By Afshain Afzal

Charged with spreading information that could cause unrest, as she declared that her National League for Democracy party would “exist as long as people support it”, Aung San Suu Kyi, 75-year-old former leader, was arrested and booked to face a trial. Suu Kyi also faces two counts of violating the Natural Disaster Management Law for allegedly violating COVID-19 pandemic restrictions during the 2020 election campaign; illegally importing walkie-talkies that were for her bodyguards’ use; and unlicensed use of the radios. Along with these she was facing five different charges which also includes the acceptance of bribes. The most serious charge, which another court is dealing, is that Suu Kyi breached Official Secrets Act, which carries a penalty of up to 14 years’ imprisonment.

Wearing a pink face-mask, her hands in her lap, Aung San Suu Kyi appeared before the special court set up inside Naypyitaw's city council building. Alongside her were her two co-defendants, former President Win Myint and Myo Aung, the former Mayor of Naypyitaw, Myanmar’s capital. Her previous court appearances have been by video link and what she claims was that she was not allowed to meet in person with any of her lawyers. Although the case is in the court, UN special envoy for Myanmar, Christine Schraner Burgener did not miss the opportunity to issue a statement from UN headquarters in New York, calling the military’s attempt to ban the NLD as “unacceptable.” The UN Security Council has called for the junta to free Aung San Suu Kyi and others imprisoned since the coup.

Suu Kyi’s supporters say the proceedings are politically motivated and are meant to discredit her and legitimize the military’s seizure of power. An American journalist, Danny Fenster, working for a Myanmar news magazine was detained at Yangon's airport as he was preparing to board a flight to Malaysia. According to Myanmar's Assistance Association for Political Prisoners, which is keeping a tally of arrests and deaths; almost 4,300 people are in detention, including 95 who have already been sentenced, 818 protesters and bystanders have been killed by security personnel since the coup. The junta has arrested about 80 journalists, roughly half of whom remain detained awaiting charges or trial. Junta chief Senior Gen. Min Aung Hlaing said in an interview with Hong Kong-based Phoenix Television that the death toll had been exaggerated and was actually about 300, and that 47 police had been killed and more than 200 injured.

Suu Kyi won a Nobel Peace Prize in 1991 for her non-violent resistance against the military rule and her struggle for the enforcement of democracy. She was kept her under house arrest for 15 years. The human rights organizations, international community and world political leadership consider her a ray of hope for people in search for justice. But once she became leader after wining the elections, international community was critical of her actions especially he response to a violent crackdown by security forces against the Arakan Army or Rakhine armed group in Myanmar as well as Rohingya Muslims. UN investigators determined that the violent campaign of arson, rape and murder was carried out with genocidal intent. But Suu Kyi has publicly rejected accusations that the military waged a genocidal campaign against the Rohingya.

The 2014 Amendment to the Defence Services Act, the commander in chief and his deputy must retire at the age of 65. Mark Farmaner, the director of the London-based advocacy group Burma Campaign UK said, “He has also used his position to ensure his family have lucrative businesses interests, which he won’t be in a position to protect after retirement.” The military chief may choose any of these three possible course of actions: voluntary retirement, enter politics, and or extend his tenure. In fact, Article 20(b) of the constitution says that the military has the right to administer all affairs of the armed forces independently. Moreover, the constitution also gives the National Defense and Security Council (NDSC) the power to propose and approve the military chief to the president who formally appoints. Myanmar’s constitution enrich the military a permanent role for itself in the political system. It gets an un-elected quota of 25% of parliamentary seats and its chief appoints ministers of defence, interior and border affairs, ensuring a key stake in politics.

A 2017 there was a civil war which invited military crackdown against Arakan Army or Rakhine armed group and Rohingya Muslims in Myanmar, which drove drove Christians and Rohingya Muslims into neighbouring Bangladesh and other countries. In response, the United States imposed sanctions on Min Aung Hlaing and three other military leaders in 2019 and several court cases in various international courts, including the International Court of Justice, are going on. The UN investigators urged world leaders in 2019, to impose targeted financial sanctions on companies linked to the military. In February 2021, power was handed to General Min Aung Hlaing as it was alledged that Aung San Suu Kyi took law and order in her hand and she is responsible for the cause of violence in the country so according to article 40 (c) of the constitution the Commander-in-Chief of the Defense Services had the right to take over and exercise State sovereign power if there arises a state of emergency that could cause disintegration of the Union, national solidarity and loss of sovereign power or in case of any violence.

Analysts are of the opinion that the political situation in Myanmar may be due to the personal ambitions of General Min Aung Hlaing, who was due to retire this year. But not only General Than Shwe, previous chief retired at age of 78 but new amendment in the constitution provides other options. Whatever, the case may be country’s constitution and sacred for all the countries. No matter it is military or any other authority, the law has to be followed at all cost. Aung San Suu Kyi’s case is being heard in the court in Naypyitaw's city council building along with co-defendants, former President Win Myint and Myo Aung. Let us hope that the case against these leaders are decided on merit and democracy is allowed to florish in Myanmar.