NLD Sues Junta, Rangoon HC Rejects Case

Mizzima News

Tuesday, 22 April 2008 16:56

In a rare but important development, Burma's opposition party – the National League for Democracy – on Friday filed a case against the Burmese ruling junta for failing to convene the peoples' parliament as an offshoot for the 1990 general election results. However, Nyan Win, the NLD spokesperson said, the Rangoon High Court immediately rejected the case that charges the junta of neglecting its duty to convene the peoples' parliament, which has been mandated by article 12 of the decree 1/90, and 1989 election law. According to the 1989 election law, as was declared by the junta, the regime had the responsibility of convening the peoples' parliament within 60 days from the declaration of the election results, Nyan Win said. And the decree 1/90 vested the responsibility of drafting a constitution to the elected peoples' representatives in the 1990 election. The current ruling junta, namely the State Peace and Development Council (SPDC), as well as the State Law and Order Restoration Council (SLORC) (the earlier name for the junta), had neglected these responsibilities, Nyan Win said. "So we went to the High Court to file a case against the government. The deputy director of the High Court looked at our case and did not respond but left us in the room for nearly an hour. And when he came back he told us that he will not accept our case," Nyan Win told Mizzima over telephone. The NLD leaders including Chairman Aung Shwe, lawyer Kyi Win, and lawyer Aung Thein, had gone to file the case as the junta, neither the SLORC nor the SPDC had kept its promise, which they had declared in various decrees, but are now gearing up to hold another referendum and election, Nyan Win said. Earlier this month, the junta announced that it will hold a referendum on the new constitution in May and follow it up with a general election in 2010. The junta on Tuesday also said that it has formed a 45-member referendum convening commission and enacted a law that covers the polling process. "Neglecting to convene the peoples' parliament and yet conducting another election not only ignores the desires of voters of the 1990 election but is an act of sheer irresponsibility," Nyan Win said. The NLD also condemned Burma's judicial system for failing to accept a case being filed in the High Court. Nyan Win, who is also a lawyer, said a deputy director has no legal rights or 'judicial power' to reject a case that is being filed. "If a case filed at the highest level of courts is rejected, then where can we file our complaints? So, in view of correcting this practice, we will once again file the case next week," Nyan Win said. < Prev   Next >