US embassy cable - 04RANGOON1049

C O N F I D E N T I A L RANGOON 001049 
 
SIPDIS 
 
STATE FOR EAP/BCLTV; PACOM FOR FPA 
 
E.O. 12958: DECL: 08/15/2014 
TAGS: PREL, PGOV, BM, NLD, ASSK 
SUBJECT: BURMA: NLD APPEALS TO HIGH COURT TO FREE ASSK, 
REOPEN PARTY OFFICES 
 
REF: A. RANGOON 1035 
     B. RANGOON 924 
 
Classified By: CDA, a.i. Ron McMullen for Reasons 1.4 (b,d) 
 
1. (C) Summary:  The National League for Democracy (NLD) on 
August 16 initiated a legal maneuver requesting that Burma's 
High Court order the GOB to release ASSK and U Tin Oo and to 
allow the party to reopen its offices.  NLD leaders are under 
no illusion that the effort will force the regime to respond. 
 Nonetheless, the party's quiet action could create a modicum 
of internal pressure on the GOB to deal with a democracy 
movement it has all but ignored for the past three months. 
End Summary. 
 
2. (C) NLD CEC member and party spokesman U Lwin met on 
August 16 with the A/DCM to inform the Embassy that his party 
was in the process of filing an appeal before Burma's High 
Court seeking the release of NLD leaders Aung San Suu Kyi 
(ASSK) and U Tin Oo and the reopening of NLD party offices 
throughout Burma.  The Burmese regime has for the past 15 
months detained the two NLD leaders and kept shuttered all 
NLD party offices outside of Rangoon. 
 
3. (C) According to U Lwin, on August 16 NLD Chairman U Aung 
Shwe and party lawyers began efforts to file a request in 
person before the High Court in Rangoon, while regional party 
officials undertook a simultaneous effort before the High 
Court in Mandalay.  The Rangoon request addressed 
specifically the detention of ASSK and U Tin Oo, who are 
under house arrest in the capital city, and the status of 
party offices throughout Lower Burma.  The action at the High 
Court in Mandalay, which has jurisdiction over civil matters 
in Upper Burma, dealt with the status of party offices in 
that region. 
 
4. (C) U Lwin emphasized that the NLD was not suing the GOB, 
but rather was requesting that the High Court intervene "to 
correct illegal acts undertaken by the regime."  The party, 
in an effort that parallels the objectives of an ongoing 
petition drive (ref B), is seeking relief under a civil code 
"Specific Relief Act" that gives the High Court the authority 
"to make an order requiring any specific act to be done... by 
any person holding a public office."  In other words, through 
its legal requests, the NLD wants to High Court to tell the 
GOB that it has no legal basis either to keep party offices 
closed or to continue holding ASSK and U Tin Oo under house 
arrest. 
 
5. (C) Comment:  The NLD has previously used legal tactics to 
advance political efforts or to stymie the regime's 
harassment and intimidation, including ongoing efforts to 
defend ASSK against politically-motivated civil and criminal 
suits initiated by a disgruntled brother and cousin, 
respectively.  NLD leaders are under no illusion that 
invoking the "Specific Relief Act" will force the GOB to 
allow the party to resume where it left off prior to the May 
2003 Depeyin attack.  Indeed, U Lwin acknowledged that High 
Court officials might refuse to accept the NLD petition (in 
which case the NLD plans to drop the requests in the mail and 
issue a press statement drawing attention to their actions). 
Nonetheless, the effort could create a modicum of internal 
pressure on the GOB to deal with a democracy movement it has 
all but ignored for the past three months.  End comment. 
McMullen