Aung San Suu Kyi’s economic advisor Sean Turnell continues to be detained in Myanmar after being arrested on 6 February just after the military coup.
This marks 10 month’s imprisonment for the Australian academic who has spent a significant portion of his life attempting to help the democratic process in Myanmar over the last couple of decades.
Turnell, Aung San Suu Kyi, and three of her cabinet members were charged with breaching the Official Secrets Act in late March.
The Australian government and Turnell’s wife Ha Vu have been calling for his release. But little in the way of news of the case or his wellbeing have been released.
Australian Foreign Affairs Minister Marise Payne said shortly after Turnell’s arrest that he "is a highly regarded adviser and member of the academic community in Australia ... We called in the Myanmar ambassador into the Department of Foreign Affairs and Trade to raise our concerns in relation to this, and we will continue to do that and press strongly for Professor Turnell's release."
The Vice-Chancellor of Macquarie University, Professor S. Bruce Dowton, also expressed deep concern about the detention of Turnell and said that the University had "long supported his work and commitment in advising on the economic aspects of the emergence of the fledgling democracy in Myanmar."
On 22 February, Turnell’s wife, an Australian-Vietnamese academic, wrote a letter to the wife of Myanmar junta leader Min Aung Hlaing appealing “wife to wife” for her husband’s release.
“I am writing this personal note to you, Daw Kyu Kyu Hla, from one wife to another wife. I plead you to speak to your husband to let my husband return home to my family in Australia.”
On 23 March, possible charges against Turnell were detailed for the first time. During a press conference, a spokesperson for the military junta, Brigadier General Zaw Min Tun, claimed that Turnell was being investigated and faced two possible charges in connection with the accusation that he tried to flee the country with secret financial information following the 1 February military takeover. The two offenses, under the national immigration and Official Secrets Act, carry imprisonment terms of five and seven years respectively.
At first, no information was available as to where Turnell was being held. In late April, it was reported that he was being detained in Insein Prison in Yangon where other political activists were being held.
In late May, reports suggested that Aung San Suu Kyi along with several of her advisers, including Turnell, were being charged under the Official Secrets Act of Myanmar which bans the possession or sharing of state information that is "useful to an enemy".
In early June, Aung San Suu Kyi appeared in a court in Naypyidaw. It was announced that she would face a total of five charges for certain specific offences plus a sixth charge under the Official Secrets Act. The charge under the Official Secrets Act had been filed separately in the Yangon Eastern District Court. At the same time, it was reported that Turnell along several former ministers of planning and finance also faced charges for violating the Official Secrets Act.
On 16 June, the Australian Government reiterated their calls for Turnell's release when Vice Admiral David Johnston, the Vice Chief of the Australian Defence Force, spoke with the Deputy Commander-in-Chief of the Myanmar military, Vice Senior General Soe Win by telephone.
Around this time, news came out that Turnell had been transferred from Insein Prison in Yangon to Naypyitaw. It is not clear where he is being held.
Commenting on the situation, former Australian ambassador to Myanmar Nicholas Coppel said that, "For Sean Turnell and for other political detainees, the chances of a fair trial are close to zero. The big fish is Aung San Suu Kyi and what they will be wanting to show is that she has betrayed secrets to a foreigner. They'll need Sean for that."
In July, Turnell’s wife Ha Vu again called for her husband’s release expressing concerns about COVID-19 and noting her husband had been experiencing cold and flu symptoms.
In September, it was confirmed that the venue for Turnell's trial had been moved from Yangon to Naypyitaw.
In mid-September, one of the lawyers working with Aung San Suu Kyi, Kyi Win, said that the Myanmar Supreme Court had agreed to the move.
A week later it was reported that on 23 September, Turnell had appeared in the Dekkhinathiri District Court in Naypyitaw along with three ousted Union ministers, namely U Kyaw Win, former planning minister, U Soe Win, former finance minister, and U Set Aung, former deputy planning and finance minister. They all appeared in court in full COVID-19 personal protection apparel.
Aung San Suu Kyi appeared in the same session attending via video online. It was reported that Turnell had been charged with two cases under the Immigration Act. His lawyers filed their power of attorney for the second charge at the hearing. The lawyer representing Aung San Duu Kyi, U Khin Maung Zaw, was reported as saying that the lawyers representing the accused asked that the court allow an in-person meeting with their clients and also applied for an interpreter to translate. The lawyers asked for the in-person meeting because the appearance in the court was the first time that they had seen their clients in person.
A problem reportedly arose during the court hearing on 23 September, namely that Australian embassy officials were not permitted to attend the court session. An Australian embassy representative had travelled to Naypyitaw from Yangon but was denied access to the court.
At the time, a spokesperson for the Australian government in Canberra said that, "We have registered our serious concerns with the Myanmar ambassador in Canberra, and senior representatives in Naypyidaw. The Australian government has made it clear to Myanmar authorities our expectation that we receive timely advice on Professor Turnell's case, including court hearings. We have requested access to all future hearings."
The hearings in the trail of Turnell began to be held on a weekly basis in September in the Dekkhina District Court in Naypyitaw presided over by Judge Ye Lwin.
The first few hearings were brief, proceeding for around 30 minutes or so. In early October it was reported that a court in Naypyitaw had ruled that it would not allow a translator to attend during court hearings. Turnell's lawyer Ye Lin Aung said the ruling forbidding a translator was issued at a pre-trial hearing in a special court in Nayptitaw. Ye Lin Aung said that the prosecution, citing security reasons, had asked that no translator be allowed and that the judge had agreed.
"It is difficult for us without a translator for him at the court," lawyer Ye Lin Aung said. "I am going to discuss it with officials from the Australian Embassy." He added that Turnell appeared to be in good health and requested that he be sent some snacks and other articles. State media reports indicate Turnell received a COVID-19 injection in July whilst in custody.
In mid-October, lawyer Ye Lin Aung noted that he had not yet had a chance to meet with Turnell for a private discussion and submitted a request to the judge to allow him to meet with Turnell alone.
At the same time, the judge indicated that consideration was being given to the provision of a government-approved interpreter during the hearings.
Ten months after the arrest, little is known about the full depth of the charges laid against Turnell, and it is unclear what will be revealed due to the claims of secrecy stressed by the court.
Myanmar observers speculate that Turnell may be a pawn in the efforts being made by the junta to jail and oust Aung San Suu Kyi from political life. The charges against Turnell may be part of their effort to convict Aung San Suu Kyi under the Official Secrets Act and to paint a picture in which the authorities can claim “foreign interference” in her handling of government affairs while in office, despite the fact that foreign advisors like Turnell are par for the course for governments in many developing countries.
Sources: Mizzima, various media sources including AFP
