Suu Kyi's Legal Troubles: Which Laws Broken?

Aung San Suu Kyi, a Burmese politician and opposition leader, has been charged with breaking a colonial-era official secrets law, the most serious charge filed against her so far. She has also been charged with possessing illegal walkie-talkies, violating coronavirus restrictions, incitement, and corruption.

Suu Kyi's supporters and legal experts generally believe the cases against her have been contrived to discredit her and justify the military’s seizure of power in February 2021.

Possession of walkie-talkies

Myanmar's ousted leader Aung San Suu Kyi was charged with the possession of illegally imported walkie-talkies, which were found in her home. The charges against Suu Kyi carry a maximum sentence of three years in prison.

The charges against Suu Kyi are believed to be a legal strategy by the military to discredit her and justify their seizure of power in February 2021. Suu Kyi's lawyer, Khin Maung Zaw, stated that the police only gave him 30 minutes to discuss the court cases with his clients in person. He also added that he was not satisfied with the opportunities given to the defendants and that he had many difficulties when he tried to file a power of attorney.

Suu Kyi is charged with two counts of violating coronavirus restrictions during campaigning for the 2020 election, which her party won overwhelmingly. The military has refused to recognise the results of the election. The offence falls under the Natural Disaster Management Law, which carries a maximum penalty of three years in prison and a fine.

Suu Kyi has also been charged with violating the Official Secrets Law, which criminalises the possession, collection, recording, publishing or sharing of state information that is "directly or indirectly, useful to an enemy". The details of the alleged offence have not been made public. The maximum penalty for this charge is 14 years in prison.

The possession of walkie-talkies is a minor charge in comparison to the other charges against Suu Kyi, which include violating coronavirus restrictions, incitement, violating the Official Secrets Law, and multiple counts of corruption.

Importing walkie-talkies

The import of walkie-talkies is a highly regulated process in Myanmar. The possession of illegally imported walkie-talkies is a serious offence and carries a maximum sentence of three years in prison.

Aung San Suu Kyi was charged with breaching import-export laws for possessing unregistered walkie-talkies in her home. The devices were intended for use by her bodyguards.

The import of walkie-talkies is regulated under the Telecommunications Law. The Telecommunications Law stipulates that the possession of walkie-talkies that are operated without a license is illegal. The maximum penalty for this offence is one year in prison and a fine.

In addition to the charge of possessing unregistered walkie-talkies, Aung San Suu Kyi was also charged with the illegal import of these devices. This was the first charge filed against her after the military coup on 1 February 2021, and it was used as grounds for her initial detention. The maximum penalty for illegally importing walkie-talkies is three years in prison and a fine.

Aung San Suu Kyi has not been fully granted access to legal advice and has been given limited time to discuss her case with her lawyer. Despite this, she has pleaded not guilty to all charges.

Violating coronavirus restrictions

Myanmar's ousted leader Aung San Suu Kyi was charged with violating coronavirus restrictions during campaigning for the 2020 election, which her party won overwhelmingly and the military refuses to recognize. The offense falls under the Natural Disaster Management Law. Ousted president Win Myint was also charged under the law. Suu Kyi was found guilty and sentenced to two years in prison.

Incitement

Aung San Suu Kyi was charged with incitement, which is defined as spreading false or inflammatory information that could disturb public order, and sometimes referred to as sedition. She was found guilty of this charge, alongside the charge of breaking coronavirus restrictions, on 6 December 2021.

Aung San Suu Kyi was sentenced to two years in prison for incitement, alongside a further two years for breaking coronavirus restrictions.

Violating the Official Secrets Law

Aung San Suu Kyi, Myanmar's deposed leader, has been charged with breaking a colonial-era official secrets law. The Official Secrets Law, also known as the State Secrets Law, is a legacy of the British colonial era that criminalizes the possession, collection, recording, publishing or sharing of state information that is "directly or indirectly, useful to an enemy." The maximum penalty under this law is 14 years in prison.

Suu Kyi's co-defendants in the case are three former members of her Cabinet and Sean Turnell, an Australian economist who served as her adviser. The details of the alleged offense have not been made public, though state television has said Turnell had access to "secret state financial information" and tried to flee the country.

Suu Kyi has been charged with several other offenses, including illegally importing walkie-talkies, violating coronavirus restrictions, and receiving a bribe of $600,000 and seven gold bars in 2017-18. She has also been charged with diverting money meant as charitable donations to build a residence, and misusing her position to obtain rental properties at lower-than-market prices for a charitable foundation named after her mother that she chaired.

Suu Kyi's supporters and legal experts generally believe the cases against her have been contrived to discredit her and justify the military's seizure of power in February 2021.

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