Presumed Guilty
Insight Myanmar13 Okt 2023

Presumed Guilty

Episode #194: In the midst of Myanmar's turbulent times, Manny Maung, a dedicated advocate from Human Rights Watch, sheds light on a dire situation. Behind closed doors, a shadowy military court system relentlessly tries civilians without proper legal representation. This injustice has escalated to an unprecedented level since the coup, eroding the foundations of democracy and rule of law.

The Myanmar justice system, rooted in colonial-era penal codes, has never embraced fair trials. Now, it operates entirely at the whims of military leader Min Aung Hlaing, undermining the very essence of legality. Lawyers valiantly defending their clients often face harassment, and are not immune to threats of detention and even torture, adding immense stress to their lives. Merely attempting to defend a client who the state has accused may land them in contempt of court.

The judiciary, once on a path to independence, has regressed under the military's grip. Arbitrary arrests, the state of emergency's dubious renewals, and sham elections are orchestrated to consolidate the regime's power, while neighboring countries lend support.

Recent sanctions, though effective to some degree, are not substantial enough, allowing the military to find a way around them. Maung calls for more stringent measures, including a Global Arms Embargo and action against Myanmar Oil and Gas Enterprise.

Amid these harrowing circumstances, the Rohingya suffer more than anyone. They remain stateless, trapped in apartheid-like conditions, with no justice for the atrocities committed against them.

A multifaceted approach is needed to limit the military's capacity to oppress. Maung asserts that international support can be directed to reignite Myanmar's democracy movement, offering hope for a brighter, post-junta future.

Though darkness looms, hope remains the beacon guiding Maung and others fighting for Myanmar's freedom. “Myanmar will have a lot of problems, you have a generation now that is very used to extreme violence, let alone the trauma and the types of violence that they've been exposed to. But there's also some hope in starting from the beginning, perhaps if we can actually move towards somewhere that doesn't have the military as part of that underlying fabric of society, then I think we can get to a better place.”

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