CRPP Notification 5 in English

[nldburma@xxxxxxxxxxx]

Committee representing the People's Parliament elected by the people 
in the 1990 Multi-party Democracy General Elections
(Committee Representing People's Parliament)

NOTIFICATION NO. 5


1. In notification No 2 dated 28-9-98 the committee representing the 
People's Parliament elected by the multiparty democracy  general 
elections made the following announcement:- " That the Committee 
representing the People's Parliament will recommend to the People's 
Parliament that the under-mentioned laws be amended.
(a)-----------
(b)---------
(c) Citizens' Rights Protection Law.
(d) --------
	(e)-----------"
2. 	The Citizens Rights Protection Law was promulgated during the 
Burmese Socialist Program Party(BSPP) era.
3. Since protection of the rights of citizens is the duty of every state 
and country, it is resolved that every citizen's rights contained in the 
basic law and original laws be fully restored
4. The State has a duty to protect those rights that a citizen is 
entitled to. Apart from what is contained in the Preface, Section 1 of 
Chapter 1, and Sections 2 and 3 of Chapter 2, the remaining sections of 
the existing Citizens' Rights Protection Law are inappropriate so it is 
resolved that they be expunged.
5. Laws that are fundamental toe the protection of the rights of 
citizens and are necessary for the creation of a genuine democratic 
system are embodied in the following writs:-
(1) Habeas Corpus
(2) Mandamus
(3)       Prohibition
(4)       Quo Warranto and
(5)       Certiorari
It is therefore resolved that a recommendation be made to the Peoples 
Parliament for the inclusion of these writs in the law.
6. For a better appreciation of these writs by the people it is resolved 
that the meanings and explanations be appended to this notification.
 
            
                                                            Committee 
representing People's Parliament

Rangoon
16 October 1998


(The National League for Democracy takes full responsibility for 
distribution.)
APPENDIX
Writs

HABEAS CORPUS

A writ of habeas corpus is a written order by a judge or a court 
addressed to a person in authority for the purpose of examining if the 
restraint of a person is in accordance with the provisions of law.

It is a process be which jurisdiction is given to a judge or a court of 
law to prevent and examine cases of illegal and unwarranted restraint of 
persons.

The main point is that where an application for a writ of habeas corpus  
to the Supreme Court of the Union is made, the Court issues an order to 
the authority responsible for arresting and imprisoning a citizen to 
appear before the court and to explain why and under what provisions of 
the law the arrest and imprisonment has been made.

If the Supreme Court has original jurisdiction, a relative of the 
arrested citizen is allowed to make the application for a writ of habeas 
corpus.

MANDAMUS

A writ of mandamus is an order that relates to the performance of legal 
duties and is issued to lower courts or to persons responsible for the 
performance of that duty.

The Supreme Court issues this writ of mandamus ordering a public 
official or body or a lower court to perform a specific legal duty 
relating to public matters.

If a peoples parliament , or a state parliament, or a divisional 
parliament or other governmental body fails to perform a duty that is 
required by law, a citizen can be make an application for the issue of 
such a writ.


WRIT OF PROHIBITION

A writ of prohibition is intended to apply to administrative bodies over 
which the Supreme Court has no jurisdiction or any individual that makes 
or passes an order or decision without the authority so to do and which 
adversely affects the rights of a citizen. The writ will prohibit them 
from implementing such orders.

This means that by a writ of prohibition, excesses of authority 
exercised by inferior courts can be prohibited. In a way this  is 
applied for to prohibit and correct past excesses of authority.

QUO WARRANTO

A Quo Warranto writ is applied for by an individual for the examination 
of matters related to the appointment or the election for a position.

This is a method by which necessary correction can be made to protect 
any infringement of a citizen's rights through the abuse and excesses 
exercised by those in authority.

CERTIORARI

The writ of certiorari is an order calling for the transcript of the 
proceeding of a case in a lower court for review by a superior court.

The Supreme Court of the Union has the power to call for the proceedings 
of any lower court and to examine if the ruling therein is in accordance 
with the provisions of law and to review and alter any wrong decision. 
Some lower courts fail to exercise the jurisdiction they have or 
exceeded the limits of their jurisdiction either through loss of memory 
or a misinterpretation of the law. In such cases, the Supreme Court of 
the Union may pass any decision it sees fit so to do.

In addition, the courts and other quasi-judicial bodies, governmental 
officials and others who  are empowered to act in matters affecting the 
rights of citizens must be subject to the supervisory jurisdiction of 
the Supreme Court and the process by which this is exercised is by way 
of a writ of certiorari.

-end-


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