State Counsellor Daw Aung San Suu Kyi's case will be appealed.
15 March 2023
According to the legal community, special appeals will continue to be filed in the highest courts regarding the punishments imposed by the courts under the military council of State Counsellor Daw Aung San Suu Kyi.
It is said that for the special appeal, the state counsellor has been giving the lawyer's advice through an intermediary since last February from the Nay Pyi Taw prison.
Among the cases brought against Daw Aung San Suu Kyi by the military group, the last remaining 5 corruption cases were imposed on December 30 last year. A lawyer, who did not want to be named, considered that since the last cases were not long ago, only the cases that were decreed earlier may be attended by special appeals.
"The special appeal is the last step. If the primary offices make an order, we have to file an appeal. Now, the orders are made by the district courts, so we have to go to the regional courts. If they reject it, they have to go to the Union Justice Hluttaw for one sitting, and then two sittings. Once that is rejected, the special appeal goes to the full court. The special appeal has to be decided by the court that has all the judges in the Union Justice Hluttaw," he explained.
The 78-year-old Daw Aung San Suu Kyi was charged with 19 cases by the military after the coup and sentenced to a total of 33 years in prison for those cases.
Among the cases that have been given a final order, the status of the appeal cases and whether the special appeal will be filed are still unclear because the military group has restricted Aung San Suu Kyi's legal team.
"According to her (Daw Aung San Suu Kyi's) right, there is a lot of legal information that should be accepted and heard (appeals)," said a lawyer.
"Actually, an appeal is the right of the victim who has been punished according to what they (the military group) are talking about. They are only rejecting the first appeal that comes up to dispute the order of the primary office. This is not consistent with the law, and this does not want the courts to have independent jurisdiction," said an independent lawyer.
Ever since the coup, the courts under the junta often dismissed 90 percent of ordinary civil appeal cases summarily without a hearing between the two sides, he said.