Wednesday, March 21, 2012

Burma's push for freedom is held back by its institutionally corrupt courts | James Ross

12:26 PM | Posted by Free Game Zone | | Edit Post

The media and politics in Burma are underway, but the judicial system has long been a cruel joke

Change is in the air in Burma. There is a new openness in the media long suppressed. National League for Democracy is officially entering the political fray with elections scheduled for April 1. Hundreds of political prisoners were released, and the Parliament of Burma is the enactment of laws that proponents claim to promote human rights, such as trade unions and join the celebration of events, which were denied the Burmese people.

However, the army remains in the wings and there is no existing institutions that could prevent changes from being reversed.

A test of the government's commitment to reform is whether to allow the development of a professional and independent judiciary. The government's tolerance of dissent and respect for the law is as good as the judicial system charged with upholding the rule of law. When the worldview that the Burmese government and military confrontation with the political opposition and ethnic minority groups, as it surely will - it will be Burma judiciary is capable of taking a principled stand, or will the tool to those power

Aa courts

Burma have long been nothing but a cruel joke. For decades, outrageous statements were issued against peaceful demonstrators, political activists, journalists and monks with a social conscience, regardless of the law or facts.

The UN expert on human rights in Burma said in a report this month that Burma "lack of an independent judiciary, impartial and effective" and its conversations with the Chief Justice of the Supreme Court, "said the limited recognition of the challenges and gaps in capacity or performance and lack of will" to tackle the reform options.

no case better illustrates this than the government's prosecution of the famous actor and social activist Zargana for publicly criticizing the government's response to the languid Cyclone Nargis in 2008. Zargana was sentenced to a mind-numbing 59 years in prison.

a higher court, without doubt, the instructions to dampen international protests, has reduced his sentence to 35 years only. Zargana was released from prison in October last year, but it was not because the Supreme Court reversed the judgment questionable. Instead, he was a beneficiary of an amnesty of 230 political prisoners. Many activists have been released under Article 401 of the Criminal Procedure Code, a form of probation, no exemptions, which could send them to jail
  • nearly 50 years of military rule, imposed in 1962 after the overthrow of a democratically elected government, has proved disastrous for all state institutions, including courts. The courts are powerless, and judges replaced on the basis of loyalty to the board. Many thousands of prisoners after the army crushed the massive pro-democracy demonstrations in 1988 were summarily tried by military courts, often in Insein prison in Rangoon, outside the ordinary courts.
The problem in Burma today is that judges are striving for independence against a heavy ruler, but rather that judges are an integral part of decades of military government. Judges routinely impose unwarranted judgments in political cases, allowing them to keep their jobs and access to the benefits of a corrupt system.


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