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CRPP Notification 5 (2/99) in Engli
- Subject: CRPP Notification 5 (2/99) in Engli
- From: nldburma@xxxxxxxxxxx
- Date: Sat, 06 Feb 1999 10:34:00
Subject: CRPP Notification 5 (2/99) in English
Representatives of the People elected to the People's Parliament in the
1990 multiparty democratic elections (Committee representing People's
Parliament)
Notification No 5 (2/99)
1. Statement 16(1/99) dated 29 January 1999 issued by the National
League for Democracy is amended to read as Notification 3(1/99) of the
Committee representing People's Parliament elected in the 1990
multiparty general elections (Committee representing People's
Parliament).
2. With regard to the matters given in the said statement, further facts
that have come to light are:-
(a) By resorting to unlawful devices an attempt was made to oust by
force and intimidation the legally elected People's Parliament
representative for Mandalay Division, Taungtha township, Constituency 2.
Information to hand now is that the meeting was not attended by any of
the constituents of the wards in Taungtha town.
(b) Information has been received that the authorities hoodwinked the
simple villagers (whose only concern is to make an honest living) by
pressure and threats such as :-
(1) If they failed to attend the meeting there was no guarantee that
they would or would not be penalised, and that they ran the risk of
loss of life and property and other dangers.
(2) Every person aged 18 years and over was compelled to sign blank
papers giving particulars such as name, occupation, date of birth and
address. (In 1990, at the time the elections were held how could these
young people have reached the age of eighteen?) Deliberate dishonesty.
3. The National League for Democracy asked for the convening of a
People's Parliament as required by law which was ignored by the
authorities. Without a People's Parliament how and who can assess
whether the performance of an elected representative is for the benefit
of his constituency or not. It is very clear that this is a deliberate
unfair and unjust exercise against the National League for Democracy and
the NLD parliamentarians elect.
4. On 26 September 1998, the State Law and Order Restoration Council,
which has been succeeded by the Stated Peace and Development Council
decreed the Judicial Law and the relevant portions are reproduced for
the information of the residents of the Taungtha Township.
Chapter 2 of the Law
Guiding Principles for the Adjudication of Cases
Section 2- Cases shall be adjudicated based on the following guiding
principles:-
(a) Judicial proceedings shall be independent and in accordance with
the law.
(b) Shall contribute to the restoration of peace and tranquillity and
law and order for the protection and benefit of the people.
(c) To enable a better understanding of the law by the people and
create the desire to abide by it.
(d) Decisions should be within the bounds as set out in the law and to
obtain satisfaction and finality as prescribed by the law.
(e) Trials must be open to the public unless specifically prohibited by
law.
(f) Opportunity to prepare a defence must be given and the right to
appeal as prescribed by law.
(g) Sentencing must be with a view to reforming the character of the
offender.
Chapter 4 of the Law
Jurisdiction of the Supreme Court
Section 4. The jurisdiction of the Supreme Court is as stated hereunder
(a) Original criminal cases and original civil cases.
5. In every country all over the world, the elected representatives of
the people are given full power to act for and on behalf of the people
through a parliament. They are respectable and honourable persons. By
damaging their reputation and causing them untold suffering, the
attitude of the authorities is transparent. It reflects a lack of
understanding of future consequences. Exercising controlling power to do
just as they wish with no consideration for the honour of the country is
immoral and wrong and should never be practiced.
6. To prevent a lowering of the country's honourable reputation and to
prevent further damage to the characters of those persons initiating
these unlawful acts we solicit that this practice of making scapegoats
of innocent defenceless people be immediately halted.
7. U Than Tun, the elected NLD representative of the Taungtha Township,
Mandalay Division and a member of the Committee representing People's
Parliament and all the other parliamentarians-elect have to this day
been denied the right to perform their legal duties by the authorities
because of their failure to convene a People's Parliament.
8. People's Parliament representatives are bound to fulfill their
obligations to the people by enactments through a parliament (Pyithu
Hluttaw). Therefore, those representatives that have been elected by
virtue of the 1990 Pyithu Hluttaw Law can not be removed from office
under any circumstances by any law, rule, order or whim of any person.
This position has been clearly stated by the Committee representing
People's Parliament in its Notification 1 dated 17 September 1998.
9. We strongly admonish and remind the authorities to refrain from
applying such mala fide measures that have been resorted to against U
Than Tun, the People's Parliament representative of Taungtha Township,
Mandalay Division and other People's Parliament representatives and to
stop terrorising and making scapegoats of the people.
Committee Representing People's Parliament
3 February 1999
(Responsibility for this publication is taken by the National League for
Democracy.)
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