Prosecutors Are an Extension of the Military Regime

Violations of universally recognized tenets of criminal law and procedure continue during the conduct of criminal trials. In each trial, the state’s case is made by a public prosecutor, a lawyer employed by the state. According to the international standards, a prosecutor must maintain some degree of independence from the governmental apparatus, properly investigate and conduct their functions impartially and without discrimination, and see to it that violations of the law, which do not result in complaining victims, can be brought before the courts.27

This is clearly not the case under the rule of the SPDC. The prosecutor is not accountable to any ethical or professional standards; thus, he has the power to decide not to prosecute cases, no matter how awful the crime or clear the evidence that it occurred as charged, especially if the potential case will shed an unfavorable evidence and witnesses in cases where the state wants to protect the accused member of the military. During criminal trials, many people accused of crimes in Burma reported that they were not allowed to call key witnesses to testify on their behalf. Indeed, in the case of Suu Kyi, the Court allowed only one defense witness. By contrast, the prosecution presented 17. Similarly, in the case of against U Tin Min Htut, who was accused of writing a letter to the United Nations Secretary General in which he criticized the government , a line of police testified for the prosecution but the defendant was unable to present witnesses.28

Thus, the manipulation or disregard of the procedural law in criminal prosecution in Burma renders the international and local requirements for due process meaningless.

Currently in Burma, the police, an important institution to operate a criminal justice system and to support and to support the smooth function of an independent judiciary, have lost its image to stand as a neutral body that treats everyone the same. The whole police institution has been dominated by ex-army and army personnel in its leading role. Police are totally subservient to the military. They dare not take action against the military personnel who commit crime over civilian people.