An Open Letter to the Chief Justice of Myanmar (Burma)

January 6th, 2012

Dear Chief Justice,

MINBYUN – Lawyers for a Democratic Society, a legal NGO in Special Consultative Status with UNECOSOC in South Korea, is writing to you regarding the letter submitted to the Burmese president dated November 4th, 2011 by sixteen lawyers who were disbarred because of alleged political crimes or politically related violations of their codes of practice.

According to the sixteen lawyers, they had their licences revoked unfairly and unlawfully, inasmuch as the revocations were not made in accordance with the correct procedure and were motivated not in response to breaches of professional codes of conduct but because of dissatisfaction by the authorities with their political activities
or their efforts to defend the rights of persons accused in political cases.

We are currently aware of thirty two lawyers who have had their licences to practise law revoked for their alleged political offences. We believe that there will be other lawyers aside from these thirty two in the same situation of having had their licences
revoked for political reasons, many having spent periods in jail.

Each of these thirty two lawyers did no more than to express their political opinions in accordance with the law. Many of them committed no wrongdoing other than to practice their profession in accordance with the relevant codes of conduct. Most of them did not get any opportunity to represent themselves or to have their cases heard prior to being stripped of their licenses, as required under the terms of the Bar Council Act, the Legal Practitioners Act and the Courts Manual, but were simply informed about the revocation of their licence via a letter.

In light of the unjust circumstances under which the licences of these lawyers were revoked, their shared concern for the upholding of the rule of law through professional conduct, and given the winds of change in the political circumstances in Myanmar of late, we respectfully request the Supreme Court to allow a review of the
decisions to revoke the licences of each one of these thirty two lawyers listed below, and others in similar circumstances, with a view to restoring them their professional qualifications, in order to enable them to fulfill their duty both to their profession and
to their country.

Yours sincerely,

Jae-chang Oh

Chief of International Solidarity Committee
MINBYUN -Lawyers for a Democratic Society

SUPREME COURT ADVOCATES (licence numbers in brackets)

1. U Aye Myint (4377)

2. U Myint Than (2639)

3. U Har Mar Nyunt (1756)

4. U Myint Htay (1827)

5. U Khin Maung Thein (2694)

6. U Thaung Myint

7. Daw Khin San Hlaing (4203)

8. U Kyi Win (1506)

9. U Htay (3860)

10. U Khin Maung Thant (1784)

11. U Thein Than Oo (3695)

12. U Sein Nyo Tun (3978)

13. U Aung Thein (2703)

14. U Khin Maung Shein (4660)

15. U Robert Sann Aung (2469)

16. U Saw Hlaing (4666)

17. Daw Tin Htwe Mu (1447)

18. U Saw Htun (2791)

19. U Htun Htun Han

20. Thura U Tin Oo

21. U San Ni Tin Pe

22. U Aye Myint (Guiding Star) (4821)

23. U Myat Hla (1154)

24. Daw Hla Myint

25. “BBC” U Ne Min (2090)

HIGHER GRADE PLEADERS (licence numbers in brackets)

1. Daw Ohn Kyi (6764)

2. U Aung Kyi Nyunt (3710)

3. U Htun Oo (11942)

4. U Nyi Nyi Htwe (24702)

5. Saw Kyaw Kyaw Min (28261)

6. Ko Phyo Phyu / Yan Naing Aung

7. U Tin Aung Tun (21483)