US embassy cable - 03RANGOON1653

C O N F I D E N T I A L RANGOON 001653 
 
SIPDIS 
 
STATE ALSO FOR EAP/BCLTV; 
USPACOM FOR FPA 
 
E.O. 12958: DECL: 12/29/2013 
TAGS: PGOV, PHUM, BM, ASSK, NLD, Human Rights 
SUBJECT: NLD LEADERS FORMING LEGAL CASE TO RELEASE ASSK 
 
REF: RANGOON 1574 AND PREVIOUS 
 
Classified By: CDA, a.i. Ronald McMullen for Reasons 1.5 (B,D) 
 
1. (C) Summary:  According to NLD sources, released CEC 
members are consulting with party lawyers on building a 
possible legal case to press for the release of ASSK and 
other NLD officials.  Using Burma's opaque court system is 
unlikely to get the SPDC to budge, but legal action could 
generate renewed domestic attention to the plight of the NLD 
movement, if not indirect pressure on the regime to deal with 
ASSK.  End summary. 
 
2. (C) We met briefly on December 30 with NLD senior official 
U Nyunt Wei to pass on holiday greetings and discuss recent 
developments.  The five NLD Central Executive Committee (CEC) 
members released in late November continue to meet on a daily 
basis to discuss party business and strategies.  Although 
military intelligence (MI) officers merely surveilled our 
meeting with U Nyunt Wei from a polite distance, they 
outright rebuffed our attempts on the same day to visit NLD 
Chairman U Aung Shwe and family members of NLD Vice Chairman 
U Tin Oo.  Both of the latter NLD leaders have been detained 
since the May 30 Depeyin attack (U Aung Shwe is under house 
arrest in Rangoon and U Tin Oo is in a Sagaing Division 
prison). 
 
3. (C) According to NLD sources, the released members of the 
NLD CEC are consulting with party lawyers and building a 
legal case to press the SPDC to free their colleagues.  In 
addition to U Aung Shwe and U Tin Oo, NLD General Secretary 
Aung San Suu Kyi and NLD Secretary (and spokesperson) U Lwin 
remain under house in Rangoon. 
 
4. (C) U Nyunt Wei told us that the legal tact stems in part 
from press reports that the SPDC claims to have extended an 
invitation to the NLD to attend an imminent National 
Convention.  "There has been no such invitation," U Nyunt Wei 
said, "but should there be one, we will insist that we must 
be able to consult with our leadership in order to form an 
official reply."  U Nyunt Wei added that while the released 
NLD CEC members are able to meet together and move about 
Rangoon, they are still precluded from meeting or 
communicating with ASSK. 
 
5. (C) U Nyunt Wei also said that the "CEC Five" had recently 
sent letters to participants in the December 15 
Thai-sponsored Burma meeting.  The released leaders have 
requested debriefings on the Bangkok discussions and they 
have to date received affirmative replies from the French and 
the Italians.  U Nyunt Wei noted that the CEC request to the 
Chinese Embassy was their second such correspondence, the 
first was sent in early December at our suggestion as a means 
to engage the Chinese, but the NLD had to date received no 
official reply to either letter. 
 
6. (C) Comment:  Despite the legal merits of addressing the 
prolonged detention and house arrest of NLD leaders, using 
Burma's opaque, Dickensian court system to seek the release 
of ASSK and her colleagues is unlikely to get the SPDC to 
budge.  However, ASSK has employed this tactic before and 
successfully put the regime on the defensive.  It is probable 
she has personally directed the released CEC members to 
consult with the lawyers on making a possible legal case.  In 
the absence of any visible progress in the rumored, but 
unconfirmed, "secret" dialogue between ASSK and the SPDC 
generals, a court case would generate renewed domestic 
attention to the plight of the NLD movement, if not indirect 
pressure on the regime to deal with ASSK.  End comment. 
McMullen