Laws, decrees, bills and regulations relating to the judiciary (commentaries)

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Description: "The majority of lawmakers voted on Monday to defeat a bid by Myanmar’s military-backed former ruling party and military-appointed lawmakers’ to impeach the Parliament’s house speaker over his handling of the constitutional reform process. A total of 243 members of the Lower House (62 percent of those in attendance) voted down the proposal by the Union Solidarity and Development Party (USDP) and military appointees to remove Union Parliament Speaker U T Khun Myat. The accusation alleged that he violated the Constitution and parliamentary laws by favoring Daw Aung San Suu Kyi’s government in its Charter reforms attempts, launched last year, and also on several other occasions. Military-appointed lawmaker Lieutenant Colonel Myo Htet Win said that the speaker broke the law by allowing the National League for Democracy (NLD) to submit an urgent proposal to form the Constitutional Amendment Committee in January 2019 and by blocking full parliamentary debate on charter amendment proposals submitted by military lawmakers and the USDP. “The head of the legislative body’s failure to abide by the law harms the Parliament’s image,” the lieutenant colonel said. In addition to accusing the speaker of thwarting debate on their charter-amendment proposals, the USDP and military-appointed lawmakers also accused U T Khun Myat of misusing his power to deny some of their motions on Monday during debate over their impeachment proposal..."
Creator/author:
Source/publisher: "The Irrawaddy" (Thailand)
2020-06-01
Date of entry/update: 2020-06-01
Grouping: Individual Documents
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Sub-title: It is the first attempt to impeach a speaker in a decade
Description: "The military-aligned Union Solidarity and Development Party (USDP) filed a motion on Thursday to impeach the NLD-backed lower house and assembly speaker T Khun Myat - the first time in a decade lawmakers have sought to impeach a speaker. The motion was signed by 110 MPs and submitted to deputy speaker Tun Tun Hein on Wednesday, then discussed the next day when T Khun Myat was absent. Tun Tun Hein chaired the discussions in his place. The signatories have not yet been announced, though most or all are USDP or military MPs. T Khun Myat’s 2018 bid for speakership was backed by the NLD government. Military-appointed MPs and the USDP make up the NLD’s largest opposition in parliament. Sai Tun Sein, a USDP MP and signatory to the motion, accused T Khun Myat of permitting multiple constitutional violations as speaker. He called the speaker’s approval of NLD attempts to amend the union charter while blocking several USDP and military amendment proposals “unconstitutional.” The speaker’s rejection of USDP lower house MP Maung Myint’s proposal to convene the National Defence and Security Council to address the Covid-19 crisis also went against the charter, he said. Sai Tun Sein also voiced concerns that a USDP proposal to lower the price of electricity rates after the NLD raised was blocked by the speaker..."
Source/publisher: "Myanmar Now" (Myanmar)
2020-05-29
Date of entry/update: 2020-05-29
Grouping: Individual Documents
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Sub-title: Lei Lei Maw’s family home in Thayet Chaung will also be seized by the state
Description: "A court handed a 30-year prison sentence on Friday to the former chief minister of Tanintharyi region, more than a year after she was arrested on bribery and corruption charges. Lei Lei Maw sold her house to the Global Grand Services (GGS) company for 200m kyat, well above its market value, and gave the firm several public contracts in return, the Anti-Corruption Commission said. She also gave the F-22 Sunny Construction company 400m kyat, roughly $263,000, just to remove some bushes outside of Dawei airport. She did so without calling a tender or holding a cabinet meeting. The Tanintharyi Region Court also sentenced three former GGS company officials to between five and ten years in prison on Friday. They are managing director Thein Htwe, company director Aung Myat and manager Thura Ohn. Lei Lei Maw was hit with four charges under section 55 of the Anti-Corruption Law in March last year after a one-month probe into her conduct. They also found that she abused her power by allocating almost two billion kyat in public money to the Road Management Department without following official procedures..."
Source/publisher: "Myanmar Now" (Myanmar)
2020-05-22
Date of entry/update: 2020-05-23
Grouping: Individual Documents
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Description: "Myanmar’s political transition from military authoritarianism to an evolving parliamentary system has gained worldwide attention and praise. Local and international scepticism regarding the flawed national elections of November 2010 gave way to outright optimism once the by-elections of April 2012 brought representatives from the opposition party National League for Democracy into the bi-cameral national as well as two federal parliaments. In particular, Nobel Laureate Daw Aung San Suu Kyi’s metamorphosis from long-term political prisoner into national parliamentarian was seen as key evidence of the government’s sincerity in its reform agenda. Since then, the country has embarked on a journey towards fundamental change, encountering severe challenges, setbacks, and renewed criticism but also encouraging developments. This Panorama edition analyses the focal areas of institution-building, principal actors and long-term processes that will hopefully lead toward a democratic, federal state. While development cooperation practitioners and experts in political transitions toil to draw up plans, programmes and budgets, Myanmar’s government and parliaments face an impatient population demanding an end to underdevelopment, poverty, corruption, armed conflict and oppression of dissent, so that there can be focus on daily bread-and-butter issues..."
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Source/publisher: "Panorama Insights into Asian and European Affairs" via "Academia.edu" (USA)
2013-00-00
Date of entry/update: 2020-01-09
Grouping: Individual Documents
Language:
Format : pdf
Size: 2.15 MB (146 pages)
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Sub-title: Five group members get one-year terms under law that bans information that endangers or demoralises military
Description: "A court in Myanmar has sentenced five members of a traditional theatrical troupe to a year in prison for their gibes about the military. The members of the Peacock Generation thangyat troupe were arrested in April for performances during celebrations of Myanmar’s traditional new year in which they poked fun at military representatives in parliament and military involvement in business. The military is a powerful political force in Myanmar even though the country has an elected government. Thangyat combines dance and music with verse that often has a satirical edge. The five were convicted on Wednesday under a law prohibiting the circulation of information that could endanger or demoralise members of the military. “This is an appalling verdict. Punishing people for performing a piece of satire speaks volumes about the dire state of freedom of expression in Myanmar,” said Joanne Mariner, research director for southeast Asia for the human rights organisation Amnesty International..."
Source/publisher: "Associated Press" (USA) via "The Guardian" (UK)
2019-10-31
Date of entry/update: 2019-11-01
Grouping: Individual Documents
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Topic: criminal justice, justice, Union Attorney General's Office, constitution, Anti-Corruption Commission
Sub-title: The “law officers” who prosecute criminal cases in Myanmar should be important players in determining which cases go to trial, but their role – and the informal pressures they face to either drop or proceed with charges – receive little public scrutiny.
Topic: criminal justice, justice, Union Attorney General's Office, constitution, Anti-Corruption Commission
Description: "IT IS not widely known that prosecutors in criminal cases, known as “law officers”, are not under the Tatmadaw, who control the police, but answer ultimately to the president. As frontline staff of the Office of the Union Attorney General, they are – on paper, at least – the main players in identifying and recommending cases that are brought before a court. But their role is seldom mentioned in discussions of the criminal justice system and its failings, which the civilian government often claims to have little influence over. The 2008 Constitution gives the president the power to appoint a cabinet-level attorney general for a five-year term whose role is to provide legal advice, assign duties on legal matters – such as the scrutiny of proposed laws – and report back to the president. Under the attorney general are the deputy attorney general, the regional and state advocates general, and the law officers, who serve at courts. The advocates general appointed by state and regional chief ministers have similar powers to that of the attorney general. The “gatekeeper” role of the law officer is specified under an order issued by the attorney general in 2016. After conducting their investigation, the police transfer the evidence – primarily the First Information Report and witness statements – to the relevant law office. A law officer reviews the evidence and if they decide the evidence is strong enough to present in court, they transfer it to the relevant court. Alternatively, they can send it back to the police recommending either they investigate further or close the case completely. In September 2018, the Anti-Corruption Commission brought charges against Yangon Region Advocate General U Han Htoo and five other officials, including a judge, over allegations that they had accepted more than K70 million in cash and kind to withdraw charges against three suspects in the alleged murder of Facebook comedian Aung Yell Htwe. The case continues at the Yangon Region High Court. The charges under the Anti-Corruption Law carry maximum prison sentences of between 10 and 15 years..."
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Source/publisher: "Frontier Myanmar" (Myanmar)
2019-10-16
Date of entry/update: 2019-10-16
Grouping: Individual Documents
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Sub-title: Reform of the 1959 Defence Services Act is a necessary step to address ongoing military impunity. The case of Ko Par Gyi’s killing should be reopened to satisfy the State’s international law obligations and deter repetition of serious crimes by soldiers.
Description: "Five years after the death of journalist Ko Par Gyi, the ICJ calls on the Government of Myanmar to reform the 1959 Defence Services Act, which was used to shield soldiers from accountability for involvement in his killing. “The case is emblematic of the 1959 Defence Services Act being used to enable impunity for human rights violations by soldiers throughout Myanmar, by transferring to military courts the authority to investigate and prosecute serious crimes against civilians,” said Frederick Rawski, Asia Pacific Region Director for the ICJ. “Impunity for Ko Par Gyi’s death is another example of this law being used to shield soldiers from accountability for serious crimes,” added Rawski. “Legislators should reform the 1959 law to enable the public criminal prosecution of soldiers for serious crimes in all circumstances, and take other steps to address the accountability gap.” After being detained by police in Mon State and transferred into military detention on 30 September 2014, Ko Par Gyi died four days later in the custody of Tatmadaw soldiers. Unceremoniously buried in a shallow grave, Ko Par Gyi’s death was hidden from his family and the public for weeks. Nobody has been held accountable for his death and his family lacks access to redress, including their right to know the truth..."
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Source/publisher: "International Commission of Jurists" (Switzerland)
2019-10-04
Date of entry/update: 2019-10-06
Grouping: Individual Documents
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Description: "What are trademarks? Under the new Myanmar Trademark Law 2019, trademarks are defined as any visually perceptible sign that distinguishes the goods or services of one undertaking from those of other undertakings. This includes an individual’s personal name, letters, numerals, graphical representations, and combinations of colors. Nevertheless, it is important to note that not all trademarks are registrable. For example, an application to register trademarks that are deemed to lack distinctiveness, or are directly descriptive of goods or services, will be refused. An application may also be rejected if the trademark is applied for in bad faith, or is identical or confusingly similar to a third party’s trademark. I have already registered my trademarks in my home country. Why do I need to file new applications in Myanmar? Trademark rights are territorial in nature. This means that the ownership of a registered trademark in another country will not be sufficient for you to establish grounds for trademark infringement, if your trademark is used by an unauthorized third party in Myanmar. If you are using (or if you are planning to use) your trademark in Myanmar, it is highly recommended for trademark protection to be sought here. You may also wish to consult your trademark agent on the possibility of claiming the priority date of your foreign trademark applications in Myanmar..."
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Source/publisher: "LEXOLOGY"
2019-09-25
Date of entry/update: 2019-09-25
Grouping: Individual Documents
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Description: "A Kachin rights activist found guilty of violating the Peaceful Assembly Law received an additional sentence of three months in prison on Friday for giving a set of broken scales to a judge in Myitkyina Township Court. Ko Paul was sentenced to 15 days imprisonment on Sept. 2 for violating Article 19 of the Peaceful Assembly Law. When the sentence was handed down, he gave Judge U Than Tun a set of broken scales to show his dissatisfaction with the sentence. The judge responded by filing a lawsuit against Ko Paul for disturbing the duties of a civil servant and for insulting and disrespecting the court. “I gave him broken scales to represent the collapse of the judiciary in this country. The scales of justice in this country are broken. For that, I’ve been sentenced to three months imprisonment. This shows Kachin State, the country and the world that there is no justice,” Ko Paul said after leaving the court and before he was escorted to Myitkyina Prison..."
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Source/publisher: "The Irrawaddy"
2019-09-06
Date of entry/update: 2019-09-06
Grouping: Individual Documents
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Description: "Kachin youth activists Pau Lu and Seng Nu Pan were sentenced to 15 days’ imprisonment by the Myitkyina Township Court in the Kachin State capital on September 2 for their role in organising a street performance to mark the eighth anniversary of the resumption of fighting in Kachin State. The jail term was imposed after the pair declined the option of paying a K30,000 fine. A photo of Pau Lu handing the judge a broken scale after the verdict was handed down was widely shared on Facebook. The sentencing came after nearly three months of weekly court appearances by the pair, who were charged on June 10 by Myitkyina Township police under section 19 of the Peaceful Assembly and Peaceful Procession Law over what police claimed was an unauthorised protest the previous day. The event in question was a street theatre performance, which included a re-enactment of the aerial bombing of Kachin villages by the Tatmadaw. The performance was staged by youth displaced by conflict after the collapse in 2011 of a ceasefire signed by the Tatmadaw and the Kachin Independence Army in 1994. Pau Lu and Seng Nu Pan had informed the authorities of the plan to hold the anniversary event more than 48 hours in advance, as required by law, but police arrived at the venue, Sein Mya Ayeyar Park in Myitkyina’s Yuzana Quarter, on June 9 and said the notification was incomplete because it did not mention the drama performance. After a heated argument, the event was relocated to People’s Square in downtown Myitkyina..."
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Source/publisher: "Frontier Myanmar"
2019-09-05
Date of entry/update: 2019-09-04
Grouping: Individual Documents
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Sub-title: U Kyaw Tin, Union minister of International Cooperation, submitted the Optional Protocol to the Convention on the Rights of the Child to the Pyidaungsu Hluttaw (Assembly of the Union) on Wednesday.
Description: "“The objective of the protocol is to protect children from being recruited and used in armed conflicts. It is a very important international protocol in protecting children’s rights,” he said. In ratifying it, Myanmar would promise to protect children’s rights during armed conflicts in accordance with international law, he said. “By entering into this protocol, we can promote Myanmar’s image in the international community, and it will help us remove our country’s name from the list of those that use child soldiers,” he said. It would also protect citizenship rights. “We will have to implement legal arrangements and other plans, and educate children and other underage people about this,” he said. He also said that appropriate plans are needed to release those children forcibly recruited as soldiers, he said. “Appropriate support is needed for the physical and mental rehabilitation and re-entry into society of the released children,” said U Kyaw Tin..."
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Source/publisher: "Myanmar Times"
2019-08-30
Date of entry/update: 2019-08-31
Grouping: Individual Documents
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Sub-title: Thailand court upholds executions for migrant workers in rape and killings of two British holiday-makers in 2014.
Description: "Thailand's top court upheld death sentences for two Myanmar migrant workers in a final appeal against their convictions for murdering two British backpackers on a holiday island in a case tainted by allegations of mismanagement. Wai Phyo and Zaw Lin denied killing David Miller and raping and killing Hannah Witheridge. Their battered bodies were found on the morning of September 15, 2014, on a beach on the island of Koh Tao in the Gulf of Thailand. The men displayed no emotion on Thursday as they listened intently to a translator while the verdict was read at a court in the province of Nonthaburi, just north of Bangkok, the capital. "The Supreme Court upholds the verdict from the first court and the appeal court," a judge told the pair. The men's legal team said it would seek a royal pardon within 60 days, as provided in Thai law. Lawyers for the two convicted men said the evidence in the case was mishandled and they made confessions under duress that they later retracted, raising questions about police competence and the judicial system in Thailand..."
Source/publisher: "Al Jazeera"
2019-08-29
Date of entry/update: 2019-08-29
Grouping: Individual Documents
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Description: ''Prior to this workshop, on 6 April the ICJ met with the Mon State High Court, including its Chief Justice. Legal advisers from the ICJ had a constructive discussion with the justices about judicial reform in Myanmar, including the role of lawyers and civil society, as well as jurists, in advancing accountability and access to justice. The two-day workshop aimed to identify challenges and opportunities for human rights advocacy using law, and to encourage the building of relationships and networks between lawyers and civil society. The workshop considered strategic litigation concepts and case studies in the region. It also discussed the landscape of rule of law and justice in Myanmar, particularly the experiences regarding access to justice of some sixty participants from Mon State. The sessions were introduced by international and national experts and leaders from partner CSOs, followed by interactive discussions where participants contributed their own observations and experiences. Sean Bain, ICJ International Legal Adviser recognized in his opening statement that the formal justice system in Myanmar was making moves toward reform, offering new opportunities for legal advocacy for human rights across issues...''
Source/publisher: International Commission of Jurists (ICJ)
2018-04-09
Date of entry/update: 2019-02-01
Grouping: Individual Documents
Language: English
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Description: "The intention of this paper is to provide an introduction to the law and legal system of the Republic of the Union of Myanmar (Myanmar). Based on common legal texts, the paper highlights the main sources of law and legal institutions, in particular the judiciary and the legal profession. The paper also reviews the structure of the judicial system through different time periods, describes judicial appointments in the highest courts, and summarises key processes in civil and criminal practice and procedure. A brief bibliography is provided at the end of the paper..."
Creator/author: Nang Yin Kham
Source/publisher: National University of Singapore
2014-03-00
Date of entry/update: 2015-10-09
Grouping: Individual Documents
Language: English
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Description: Lawyers continue to encounter impediments to the exercise of their professional functions and freedom of association, as well as pervasive corruption, although they have been able to act with greater independence, says the ICJ in a new report launched today. Right to Counsel: The Independence of Lawyers in Myanmar – based on interviews with 60 lawyers in practice in the country – says authorities have significantly decreased their obstruction of, and interference in, legal processes since the country began political reforms in 2011. ?The progress made in terms of freedom of expression and respect for the legal process is very visible,? said Sam Zarifi, ICJ Asia-Pacific director. ?But despite the improvements, lawyers still face heavy restrictions and attacks on their independence, which can result in uncertainty and fear, particularly when it comes to politically sensitive issues.? Systemic corruption continues to affect every aspect of a lawyer?s career and, as a result, is never absent from lawyers? calculations vis-?-vis legal fees, jurisdictions and overall strategy. ?Corruption is so embedded in the legal system that it is taken for granted,? Zarifi said. ?When the public also generally assumes that corruption undermines the legal system, this severely weakens the notion of rule of law.? ?Lawyers in Myanmar, as elsewhere, play an indispensable role in the fair and effective administration of justice,? Zarifi added. ?This is essential for the protection of human rights in the country and the establishment of an enabling environment for international cooperation towards investment and development.? But lawyers in Myanmar lack an independent Bar Council, the report says, noting that the Myanmar Bar Council remains a government-controlled body that fails to adequately protect the interests of lawyers in the country and promote their role in the fair and effective administration of justice. The ICJ report shows that other multiple long-standing and systemic problems affect the independence of lawyers, including the poor state of legal education and improper interferences on the process of licensing of lawyers. In its report, which presents a snapshot of the independence of lawyers in private practice in Myanmar in light of international standards and in the context of the country?s rapid and on-going transition, the ICJ makes a series of recommendations: The Union Attorney-General and Union Parliament should significantly reform the Bar Council to ensure its independence; The Union Attorney-General and Union Parliament should create a specialized, independent mechanism mandated with the prompt and effective criminal investigation of allegations of corruption; The Ministry of Education should, in consultation with the legal profession, commit to improving legal education in Myanmar by bolstering standards of admission to law school, law school curricula, and instruction and assessment of students.
Source/publisher: International Commission of Jurists (ICJ)
2013-12-03
Date of entry/update: 2013-12-09
Grouping: Individual Documents
Language: English
Format : pdf
Size: 462.96 KB
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Description: "On 22 May 2003 Amnesty International submitted a 29-page memorandum to the State Peace and Development Council (SPDC, Myanmar?s military government), in order to provide the SPDC with the opportunity to comment on and to clarify various issues about the administration of justice raised in the document. The Memorandum reflected the organization?s findings during its first visit to the country from 30 January to 8 February 2003, and drew on its institutional knowledge and expertise about both international human rights standards and human rights in Myanmar. The text of the original Memorandum has now been updated to reflect comments from the SPDC, which were received by Amnesty International on 9 July 2003. The updated Memorandum forms the text of this document, along with a summary of the current human rights situation in Myanmar... Since the submission of the Memorandum to the SPDC on 22 May, political tensions escalated sharply during a National League for Democracy (NLD) tour of Upper Myanmar, culminating in a violent attack on NLD leaders on 30 May. What follows below is a summary of both the attack and the subsequent deterioration in the human rights situation in Myanmar. Daw Aung San Suu Kyi, NLD General Secretary, U Tin Oo, NLD Vice Chairman, and other NLD members had been travelling in Upper Myanmar, with the prior permission of the SPDC, during the month of May. As larger and larger crowds gathered to see the NLD leaders, tension increased between the NLD and the Union Solidarity Development Association (USDA), an organization established, organized, and supported by the SPDC.(1) NLD members and supporters were reportedly harassed, intimidated, and threatened by USDA members in various locations as they attempted to conduct their legitimate political party activities, including giving speeches and opening local NLD offices. However the SPDC reportedly did very little to diffuse tensions between the USDA and the NLD. While Amnesty International acknowledges the universal right to peacefully assemble and conduct protest demonstrations, the actions of the USDA went beyond such non-violent expressions of dissent. .."
Source/publisher: Amnesty International
2003-07-30
Date of entry/update: 2010-11-19
Grouping: Individual Documents
Language: English
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