US embassy cable - 03RANGOON724

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000724 
 
SIPDIS 
 
STATE FOR EAP AND DRL 
USMISSION NEW YORK FOR AMBASSADOR TWINING 
CDR USPACOM FOR FPA 
 
E.O. 12958: DECL: 06/19/2013 
TAGS: PREL, PHUM, BM, Human Rights, ASSK 
SUBJECT: AUNG SAN SUU KYI REPORTEDLY BEING HELD IN 
RANGOON'S INSEIN PRISON 
 
REF: A. KUALA LUMPUR 3628 
     B. RANGOON 682 
     C. AND PREVIOUS 
 
Classified By: COM CARMEN MARTINEZ.  REASON 1.5(D). 
 
1) (C) Summary:  Leon de Reidmatten (Special Envoy Razali's 
liaison in Rangoon) informed COM and EU Ambassadors that, 
according to the SE, Aung San Suu Kyi (ASSK) was in Insein 
Prison in Rangoon.  ASSK told Razali she believed that she 
was being held under the provisions of Section 10(a) of a 
1975 law titled "Law to Safeguard the State Against the 
Dangers of Subversive Elements".  This law allows for the 
"detaining and arresting" of an individual, and holding that 
individual for up to five years in a detention facility. 
ASSK has never been held under 10(a) before.  Her previous 
periods of detention were under house arrest.  De Reidmatten 
said he has already informed ICRC that ASSK is being held in 
Insein prison, but he added that he did not believe ICRC 
would be successful in seeing her any time soon.  End Summary. 
 
2) (C) Leon de Reidmatten (Special Envoy Razali's liaison in 
Rangoon) briefed the COM, and the French, German, Italian and 
UK ambassadors on Thursday, June 19, upon his return from 
meeting with the SE in Kuala Lumpur on Tuesday, June 17.  He 
told the group that, according to the SE, the site of 
Razali's meeting with Aung San Suu Kyi in Rangoon was Insein 
Prison.  He said that ASSK was being held in a special 
freestanding two-room cell, with toilet facilities, that had 
been built specifically for her in the mid- 1990's, although 
she has never occupied it before (Note:  de Reidmatten 
actually saw this structure when he was visiting Insein in 
connection with his previous job with the ICRC.  End Note). 
ASSK is being guarded by three female prison guards. 
 
3) (C) Razali told de Reidmatten that ASSK said she believed 
she was being held under the provisions of Section  10(a) of 
a 1975 law titled "Law to Safeguard the State Against the 
Dangers of Subversive Elements".  This law allows for the 
"detaining and arresting" of an individual, and holding that 
individual for up to five years in a detention facility 
(Note: in practice, many prisoners are held longer under 
10(a) and it is also used to detain prisoners even after they 
have completed their formal sentences.  End Note).  Another 
section of this law, Section 10(b), allows for the 
"restraining" of individuals for up to one year under house 
arrest, but the period can be extended, as has been the case 
previously with ASSK (Note: the ten members of the NLD 
Central Executive Committee are (CEC) are apparently being 
held under this provision, confirming what the guards in 
front of two of the CEC members' houses let slip to COM when 
she tried to visit on June 1.  End Note). 
 
4) (C) Although we do not know on what ASSK bases her belief 
that she and the members of the CEC (and possibly many 
others), are being held in order to "Safeguard the State", 
the regime's clumsy pretense that they are under "protective 
custody" is ridiculous and insulting.  In response to direct 
questioning by the COM on several occasions, both privately 
and publicly, the Deputy Foreign Minister and the Minister of 
Home Affairs denied that ASSK or the members of the CEC are 
under arrest.  Perhaps technically, this is true - perhaps 
they are being detained or restrained and not arrested.  But 
the fact is they are prisoners, and probably will be for a 
long time. 
 
5)  (C) De Reidmatten told COM he wrote to the Minister of 
Home Affairs to ask if ASSK was being held under 10(a), but 
the Minister has not confirmed, denied, or clarified the 
conditions of her detention.  De Reidmatten said he has 
already informed ICRC that ASSK is being held in Insein 
prison, but he added that he did not believe ICRC would be 
successful in seeing her any time soon. 
 
6)  (C) Comment: The briefing from de Reidmatten is the first 
time that anyone in the group had heard from Razali as to 
ASSK's specific location or conditions of detention. This is 
also the first time that we have heard that ASSK told Razali 
she believed that she was being held under 10(a).  ASSK has 
never been held under 10(a) before.  Her previous periods of 
detention were house arrest under the provisions of 10 (b). 
"Detaining and arresting" ASSK under Section 10(a) would 
signal that the regime may be determined to retain a tight 
grip on her and the NLD for a very long time to come and does 
nothing to support their claims of commitment to the process 
of national reconciliation.  End Comment. 
Martinez