Hunger Strike Leader's Lawyer Not Allowed In Court Hearing

26 December 2007
Original report by Maung Too, DVB

On the 27th day of his hunger strike, Ko Htin Kyaw, the fuel protest leader, was being tried in private, in Insein prison, (where he is in solitary confinement) in the absence of his lawyer. U Aung Thein, the senior attorney, who is representing Ko Htin Kyaw, was waiting to attend the court hearing, but permission to enter the cell of his client, Ko Hti Kyaw was denied by the junta. 'I was not allowed inside the court room, I was not told what was going on so there is no way that I could follow my clients case'.

Ma Than Than Maw, Ko Htin Kyaw's wife was also not allowed to see him today. When she last saw him yesterday, he was very weak and tired.

The interview with U Aung Thein, Ko Htin Kyaw's lawyer

'Ko Htin Kyaw was being tried today, inside the Insein prison. There was a judge, the law official and Kyaw Tint, the police official who opened the case against Ko Htin Kyaw. They were allowed in but I wasn't. It means I would not be able to get the general power from Ko Htin Kyaw either.'

The Law of Justice has been written quite clearly; there has to be freedom of court hearing, the trial should be in full view of the public,and I should have been able to address the magistrates court. None of this has happened. They have just remanded Ko Htin Kyaw without trial. If they really wanted a proper the hearing, I was there and available. Even if they didn't want the hearing, they should allow me to meet my client or to allow to transfer the general power. So although I am Ko Htin Kyaw's lawyer, I will not be able to represent him in any way.'

DVB : Who stopped you from doing that?

'It wasn't that the magistrate court who stopped me. It was Insein prison authority, who didn't allow me to enter to the room in which the hearing was held. I wasn't allowed to even see him, and have no idea when the next hearing will be. When the case was read out in Panbedan court, then I was officially notified of the next hearing date, 26th December, by the Magistrate.'

'I was at Insein prison since 10:00 am today. By about 2:30 pm, the others (the judge, the police official and the law official) were all allowed into the special court hearing room but not me. According to the prison officials, it is their departmental rules that prevented my access. There was nothing I could do about that.'

DVB: Did you see Ko Htin Kyaw came out for the court hearing?

'We did not even have a glimpse of Ko Htin Kyaw'