyer 
frustrated and determined to pursue her case.  Neville last 
saw ASSK in September, before filing her appeal on October 9. 
 Neville explained that May 29 will mark the six-year 
anniversary of ASSK's current detention order, after which 
the regime will no longer have any authority, even under its 
own laws, to hold ASSK.  Nonetheless, the lawyer conceded 
that the only thing that can assure her release is a decision 
by Than Shwe.  End summary. 
 
Justice Delayed 
--------------- 
 
 2. (C)  In a December 4 meeting with Poloff, Aung San Suu 
Kyi's lawyer Neville said that, on December 3, he renewed his 
request to GOB authorities to see Aung San Suu Kyi.  Neville 
told us he has grown frustrated with the regime's inaction on 
his client's case, and demanded in writing that the Special 
Branch of Police provide him access to his client.  Neville 
last asked for permission to see ASSK on October 16, seven 
days after filing her appeal in Nay Pyi Taw.  He last saw her 
in September. 
 
 3. (C)  Neville informed us that on October 18, Special 
Branch officials summoned him to their offices and relayed a 
request from "higher authorities" for him to wait a few weeks 
before seeing her.  At that time, officials told him there 
may be a development in a few weeks, but did not elaborate. 
Neville interpreted this to mean the authorities might 
release ASSK when her detention came up for its scheduled 
six-month review at the end of November.  As a result, 
Neville decided not to press the appeal or his request to 
meet with ASSK until after November.  However, Neville said 
that since authorities neither released ASSK nor responded to 
the appeal or request to visit her, he has grown frustrated 
with what he views as stalling by the regime and filed the 
new request to see his client.  If officials do not respond 
within 10 days, Neville said he will request a hearing before 
the Council of Ministers (aka the cabinet).  "Justice delayed 
is justice denied" Neville said, quoting William Gladstone, 
and so far the regime "has delayed justice for over five 
years." 
 
The Six Year Mark 
----------------- 
 
 4. (C)  Neville went on to explain that the six-year 
anniversary of ASSK's current detention order will occur on 
May 29, 2009.  Neville believes that after this date the 
regime will no longer have any authority, even under its own 
unjust laws, to extend ASSK's house arrest.  He speculated 
that the regime could release her then, as part of a 
pre-election public relations ploy, but stressed that 
everything depends on "the whim of that dictator Than Shwe, 
who is the mastermind behind it all." 
DINGER