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Press releases Office of the High Commissioner for Human Rights

UN human rights chief deplores latest charges against Aung San Suu Kyi

15 May 2009

15 May 2009

GENEVA -- The UN High Commissioner for Human Rights Navi Pillay said Friday she deplored the news that the Myanmar authorities are pressing new charges against Aung San Suu Kyi, and called on them not only to drop the current set of charges -- which appear to be based on an event that was beyond Aung San Suu Kyi's control -- but also to release her immediately from her existing detention which is illegal, even under Myanmar's own laws.

“I deplore Ms. Suu Kyi’s ongoing persecution, and call for her immediate and unconditional release,” Pillay said. “Her continued detention, and now this latest trial, breach international standards of due process and fair trial.”

Aung San Suu Kyi and two aides are reported to have been taken to Insein Prison on Thursday, where they appeared before a special court. The three are said to have been charged under Article 22 of the State Protection Law for violating the terms of her house arrest, after an uninvited American citizen gained access to her home Their trial has been scheduled for next Monday, 18 May, and they remain detained at the prison.

It had been hoped Aung San Suu Kyi would be released when her current detention order expires at the end of May. It has already continued for one full year longer than the maximum five years permitted under Myanmar's own laws.

“The Myanmar authorities might claim Aung San Suu Kyi has breached the conditions of her detention, but they have broken both their own laws and their international human rights obligations. She should not be detained in the first place,” the High Commissioner said.

Aung San Suu Kyi has spent more than 12 of the past 20 years under house arrest. On 30 May 2003, she was re-arrested under section 10b of a 1975 law, which states that a person “suspected of having committed or believed to be about to commit, any act which endangers the sovereignty and security of the state” (article 7) can be detained.

On 25 May 2007, the Government extended Aung San Suu Kyi’s arrest for another year, taking it up to the limit of five years provided for by law. In May 2008, Aung San Suu Kyi’s house arrest was extended for another year, with no new evidence or allegations against her. So her detention over the past year has been illegal, even under Myanmar’s own laws.

Articles 9 and 10 of the Universal Declaration of Human Rights (UDHR) prohibit aribitary arrest and detention and guarantee the right to fair trial. Article 19 of the UDHR also guarantees the right to freedom of opinion and expression, which Ms Suu Kyi has exercised peacefully and courageously over many years.