An interview with lawyer U Kyee Myint
August 3rd , 2022
On July 25th, the military council announced that democracy activists 88 Generation student leader U Jimmy, ex-MP U Phyo Zeyar Thaw of the National League for Democracy (NLD), U Hla Myo Aung and Ko Thura Zaw were executed.
The Than Lwin Times interviewed U Kyee Myint, a 77-year-old lawyer about whether the military has a mandate to carry out execution and whether it is in conformity with the relevant existing laws and procedures. Lawyer U Kyee Myint is a former political prisoner who was arrested in 1970, 1974, 1979, 1982 and 1988 for his involvement in politics. He served as an acting chair of the Union Lawyers and Legal Aid Board.
Q: May I know your view on the military council’s executions?
A: Before the cases which deserve death penalty are heard, the prison authority is to ask the accused whether he himself hires the lawyer or the State will hire lawyer for him. The State has to hire a lawyer for him if he cannot afford to hire a lawyer. The State will have to allow him to hire a lawyer. According to the rights of the accused, he has the right to refute. Which points are wrong? Which points are fabricated? According to the search form, the weapons were seized. Who were included in the seizure of weapons? Did the accused sign it without the above-mentioned points? The first point is the execution is not in accord with the law through arbitrary proceedings as there are no rights to thoroughly ask how the accused committed the case and to refute it. The second is the person who approves the execution order must be the president elected by the public. As the military council said, he must be the president who comes to power in accordance with the 2008 Constitution. Now it is not in conformity with the constitution. The military chief himself is appointed as a prime minister by detaining the President. Min Aung Hlaing is not a civilian. He is a soldier. Only the civilian president must approve the order for the execution of a civilian. As the approval of the execution order by the non-civilian military council is a pre-mediation under Section 302 (1) of the Penal Code, they are to be penalized on the murder charge.
Q: What are the procedures for the capital punishment according to the law?
A: A death-row prisoner shall submit an appeal. He has to submit appeals to the different levels of courts and finally to the President. The prison authority has to take care of him within one month if the President rejects his appeal. The death-row prisoner is executed by hanging only when he is in a healthy condition. The death-row prisoner is allowed to meet his family members. The prison authority shall tell the prisoner and his families that this is the last meeting. The prison staff is to stay away from them when they meet. The prisoner and his family members can meet freely. The prison authority is to summon the ones the prisoner wants to meet. The prison authority had to invite Ledi Sayadaw to the prison at the request of U Saw. This is the prisoner’s right. But now they were allowed to meet their families via video conferencing. According to the jail manual, in-person meeting shall be allowed. The military council suddenly killed them without saying that it was the final meeting. It is a declaration of war against the public.
Q: Is the execution by hanging in accord with the procedures?
A: According to the procedures, the prisoner on death row is entitled to meet members of his family for the last time. The prisoner on death row can request his final meal. Before the execution, the death-row prisoner will be allowed to do his relevant religious activities for instance, the recitation of precepts.
Q: U Jimmy and Ko Phyo Zeyar Thaw were arrested in October. The court made the final verdict in January. They were executed in July. Can they be executed in such a short period of time? Is the execution fair? May I know your view on it?
A: It has no justice. The persons who have been sentenced to death are listed on the table. Now, more than 80 persons have been sentenced to death. The junta executed them by skipping the turns of other death-row prisoners. According to my experience of living in the condemned cell, the death-row prisoners have to await the execution for years. There are some countries which use the capital punishment. The countries which use the capital punishment do not kill politicians. The death sentence is applied only to those who committed the brutal murder cases. After 1988, former Senior General Than Shwe no longer practiced the death sentence. The reason is that he had no mandate to do so as he seized the country’s power. There will be no justice as the one who illegally seizes the country’s power approves the execution order. The People’s Defense Force (PDF) has warned the junta about the execution. The public deeply hates them. The adverse effects will emerge at home and abroad for sure.
Q: Why did the military council execute U Jimmy and Ko Phyo Zeyar Thaw in a hurry?
A: They are the members of the NLD.
Q: May I know your comment on the military council’s execution?
A: I am not a NLD member. However, I am very sorry. The execution of those who are working for democratic rights is not in accord with the laws. It is an insult to the public. So, we need to try to quickly escape from the hand of the military dictatorship and fight it collectively. If not, the military shall kill one after another by hanging. As the UN representative has said, I am very worried about it.
Sent by Than Lwin Times
