VZCZCXRO9352
RR RUEHAST RUEHBI RUEHLH RUEHPW
DE RUEHCI #0055 0461140
ZNR UUUUU ZZH
R 151140Z FEB 08
FM AMCONSUL KOLKATA
TO RUEHC/SECSTATE WASHDC 1874
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHGO/AMEMBASSY RANGOON 0388
RUEHBK/AMEMBASSY BANGKOK 0185
RUEHGV/USMISSION GENEVA 0090
RUCNDT/USMISSION USUN NEW YORK 0057
RUEAIIA/CIA WASHDC
RHMFIUU/CDR USPACOM HONOLULU HI
RUEHCI/AMCONSUL KOLKATA 2291

UNCLAS KOLKATA 000055 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PREF IN
SUBJECT: TEN YEARS GO BY, BURMESE STILL ON TRIAL IN INDIA 
 
 
¶1.  (SBU) It has been ten years since 34 Burmese nationals from 
Arakan state were arrested and jailed by the Indian Government. 
The Solidarity Committee for Burma's Freedom Fighters (SCBFF), 
joined by activists, Burmese monks, and a crowd of 50-70 people, 
staged a public rally in Kolkata on February 4 to mark the tenth 
anniversary of the arrests.  The trial of the Burmese, on 
charges filed in 2006, began in Kolkata in March 2007, but was 
further delayed when the presiding judge was transferred off the 
case.  Lawyers for the Burmese have filed a speedy trial 
petition, but even if the trial is restarted and the Burmese 
released this year, it is unclear what will happen to them. 
With the GOI maintaining its cooperative relationship with the 
Burmese junta and the possible implication of GOI defense 
officials in killing some Burmese during the original arrest, 
the imprisoned Burmese  are likely to remain in legal limbo 
indefinitely.  End Summary. 
 
¶2.  (SBU) On February 4, 50-70 protestors held a rally on behalf 
of 34 Burmese nationals who have been jailed by the GOI for 10 
years.  The Burmese, who were arrested in 1998 in the Andaman 
and Nicobar Islands, have been in detention in Kolkata Jail 
since late 2006, when the GOI brought formal charges under the 
Arms and Ammunitions Act and the Foreigner's Act.  (Note:  The 
charges were filed after lawyers for the Burmese filed a motion 
for the GOI to charge or release the men.  End note.). 
 
¶3.  (SBU) Initially, the Sessions court judge had ordered that a 
closed trial be held within the jail itself, but after lawyers 
for the Burmese filed a petition, the trial was moved to the 
Kolkata City Court.  However, media are not permitted to cover 
the proceedings and the trial remains closed to the general 
public.  The prolonged detention has also led to new charges 
against the Burmese.  Soon after their transfer to Kolkata, the 
Burmese complained of poor conditions, dietary problems, and 
lack of adequate facilities such as soap, which lead to an 
apparent fight inside the jail.  Some of the prisoners were 
charged with rioting in the prison, but the charges will likely 
be dropped.  Since that time, the Burmese have been housed 
together in the jail and complaints have ceased.  Lawyers are 
working to get the rioting charges dismissed. 
 
¶4.  (SBU) In late 2007, the trial judge was transferred off the 
case, and the trial has been in limbo since that time.  Speaking 
at a press conference on February 5, SCBFF representatives were 
preparing to file a petition for a speedy trial in hopes of the 
case resuming in March or April this year. 
 
¶5.  (SBU) SCBFF activists appear hopeful that the case will 
conclude in 2008, and are looking for ways the Burmese can avoid 
deportation should they be released.  The primary concern is 
that the GOI will simply "push-back" the Burmese across the 
border.  Soe Myint, an editor for Mizzima News, told Poloff that 
SCBFF spoke with the Home Secretary's office in New Delhi, who 
indicated that the GOI might be amenable to allowing the Burmese 
to travel to a third country willing to accept them.  SCBFF has 
approached the Canadian Embassy in New Delhi about accepting the 
Burmese as asylum seekers.  SCBFF also met with ICRC 
representatives to discuss the possible issuance of travel 
documents.   SCBFF has previously met with UNHCR representatives 
in New Delhi to lay the groundwork for applications for refugee 
status, although UNHCR has said that it cannot take any action 
until the legal proceedings conclude. 
 
¶6.  (SBU) Comment:  The decade long detention of the Burmese is 
an embarrassment for the GOI, and it is a case that they would 
like to get rid of.  However, there continue to be press reports 
about the surrounding history - allegations of the GOI Defense 
Ministry funding and supporting the Burmese in the 1990's 
against Burma's government, the summary execution of  six of the 
Burmese leaders in the Andaman Islands - that make 
disentanglement from the case difficult.  Given the fundamental 
human rights considerations in this case, UNHCR should be 
encouraged to also play a role in seeking a more timely 
resolution of the case and possible resettlement of the 
detainees. 
 
JARDINE