Myanmar - a coup d’état, the sentencing of a deposed leader and the rise of public unrest

On February 1, 2021, a military coup d’état led to the fall of democracy in Myanmar and the implementation of a military regime. Since 2015, the National League for Democracy (Myanmar’s liberal democratic party led by Aung San Suu Kyi) has been ruling the country. Its ascendance to power marked the end of 50 years of military rule. Although not detected by independent election observers, the military claimed massive voter fraud.

The military justified their coup by asserting that their takeover would guarantee a “true and disciplined democracy”. However, it cannot be argued that the current state of Myanmar fits the description of a democratic state. Leading the Tatmadaw, Myanmar’s military, is the coup’s Commander-in-Chief Min Aung Hlaing. He has been subject to condemnation and sanctions from international entities as a consequence of his alleged role in the military-led attacks on ethnic minorities in Myanmar. The country is currently under a state of emergency, which was first declared when the military came to power in February and which was subsequently extended for a further two years. However, the military has promised a “free and fair” election following the state of emergency.

Suu Kyi was under military detention from 1989 to 2010 due to her “commitment to establishing democracy in Myanmar.” In 1991, when Suu Kyi was still under military detention, she was awarded the Nobel Peace Prize for her commitment to establishing democracy within Myanmar through non-violent means. She would have become president in 2015 when her party won by landslide victory, had it not been for a rule that prohibits people with foreign national children from taking office. However, she was regarded by many as the legitimate ruler, and Win Myint was merely the face of Myanmar. Her public image received a negative impact following the events of the Rohingya crisis of 2017, during which Myanmar saw the largest wave of Rohingya fleeing the country due to what has been considered by many a genocide. In fact, in 2019 Suu Kyi was called to appear before the United Nations International Court of Justice and stand in defense of her country, which faced accusations of genocide.

The new leader, Min Aung Hlaing, has now assumed all state power in his capacity as commander-in-chief. With this role he has prioritized an investigation into fraud claims of the new elections, which had supposedly been won by the National League for Democracy. As a result of the investigations regarding the recent elections, Suu Kyi is now facing a prison sentence after being found guilty of violating coronavirus restrictions as well as incitement. The case regarding her sentencing was based around statements that had been posted on the Facebook page of the National League for Democracy; this, however, was posted by other party members only after she and other leaders of the party were already being detained by the military.

The charges of incitement and violation of coronavirus regulations are only two of eleven charges which the former prime minister is currently facing. Suu Kyi has denied all of these charges and, as a result, her sentence has been reduced from what was previously four years to two.The reduction of the sentence was approved by Junta Chief Min Aung Hlaing. The details are, however, still unclear regarding where, when and if Suu Kyi will be placed in prison, and her current location is undisclosed. Former President Win Myint is a co-defendant in Suu Kyi’s trial, as he has also been placed on trial, and his sentence is the same as Suu Kyi’s although this could be subject to change. Salai Maung Taing San, a spokesperson for the National Unity Governmentand professionally known as Dr Sasa, said that the “military generals are preparing for 104 years of sentences for [Suu Kyi] in prison.”

International voices have spoken out against the trial and the military coup. In fact, Amnesty International has used the word “bogus” to describe the charges for Suu Kyi and Myint, accusing them of serving as the “latest example[s] of the military’s determination to eliminate all opposition and suffocate freedoms in Myanmar.” Michelle Bachelet, UN Human Rights chief, has claimed that the “sham trial” will only “deepen rejection of the coup” on both international and domestic fronts. Furthermore, the foreign secretary of the United Kingdom, Liz Truss, has said that “the arbitrary detention of elected politicians only risks further unrest” and that it can be identified as “another appalling attempt by Myanmar’s military regime to stifle opposition and suppress freedom and democracy.”

Due to its high-profile nature and the controversy that surrounds the trial, the proceedings have taken place in a closed court and no access has been given to observers, no information regarding the legal cases have been disclosed to the public. Furthermore, Suu Kyi’s lawyers have been forced to sign a gag order.

The military justified their coup by asserting that their takeover would guarantee a "true and disciplined democracy”. However, since February, Myanmar has seen more than 10,600 people arrested and a minimum of 1,303 deaths by the junta during demonstrations. Thus, it cannot be argued that the current state of Myanmar fits the description of a democratic state.

- Viola Luraschi