Rule By Law, arbitrarily by SPDC Junta

Rule By Law, arbitrarily by SPDC Junta

Edited from Source, DISQUIET


Malik Imtiaz Sarwar is a leading Malaysian human rights lawyer and activist and the current president of the National Human Rights Society (HAKAM). He actively promotes a civil rights discourse both in and outside court.

It has become manifest that the Rule of Law is not practice in Myanmar by the SPDC. SPDC Junta Rule By Law, arbitrarily.

It would not matter if all the police officers, prosecutors and judges in the country were to say otherwise or if all the untruths, one way or the other, were undone. Myanmars, or at least a very large number of them, have lost faith in the military government’s Justice system.

The Rule of Law does not exist merely for there being present the institutions of the administration of justice. Courts, prosecutors, a legal profession and a police force do not in themselves give rise to the Rule of Law. That can only occur if they collectively function in a manner that allows for the full confidence of the Myanmar public. Without such confidence, these institutions are nothing more than empty shells.

There is no longer a basis for continued public confidence in these institutions. Where the police and the Judiciary are concerned, this is a state of affairs that has for all purposes and intents been formally destroyed and subdued by Myanmar Military. The office of the Attorney General is suborned to the Military Junta and its impartiality has never been shown, its decisions and conduct having become always questionable, only serving the military generals desire. The legal profession has been largely neutered by the systemic annihailation of the military. Myanmar Judges are dancing with the military tune, it may be more appropriate if we say, the judges are marching with the military band. They always obey their military masters’ orders. Left, right, salute, about turn etc..

Corruption or abuses of power are perceived as permeating throughout.

The intensifying sequence of events that has played out during these fifty years of military rule has done little to build confidence in the system. If at all, it has eroded what little faith there was.

The need for reform is widely acknowledged, even by the Military Government. Just look at the facts of their battle cry of SEVEN STEPS TO ‘democracy’ and then imminent deceit of wearing civilian clothes to disguise as transferring State Power to the CIVILIAN GOVERNMENT of U Tan Shwe from the hands of Sr General Than Shwe.

That little or no real reform has taken place is similarly widely known, as is the politicking that stands in the way. A system that works to vested interest, even if it is a shell propped up by laws that have been beyond challenge, is after all a system with value for those whose interests it serves. In it, existence is a game of chance played out in an arena of fear and unchecked power, and umpired by laws utilized in aid of the arbitrariness of Military Government.

We should not fear and yet that is what we do. For how can it be otherwise under a Rule By Law. Under it, might is always right.

Added the update about the Rule of Law from Malaysiakini News, “Najib: I know nothing about it”.

Note: I put in the blanks as I wish to stay neutral and out of danger.

At the Pahang event, Deputy Prime Minister YAB Datuk Seri Najib Abdul Razak also said that Malaysian politics was degenerating to a level of being dirty with the — using slander and —to achieve their political objectives.

He charged that the — was inclined to make fools of the rule of law and politicise cases currently being tried in court to change people’s perception towards — leaders.

“Secondly, the rule of law is very important. Don’t we talk about law of the jungle and so on but we ourselves are not practising it,” he was quoted in a Bernama report.

Najib said slander was not something new in politics but the information technology era had enabled slander to spread wider and quicker.

On the trend of making — to run down leaders, Najib said: “— are undermining legal provisions because — are not afraid. Perhaps, —have certain motives and intentions. Perhaps also — get some rewards. Lots of assumptions we can make.”

“My regret was there were — leaders involved …

The case was serious involving the fate of — people facing a very serious charge. Why would we want to inject political elements and so on?” he said.

“I have to accept that in Malaysian politics it is okay to play dirty, make fools of the law as long as their objectives are achieved,” he said.



One Response

  1. The fact that writers feel they have to leave blanks in thier postings says things are not right.If you want to start seeing change in Burma then you should pay a visit to and see what you can do to help. There should be freedom of press and expression for the people of Burma. they should be able to pseak out against the government with out fear of arrest.

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