BLC Condemns SPDC Action against Da

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BURMA LAWYERS COUNCIL CODEMNS UNLAWFUL ACTION OF SPDC
 AGAINST DAW AUNG SAN SUU KYI
  (August 1, 1998)

The recent action taken against Daw Aung San Suu Kyi, General Secretary =
of the National League for Democracy (NLD) by Burma's military =
dictatorship, the State Peace and Development Council, has again =
demonstrated to the people of Burma, their ASEAN neighbours and the =
ibnternational community that they have no respect for the rule of law =
and no regard for anything other than maintaining power.

The military's behaviour in blocking Daw Aung San Suu Kyi, U Hla Pe =
fellow NLD Central Executive Committee member and drivers Nyunt Shwe and =
Tun Myint, from driving to Ayeyawady Division on the Nyaungdon-Pathein =
Road and the military's forcible return of them, has been widely and =
loudly condemned by the international community.

Ms Madelaine Albright, the USA Secretary of State, said that the =
military's actions were an +ACI-unacceptable violation of Daw Aung San =
Suu Kyi's human rights+ACI-, which it clearly is by international legal =
standards.  It is moreover, an unacceptable violation of Daw Aung San =
Suu Kyi's legal rights under Burmese law.

The BLC supports the pubnlic statements by U Tin Oo, Chairman of the =
NLD's Legal Committee and NLD Vice-Chairman, that she was kidnapped by =
security forces.  It is disturbing that this was done under the direct =
orders of the SPDC.  We therefore urge the SPDC's Chief Justice U Aung =
Toe to give inbdependent and serious consideration to legal petitions =
submitted to him regarding this case. =20

The BLC draws your attention to The Burma Code, a 13-volume compendium =
of Burmese law.  Volume viii articulates  Burma's criminal law, =
including the Penal and Criminal Procedure Codes.  It is the BLC's =
submission that the SPDC's actions are extra-legal and in flagrant =
violation of the Penal Code. =20

If of course Biurma's military subjected themselves to the law, which is =
the will of the people, they would be charged under the Penal Code.  The =
Penal Code is still in operation inside Burma, sometimes applied for =
proper purposes, other times to consolidate the military's power+ADs- =
but never do the generals consider that it should apply to them or their =
selected friends.

The SPDC's Foreign Affairs Minister Ohn Kyaw periodically informs the =
international community that Burma, under military rule, has a common =
law systeml upholds the rule of law and has no human rights violations.  =
Evidence of course demonstrates the contrary+ADs- however we ask you to =
entreat the military to uphold the law and remind them that they have =
themselves wantonly and recklessly violated it.  If those in power show =
such contempt for the law, it is difficult for the people to come to =
respect the law and seek protection under it.

The Burma Code, Volume viii, Penal Code

The SPDC's actions have breached a number of provisions of the Penal =
Code.  It along with the Criminal Procedure is codified in The Burma =
Code voloume viii.  The relevant Sections are those that cover the =
crimes of wrongful restraint and wrongful confinement (S 339-S 348, =
specifically S 339-S 341), adbuction and kidnap (S 359-S 374, =
specifically  S 362-S 363), of criminal force and assault (S 349-S 358, =
specifically S 349-S 352) and hurt (S 319-S 338, specifically S 319-S =
323).  +AFs-Please see appendic 1 for more information.+AF0-

The Burma Lawyers Council is pleased that world leaders have taken such =
a strong stand in supporting the people of Burma in their aspeirations =
of democracy and the rule of law and respectfully request that you =
continue to take such strong action, drawing particular attention to the =
violation of Daw Aung San Suu Kyi'sw leg al rights under Burmese law, =
and further petition the military rulers to ensure the operartion and =
safeguard the rule of law and that representations be made to U Aung =
Toe, the SPDC's Chief Justice.

Even in Burma if any person other than the military, or their =
subordinates, had committed such violations against Daw Aung San Suu =
Kyi, they would be charged and a prosecution would be brought against =
them according to the Penal Code.  We urge you to take any action you =
can to highlight this to the SPDC, and seeking the support of other =
salient organizations who can call for the law to be upheld.

For more information please contact the Burma Lawyers Council on (66) =
01-3081994.

Appendix 1

Wrongful restraint and Wrongful confinement

Sections 339 through to S 348 (specifically S 339-S 341) characterize =
the crimes of wrongful restraint and wronfgful confinement and specifies =
penalties which includes imprisonment.  On the 24th July 1998 as Daw =
Aung San Suu Kyi in company with U Hla Pe, Nyunt Shwe and Tun Myint was =
being driven along Rangoon-Nyaungdon-Pathein Road heading for the =
Ayeyawady Division.  At Anyarsu Village in Htantabin township they were =
stopped by security forces acting under the SPDC's orders and informed =
that tghey could not proceed to the Ayeyawady Division and that they =
must return to Rangoon.

Daw Aung San Suu Kyi protested and correctly refused to comply with =
their unlawful order and stayed put in the car.  On the days of the 25th =
and 26th July she tried to drive on and was again forciply prevented =
from proceeding by the security forces. =20

They are clearly responsible for restraining and the confining her, in =
both the ordinary sense and within the Penal Code meaning, i.e. the SPDC =
had Daw Aung San Suu Kyi and her party wrongfully restrained and =
wrongfully confined. =20

Abduction and Kidnap

On Wednesday 29th July the SPDC ordered the security forces to forcibly =
take Daw Aung San Suu Kyi back to Rangoon.  This was done by the =
forcible removal of NLD colleague U Hla Pe and the drivers Ny8unt Shwe =
and Tun Myint.  They then entered and held Daw Aung San Suu Kyi in the =
car.  She was physically held by a male security force person and forced =
to sit on his lap, whilst he encircled her with his arms as a restraint. =
 Two female security persons sat either side of her.  The security =
forces then drove her back to her compound in University Avenue Rangoon =
in this manner. =20

The Penal Code provides for the crime of abduction and kidnap and S 362 =
says clearly that +ACI-Whoever by force compels, or by an deceitful =
means induces, any person to go from any place is said to abduct that =
person.+ACI-  S 363 prescribes the penalty of imprisonment, with the =
option of an additional penalty by a fine. =20

It is self-evident that the military ordered her forcible return to =
Rangoon, which clearly can be characterized as an abduction/kidnap, =
within its Penal Code meaning. =20

Of Criminal Force +ACY- Assauslt

Sections 349 through to S 358, articulate the elemtns of criminal force =
and assault and prescribe penalties.  S 349, S 350, S 351 +ACY- S 352 =
have particular relevance to what happened in this situation.  S 349 =
+ACY- S 350 describe what is criminal force, which even at a cursory =
gance is what happened to Daw Aung San Suu Kyi.  S 351 characterizes a =
person's actions as deliberartely causisng another to apprehend that =
they are absout to be assaulted as criminal assault, while S 352 =
provides a penalty of a fine or imprisonment, or both.  By the Penal =
Code provisions and criminal law practice, it can be stated that an =
assault was occasioned upon Daw Aung San Suu Kyi.

Hurt

Sections 319 through to S 338, articulate the elements of hurt and =
prescribes penalties.  S 319 states very simply that +ACI-Whoever causes =
bodily pain, disease or infirmity to any person is said to cause =
hurt.+ACI-  S 320 characterizes some types of hurt as =
+ACI-grievous+ACI-, S 321 includes the notion of mens rea and S 322 =
includes actus reus (intention and the act) as conditions for the crime =
known +ACI-voluntarily to cause hurt+ACI-.  S 323 provides the penalty =
of a fine or imprisonment or both.  Again it is evident that Daw Aung =
San Suu Kyi in particular and her party were caused +ACI-hurt+ACI- in a =
number of ways.=20

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+ADw-META content+AD0AIg-text/html+ADs- charset+AD0-utf-7+ACI- =
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color+AD0AIw-000000+AD4-BURMA LAWYERS COUNCIL=20
CODEMNS UNLAWFUL ACTION OF =
SPDC+ADw-/FONT+AD4APA-/FONT+AD4APA-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT size+AD0-3+AD4APA-FONT face+AD0-Arial+AD4APA-FONT =
color+AD0AIw-000000+AD4AJg-nbsp+ADs-AGAINST DAW AUNG=20
SAN SUU KYI+ADw-/FONT+AD4APA-/FONT+AD4APA-/FONT+AD4APA-FONT =
color+AD0AIw-000000+AD4APA-FONT face+AD0-Arial+AD4APA-FONT=20
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+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 size+AD0-2+AD4AJg-nbsp+ADs- =
(August 1, 1998)+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 =
size+AD0-2+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The recent action taken against Daw Aung=20
San Suu Kyi, General Secretary of the National League for Democracy =
(NLD) by=20
Burma's military dictatorship, the State Peace and Development Council, =
has=20
again demonstrated to the people of Burma, their ASEAN neighbours and =
the=20
ibnternational community that they have no respect for the rule of law =
and no=20
regard for anything other than maintaining =
power.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The military's behaviour in blocking Daw=20
Aung San Suu Kyi, U Hla Pe fellow NLD Central Executive Committee member =
and=20
drivers Nyunt Shwe and Tun Myint, from driving to Ayeyawady Division on =
the=20
Nyaungdon-Pathein Road and the military's forcible return of them, has =
been=20
widely and loudly condemned by the international =
community.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Ms Madelaine Albright, the USA Secretary=20
of State, said that the military's actions were an =
+ACY-quot+ADs-unacceptable violation=20
of Daw Aung San Suu Kyi's human rights+ACY-quot+ADs-, which it clearly =
is by=20
international legal standards.+ACY-nbsp+ADs- It is moreover, an =
unacceptable violation=20
of Daw Aung San Suu Kyi's legal rights under Burmese =
law.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The BLC supports the pubnlic statements=20
by U Tin Oo, Chairman of the NLD's Legal Committee and NLD =
Vice-Chairman, that=20
she was kidnapped by security forces.+ACY-nbsp+ADs- It is disturbing =
that this was done=20
under the direct orders of the SPDC.+ACY-nbsp+ADs- We therefore urge the =
SPDC's Chief=20
Justice U Aung Toe to give inbdependent and serious consideration to =
legal=20
petitions submitted to him regarding this case.+ACY-nbsp+ADs- =
+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The BLC draws your attention to The=20
Burma Code, a 13-volume compendium of Burmese law.+ACY-nbsp+ADs- Volume =
viii=20
articulates+ACY-nbsp+ADs- Burma's criminal law, including the Penal and =
Criminal=20
Procedure Codes.+ACY-nbsp+ADs- It is the BLC's submission that the =
SPDC's actions are=20
extra-legal and in flagrant violation of the Penal Code.+ACY-nbsp+ADs- =
+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-If of course Biurma's military subjected=20
themselves to the law, which is the will of the people, they would be =
charged=20
under the Penal Code.+ACY-nbsp+ADs- The Penal Code is still in operation =
inside Burma,=20
sometimes applied for proper purposes, other times to consolidate the =
military's=20
power+ADs- but never do the generals consider that it should apply to =
them or their=20
selected friends.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The SPDC's Foreign Affairs Minister Ohn=20
Kyaw periodically informs the international community that Burma, under =
military=20
rule, has a common law systeml upholds the rule of law and has no human =
rights=20
violations.+ACY-nbsp+ADs- Evidence of course demonstrates the =
contrary+ADs- however we ask=20
you to entreat the military to uphold the law and remind them that they =
have=20
themselves wantonly and recklessly violated it.+ACY-nbsp+ADs- If those =
in power show=20
such contempt for the law, it is difficult for the people to come to =
respect the=20
law and seek protection under it.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The Burma Code, Volume viii, Penal=20
Code+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The SPDC's actions have breached a=20
number of provisions of the Penal Code.+ACY-nbsp+ADs- It along with the =
Criminal=20
Procedure is codified in The Burma Code voloume viii.+ACY-nbsp+ADs- The =
relevant=20
Sections are those that cover the crimes of wrongful restraint and =
wrongful=20
confinement (S 339-S 348, specifically S 339-S 341), adbuction and =
kidnap (S=20
359-S 374, specifically+ACY-nbsp+ADs- S 362-S 363), of criminal force =
and assault (S=20
349-S 358, specifically S 349-S 352) and hurt (S 319-S 338, specifically =
S 319-S=20
323).+ACY-nbsp+ADs- +AFs-Please see appendic 1 for more =
information.+AF0APA-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The Burma Lawyers Council is pleased=20
that world leaders have taken such a strong stand in supporting the =
people of=20
Burma in their aspeirations of democracy and the rule of law and =
respectfully=20
request that you continue to take such strong action, drawing particular =

attention to the violation of Daw Aung San Suu Kyi'sw leg al rights =
under=20
Burmese law, and further petition the military rulers to ensure the =
operartion=20
and safeguard the rule of law and that representations be made to U Aung =
Toe,=20
the SPDC's Chief Justice.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Even in Burma if any person other than=20
the military, or their subordinates, had committed such violations =
against Daw=20
Aung San Suu Kyi, they would be charged and a prosecution would be =
brought=20
against them according to the Penal Code.+ACY-nbsp+ADs- We urge you to =
take any action=20
you can to highlight this to the SPDC, and seeking the support of other =
salient=20
organizations who can call for the law to be =
upheld.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-For more information please contact the=20
Burma Lawyers Council on (66) 01-3081994.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Appendix 1+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Wrongful restraint and Wrongful=20
confinement+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Sections 339 through to S 348=20
(specifically S 339-S 341) characterize the crimes of wrongful restraint =
and=20
wronfgful confinement and specifies penalties which includes =
imprisonment.+ACY-nbsp+ADs-=20
On the 24th July 1998 as Daw Aung San Suu Kyi in company with U Hla Pe, =
Nyunt=20
Shwe and Tun Myint was being driven along Rangoon-Nyaungdon-Pathein Road =
heading=20
for the Ayeyawady Division.+ACY-nbsp+ADs- At Anyarsu Village in =
Htantabin township they=20
were stopped by security forces acting under the SPDC's orders and =
informed that=20
tghey could not proceed to the Ayeyawady Division and that they must =
return to=20
Rangoon.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Daw Aung San Suu Kyi protested and=20
correctly refused to comply with their unlawful order and stayed put in =
the=20
car.+ACY-nbsp+ADs- On the days of the 25th and 26th July she tried to =
drive on and was=20
again forciply prevented from proceeding by the security=20
forces.+ACY-nbsp+ADsAJg-nbsp+ADsAPA-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-They are clearly responsible for=20
restraining and the confining her, in both the ordinary sense and within =
the=20
Penal Code meaning, i.e. the SPDC had Daw Aung San Suu Kyi and her party =

wrongfully restrained and wrongfully confined.+ACY-nbsp+ADs- =
+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Abduction and Kidnap+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-On Wednesday 29th July the SPDC ordered=20
the security forces to forcibly take Daw Aung San Suu Kyi back to =
Rangoon.+ACY-nbsp+ADs-=20
This was done by the forcible removal of NLD colleague U Hla Pe and the =
drivers=20
Ny8unt Shwe and Tun Myint.+ACY-nbsp+ADs- They then entered and held Daw =
Aung San Suu Kyi=20
in the car.+ACY-nbsp+ADs- She was physically held by a male security =
force person and=20
forced to sit on his lap, whilst he encircled her with his arms as a=20
restraint.+ACY-nbsp+ADs- Two female security persons sat either side of =
her.+ACY-nbsp+ADs- The=20
security forces then drove her back to her compound in University Avenue =
Rangoon=20
in this manner.+ACY-nbsp+ADs- +ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-The Penal Code provides for the crime of=20
abduction and kidnap and S 362 says clearly that +ACY-quot+ADs-Whoever =
by force compels,=20
or by an deceitful means induces, any person to go from any place is =
said to=20
abduct that person.+ACY-quot+ADsAJg-nbsp+ADs- S 363 prescribes the =
penalty of imprisonment,=20
with the option of an additional penalty by a =
fine.+ACY-nbsp+ADsAJg-nbsp+ADsAPA-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-It is self-evident that the military=20
ordered her forcible return to Rangoon, which clearly can be =
characterized as an=20
abduction/kidnap, within its Penal Code =
meaning.+ACY-nbsp+ADsAJg-nbsp+ADsAPA-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Of Criminal Force +ACY-amp+ADs-=20
Assauslt+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Sections 349 through to S 358,=20
articulate the elemtns of criminal force and assault and prescribe=20
penalties.+ACY-nbsp+ADs- S 349, S 350, S 351 +ACY-amp+ADs- S 352 have =
particular relevance to=20
what happened in this situation.+ACY-nbsp+ADs- S 349 +ACY-amp+ADs- S 350 =
describe what is=20
criminal force, which even at a cursory gance is what happened to Daw =
Aung San=20
Suu Kyi.+ACY-nbsp+ADs- S 351 characterizes a person's actions as =
deliberartely causisng=20
another to apprehend that they are absout to be assaulted as criminal =
assault,=20
while S 352 provides a penalty of a fine or imprisonment, or =
both.+ACY-nbsp+ADs- By the=20
Penal Code provisions and criminal law practice, it can be stated that =
an=20
assault was occasioned upon Daw Aung San Suu =
Kyi.+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Hurt+ADw-/FONT+AD4APA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4APA-/FONT+AD4AJg-nbsp+ADsAPA-/DIV+AD4-
+ADw-DIV+AD4APA-FONT color+AD0AIw-000000 face+AD0AIgAi- =
size+AD0-3+AD4-Sections 319 through to S 338,=20
articulate the elements of hurt and prescribes penalties.+ACY-nbsp+ADs- =
S 319 states=20
very simply that +ACY-quot+ADs-Whoever causes bodily pain, disease or =
infirmity to any=20
person is said to cause hurt.+ACY-quot+ADsAJg-nbsp+ADs- S 320 =
characterizes some types of hurt=20
as +ACY-quot+ADs-grievous+ACY-quot+ADs-, S 321 includes the notion of =
mens rea and S 322=20
includes actus reus (intention and the act) as conditions for the crime =
known=20
+ACY-quot+ADs-voluntarily to cause hurt+ACY-quot+ADs-.+ACY-nbsp+ADs- S =
323 provides the penalty of a=20
fine or imprisonment or both.+ACY-nbsp+ADs- Again it is evident that Daw =
Aung San Suu=20
Kyi in particular and her party were caused =
+ACY-quot+ADs-hurt+ACY-quot+ADs- in a number of=20
ways.+ACY-nbsp+ADsAPA-/FONT+AD4APA-/DIV+AD4APA-/BODY+AD4APA-/HTML+AD4-

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