US embassy cable - 04RANGOON1647

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 001647 
 
SIPDIS 
 
STATE FOR EAP/BCLTV; PACOM FOR FPA 
 
E.O. 12958: DECL: 12/28/2014 
TAGS: PREL, PGOV, PHUM, PINR, BM, ASSK, Human Rights 
SUBJECT: BURMA: GOB AFFIRMS THAT ASSK WILL REMAIN ISOLATED 
IN DETENTION 
 
REF: A. RANGOON 1643 
     B. RANGOON 1612 AND PREVIOUS 
     C. RANGOON 1530 AND PREVIOUS 
 
Classified By: COM Carmen Martinez for Reasons 1.4 (b,d) 
 
1. (C) Summary:  The new Minister of Home Affairs, offering 
the first official GOB word on the current status of Aung San 
Suu Kyi's detention, says that ASSK and NLD Vice Chairman U 
Tin Oo are no longer considered held "in protective custody," 
but rather are detained under a specific provision of law 
which allows detention without trial and prohibits any 
contact with outside parties.  The Minister also claims that 
ASSK herself had requested the recent removal of her personal 
bodyguards from her compound.  The SPDC will now claim legal 
justification for the indefinite detention of the NLD 
leaders, making it unlikely that the regime will bow to 
international pressure to free either of the two any time 
soon.  End Summary. 
 
2. (SBU) On December 29 COM and P/E chief called on the GOB's 
new Minister of Home Affairs, Major General Maung Oo.  The 
Minister was joined by Police Brig Gen Khin Yee, Director 
General of the Burmese Police Force, and other senior 
ministry and police officials.  We delivered a demarche on 
the USG narcotics certification process (septel), but also 
used the opportunity to raise issues related to the South 
Asian tsunami (ref A) and the ongoing detention of ASSK. 
 
3. (C) The COM pressed for an explanation as to why the GOB, 
reversing its standard description of Aung San Suu Kyi's 
status as "protective custody," recently applied to the 
democracy leader a specific criminal charge under the 1975 
"Law to Safeguard the State Against the Dangers of Subversive 
Elements" (ref C).  The COM added that the new charge 
indicated the GOB now considered ASSK a threat to national 
security. 
 
4. (C) Minister Maung Oo replied that ASSK had breached 
specific provisions of the law (NFI) and declared that the 
GOB "should have taken this action from the beginning," 
meaning after the May 2003 assault on her convoy and 
intimating that the SPDC blamed former Prime Minister Khin 
Nyunt and his military intelligence apparatus for 
inappropriate handling of ASSK's case.  He also said that 
under the provisions of the law, specifically Section 10(b), 
ASSK is not allowed to receive visitors, depart her compound, 
or have any written or phone communications with other 
parties. 
 
5. (C) The COM expressed concern over ASSK's detention as 
well as that of NLD Vice Chairman U Tin Oo and other 
pro-democracy party members.  In response to COM's questions, 
the Minister said that U Tin Oo is also held under the same 
section of the law (Note: Under Section 10(b) the GOB can 
hold an individual without trial for up to one year, which 
the Minister for Home Affairs can prolong for another year 
and the Chairman of the SPDC can extend for an additional 
five years.  End Note). 
 
6. (SBU) On the basis of the Home Minister's implicit 
acknowledgment that the GOB plans to hold ASSK in detention 
for at least another year, as well as recent information that 
her access to medical care and personal security staff has 
been restricted (ref B), the COM stated the United States 
holds the Burmese government solely responsible for her 
safety and security. 
 
7. (C) Minister Maung Oo replied that ASSK "is well protected 
and she even has better security than I do."  He said that 
the GOB "is in close contact with her and she is able to 
inform our security people of all her needs."  He further 
claimed that ASSK herself had requested the removal of her 
entire personal bodyguard.  "Although Section 10(b) does not 
have a provision for security," he said, "we allowed her to 
keep six bodyguards at the compound, but she refused." 
(Note: A December 17 Reuter's article also made the claim 
that ASSK had removed all of her personal bodyguards, in 
protest over the GOB's decision to cut the contingent in 
half.  An Embassy source who has had contact with ASSK 
corroborated this information.  End Note.) 
 
8. (C) The COM pressed Minister Maung Oo to specify what 
measures the GOB had taken to ensure ASSK's safety and, given 
the specific legal charge against her, to explain whether the 
ICRC would have access to her, like any other prisoner. 
Maung Oo demurred on detailing any GOB security measures, but 
reiterated that under Section 10(b) ASSK was not allowed 
contact with any outside parties.  "The ICRC will not have 
access to Aung San Suu Kyi at this moment," he intoned. 
 
9. (C) Comment: Maj Gen Maung Oo's acknowledgment that ASSK 
is now detained under Section 10(b) was the first official 
GOB word on the topic since the NLD revealed on December 1 
that the SPDC had extended her house arrest (ref C). 
Further, his information that U Tin Oo is also held under 
Section 10(b) is news.  Neither development bodes well for 
the two democracy activists.  The SPDC, hiding under the 
veneer of its own Orwellian laws, will claim legal 
justification for the indefinite detention of the NLD 
leaders, making it unlikely that the regime will bow to 
international pressure to free either of the two any time 
soon.  End Comment. 
MARTINEZ