US embassy cable - 05RANGOON426

C O N F I D E N T I A L RANGOON 000426 
 
SIPDIS 
 
STATE FOR EAP/BCLTV; PACOM FOR FPA 
 
E.O. 12958: DECL: 03/20/2015 
TAGS: PGOV, PREL, MARR, BM 
SUBJECT: SENTENCING BEGINS FOR KHIN NYUNT'S MILITARY 
INTELLIGENCE CRONIES 
 
 
Classified By: COM Carmen Martinez for Reasons 1.4 (b,d) 
 
1. (C) Summary: Military Intelligence officials who were 
arrested along with former Prime Minister Khin Nyunt are 
beginning to receive prison sentences.  Some reported 
sentences appear to be exaggerated, but the officials are 
being charged for violations with penalties ranging from 5 
years to life in prison.  A note reportedly smuggled out of 
prison from Khin Nyunt's personal security officer has 
resulted in the arrests of five persons.  End Summary. 
 
2. (U) Both foreign and Burmese media reported last week that 
the secretive trials of cronies of former Prime Minister Khin 
Nyunt are beginning to result in sentences.  The 
highest-level official to be sentenced thus far is Brigadier 
General Thein Swe, former head of the foreign relations 
section of the now defunct military intelligence apparatus 
known as MI, and the chairman of The Myanmar Times English 
language newspaper.  His son Sonny Swe, part owner of The 
Myanmar Times, received a 14-year sentence for violating 
censorship laws.  In addition, legal sources report that 
Brigadier Than Tun has been sentenced to one 14-year and 
three life sentences.  (Note: In Burma a life sentence is 
equivalent to 20 years in prison.  End Note.) 
 
3. (SBU) Brig Gen Thein Swe was closely involved with the 
U.S. remains recovery missions before he was arrested.  He 
facilitated the successful remains recovery mission that was 
carried out near Myitkyina, Kachin State, in February 2004. 
He was also involved in similar missions and investigations 
in the Myitkyina area in March 2003 (unsuccessful mission), 
November 2003 (investigation), and October 2004 
(investigation).  He frequently met with DAO to coordinate 
remains recovery activities. 
 
4. (SBU) Rangoon legal sources claim that the reported 
cumulative 152-year sentence for Thein Swe is exaggerated; 
noting that only certain high security violations carry 
sentences of over 7 years and a life sentence is only 20 
years.  The claim of multiple 38-year sentences is considered 
legally "out of line."  Local sources indicate that Rangoon 
divisional court judges are continuing to hold the special 
tribunals at Insein Jail for additional sentencing.  Two 
tribunals, reserved for Khin Nyunt and his family, have yet 
to commence. 
 
5. (SBU) The MI officials are reportedly being charged under 
six acts, including high treason, foreign currency, export 
and import, censorship, and other violations.  The penalties 
under these acts range from 5 years to life imprisonment. 
 
6. (C) In a related development, the wife of Khin Nyunt's 
personal security officer, Major Naing Htay, recently wrote a 
confession on behalf of her husband and asked for his pardon. 
 Maj Gen Myint Swe, head of the Military Affairs Service, 
which replaced MI in the fall of 2004, reportedly met the 
wife and asked if this was her idea or if it really came from 
her husband.  She said it was her husband's wish and to prove 
it she produced a two-line note that he had smuggled out of 
jail.  As a result of this security breach, four Special 
Branch police officials and a driver have been arrested and 
are reportedly under trial in Insein Jail. 
Martinez