https://www.aljazeera.com/news/2018...osecute-aung-san-suu-kyi-180317135819045.html
Lawyers in Australia seek to prosecute Aung San Suu Kyi
Rights lawyers accuse the de facto Myanmar leader of 'crimes against humanity' over Rohingya treatment.
8 hours ago
more on Aung San Suu Kyi
"We have launched a private prosecution application in the Magistrate's Court of Victoria accusing Aung San Suu Kyi of crimes against humanity, specifically the crime of deportation and forcible transfer of people," human rights lawyer Alison Battisson told Al Jazeera on Friday.
The application claims that the conduct of Aung San Suu Kyi, who is in Australia for the ASEAN summit, "was committed knowingly as part of a widespread or systematic attack against a civilian population".
The Myanmar leader is also accused of not using her authority to stop these attacks and failing to submit the matter to any competent authority for investigation.
Nearly 700,000 Rohingya have been driven from northern Rakhine into Bangladesh since August 25 last year by the Myanmar army, which has used attacks by armed Rohingya fighters as a pretext for its brutal crackdown on the group.
The UN has branded the military crackdown as "a textbook example of ethnic cleansing", with a top official saying it carried all the "hallmarks of genocide".
Australia's attorney general responded to the allegations brought against Aung San Suu Kyi by saying heads of government and ministers of foreign affairs have immunity from prosecution under international conventions.
INFOGRAPHIC
100 faces of Rohingya refugees
The group of five lawyers, however, says that this immunity should not apply as Aung San Suu Kyi is not officially the head of Myanmar's government.
The lawyers also say what they are accusing Aung San Suu Kyi of has nothing to do with her foreign affairs portfolio so it the immunity protocol does not apply.
ASEAN summit protests
The application, filed at the request of the Rohingya community in Australia, comes as Aung San Suu Kyi is in Sydney to take part in the ASEAN summit for Southeast Asian leaders.
Hundreds protested in Sydney on Saturday over a number of alleged human rights abuses across the region, including those committed against the Rohingya.
"The Australian government should not invite her [Aung San Suu Kyi] here unless she indicates trying to solve the genocidal problems in her country," Shawfikul Islam, one of the protesters, told Al Jazeera.
Australia's Prime Minister Malcolm Turnbull says he will raise the Rohingya crisis with Aung San Suu Kyi, but he has also said the main issues during the ASEAN convention are fighting "terrorism" and creating trade opportunities in the face of protectionism.
Other demonstrators held up signs protesting against the Vietnamese and Cambodian governments, accusing them of cracking down on human rights.
WATCH
24:35
What's behind Cambodia's crackdown on the opposition?
Human Rights Watch Australia director Elaine Pearson said Cambodia's leader Hun Sen has used corruption, intimidation and violence to stay in power for 33 years.
"There's not a strong unambiguous message from the Australian government about Hun Sen's crackdown in Cambodia," she told Al Jazeera.
"I think it's a big mistake for the government to completely gloss over these issues," she added.
"They should be front and centre of a summit like this."
Protests are also expected on Sunday.
http://www.independent.co.uk/news/w...inst-humanity-myanmar-australia-a8261136.html
Lawyers for Rohingya community want to prosecute Myanmar leader Aung San Suu Kyi for crimes against humanity
The application requires the approval of the attorney general of Australia
82
Click to follow
The Independent Online
Myanmar State Counsellor Aung San Suu Kyi attends the ASEAN-Australia Special Summit Dan Himbrechts/Getty Images
Nobel laureate Aung San Suu Kyi faces an attempt to privately prosecute her in Australia for crimes against humanity.
Lawyers lodged an application at a court in Melbourne to charge the 72-year-old civil leader of Myanmar with forcing more than 650,000 Rohingya Muslims out of their homes.
The prosecution - which requires the consent of the Attorney General to go ahead - alleges Ms Suu Kui is criminally responsible for the military attacks on the Rohingya since 25 August last year.
Ms Suu Kyi is in Australia to attend a three-day summit of the Association of South East Asian Nations (ASEAN) which has been marked by protests against the regimes of Myanmar and Cambodia.
Read more
The application for a private prosecution was filed in Melbourne Magistrates Court on Friday by solicitor Daniel Taylor, who represents members of the Rohingya community in Australia.
"Forces under her effective authority and control attacked the Rohingya population, forcing them to flee," according to the charge sheet.
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"She failed to take all necessary and reasonable steps within her power to prevent or repress the actions of those forces, or to submit the matter to any competent authority for investigation and prosecution."
The military are said to have burnt villages, gang-raped women and murdered babies in response to attacks on Burmese border posts.
In a statement, the legal team behind the application said: "The Australian Rohingyan community have requested legal advocates to petition the Australian Attorney-General, the Hon. Christian Porter, to bring a prosecution against Daw Aung San Suu Kyi for the crime against humanity of deportation and forcible transfer of population.
"Widespread and credible eyewitness reports tell of extensive and systematic crimes against the Muslim Rohingyan population by the Myanmar security forces, including extra-judicial killings, disappearances, violence, rape, unlawful detention, and destruction of property and whole villages. Ms Kyi has denied these events have occurred.
"Governments from around the world have condemned the Myanmar Government and its security forces, as well as Ms Kyi, for these crimes which have been equated to ethnic cleansing.
"The Rohingya are effectively stateless (despite being indigenous to Myanmar), and have been denied citizenship rights including the right to register births, to hold a passport, to medical treatment, to attend school and own property."
Leading barrister Ron Merkel QC is working on the legal bid with Mr Taylor and Alison Battison, a solicitor from law firm Human Rights for All.
Ms Battison described it as a "text book case of crimes against humanity" based on Australia's universal jurisdiction under the Criminal Code Act 1995.
World news in pictures
A spokesman for the attorney general Christian Porter said Ms Suu Kyi had "complete immunity" from prosecution.
"Under customary international law, heads of state, heads of government and ministers of foreign affairs are immune from foreign criminal proceedings and are inviolable," he said.
"They cannot be arrested, detained or be served with court proceedings."
Lawyers in Australia seek to prosecute Aung San Suu Kyi
Rights lawyers accuse the de facto Myanmar leader of 'crimes against humanity' over Rohingya treatment.
8 hours ago
more on Aung San Suu Kyi
- US Holocaust museum retracts award to Myanmar's Aung San Suu Kyilast week
- Nobel trio: Suu Kyi responsible for Rohingya 'genocide'2 weeks ago
- Will a visit by Nobel laureates help Rohingya Muslims?2 weeks ago
- Rohingya need an 'autonomous region', not repatriation3 weeks ago
"We have launched a private prosecution application in the Magistrate's Court of Victoria accusing Aung San Suu Kyi of crimes against humanity, specifically the crime of deportation and forcible transfer of people," human rights lawyer Alison Battisson told Al Jazeera on Friday.
The application claims that the conduct of Aung San Suu Kyi, who is in Australia for the ASEAN summit, "was committed knowingly as part of a widespread or systematic attack against a civilian population".
The Myanmar leader is also accused of not using her authority to stop these attacks and failing to submit the matter to any competent authority for investigation.
Nearly 700,000 Rohingya have been driven from northern Rakhine into Bangladesh since August 25 last year by the Myanmar army, which has used attacks by armed Rohingya fighters as a pretext for its brutal crackdown on the group.
The UN has branded the military crackdown as "a textbook example of ethnic cleansing", with a top official saying it carried all the "hallmarks of genocide".
Australia's attorney general responded to the allegations brought against Aung San Suu Kyi by saying heads of government and ministers of foreign affairs have immunity from prosecution under international conventions.
INFOGRAPHIC
100 faces of Rohingya refugees
The group of five lawyers, however, says that this immunity should not apply as Aung San Suu Kyi is not officially the head of Myanmar's government.
The lawyers also say what they are accusing Aung San Suu Kyi of has nothing to do with her foreign affairs portfolio so it the immunity protocol does not apply.
ASEAN summit protests
The application, filed at the request of the Rohingya community in Australia, comes as Aung San Suu Kyi is in Sydney to take part in the ASEAN summit for Southeast Asian leaders.
Hundreds protested in Sydney on Saturday over a number of alleged human rights abuses across the region, including those committed against the Rohingya.
"The Australian government should not invite her [Aung San Suu Kyi] here unless she indicates trying to solve the genocidal problems in her country," Shawfikul Islam, one of the protesters, told Al Jazeera.
Australia's Prime Minister Malcolm Turnbull says he will raise the Rohingya crisis with Aung San Suu Kyi, but he has also said the main issues during the ASEAN convention are fighting "terrorism" and creating trade opportunities in the face of protectionism.
Other demonstrators held up signs protesting against the Vietnamese and Cambodian governments, accusing them of cracking down on human rights.
WATCH
24:35
What's behind Cambodia's crackdown on the opposition?
Human Rights Watch Australia director Elaine Pearson said Cambodia's leader Hun Sen has used corruption, intimidation and violence to stay in power for 33 years.
"There's not a strong unambiguous message from the Australian government about Hun Sen's crackdown in Cambodia," she told Al Jazeera.
"I think it's a big mistake for the government to completely gloss over these issues," she added.
"They should be front and centre of a summit like this."
Protests are also expected on Sunday.
http://www.independent.co.uk/news/w...inst-humanity-myanmar-australia-a8261136.html
Lawyers for Rohingya community want to prosecute Myanmar leader Aung San Suu Kyi for crimes against humanity
The application requires the approval of the attorney general of Australia
- Peter Stubley
- 18 hours ago
- 3 comments
82
Click to follow
The Independent Online
Myanmar State Counsellor Aung San Suu Kyi attends the ASEAN-Australia Special Summit Dan Himbrechts/Getty Images
Nobel laureate Aung San Suu Kyi faces an attempt to privately prosecute her in Australia for crimes against humanity.
Lawyers lodged an application at a court in Melbourne to charge the 72-year-old civil leader of Myanmar with forcing more than 650,000 Rohingya Muslims out of their homes.
The prosecution - which requires the consent of the Attorney General to go ahead - alleges Ms Suu Kui is criminally responsible for the military attacks on the Rohingya since 25 August last year.
Ms Suu Kyi is in Australia to attend a three-day summit of the Association of South East Asian Nations (ASEAN) which has been marked by protests against the regimes of Myanmar and Cambodia.
Read more
- What I saw in Bangladesh should make Aung San Suu Kyi ashamed
- Aung San Suu Kyi stripped of human rights award by US Holocaust Museum
- Johnson demands 'safe, dignified return' for Rohingya refugees
The application for a private prosecution was filed in Melbourne Magistrates Court on Friday by solicitor Daniel Taylor, who represents members of the Rohingya community in Australia.
"Forces under her effective authority and control attacked the Rohingya population, forcing them to flee," according to the charge sheet.
His Millionaire Guru Gives Him A Profitable Stock Tr…Wealth Creation MentorsPlay this for 1 minute and see why everyone is addictedThrone: Free Online GameTesla’s Musk Takes Swipe at China Car Restrictions - Caix…Caixinglobal.com
by Taboola
Sponsored Links
"She failed to take all necessary and reasonable steps within her power to prevent or repress the actions of those forces, or to submit the matter to any competent authority for investigation and prosecution."
The military are said to have burnt villages, gang-raped women and murdered babies in response to attacks on Burmese border posts.
In a statement, the legal team behind the application said: "The Australian Rohingyan community have requested legal advocates to petition the Australian Attorney-General, the Hon. Christian Porter, to bring a prosecution against Daw Aung San Suu Kyi for the crime against humanity of deportation and forcible transfer of population.
"Widespread and credible eyewitness reports tell of extensive and systematic crimes against the Muslim Rohingyan population by the Myanmar security forces, including extra-judicial killings, disappearances, violence, rape, unlawful detention, and destruction of property and whole villages. Ms Kyi has denied these events have occurred.
"Governments from around the world have condemned the Myanmar Government and its security forces, as well as Ms Kyi, for these crimes which have been equated to ethnic cleansing.
"The Rohingya are effectively stateless (despite being indigenous to Myanmar), and have been denied citizenship rights including the right to register births, to hold a passport, to medical treatment, to attend school and own property."
Leading barrister Ron Merkel QC is working on the legal bid with Mr Taylor and Alison Battison, a solicitor from law firm Human Rights for All.
Ms Battison described it as a "text book case of crimes against humanity" based on Australia's universal jurisdiction under the Criminal Code Act 1995.
World news in pictures
A spokesman for the attorney general Christian Porter said Ms Suu Kyi had "complete immunity" from prosecution.
"Under customary international law, heads of state, heads of government and ministers of foreign affairs are immune from foreign criminal proceedings and are inviolable," he said.
"They cannot be arrested, detained or be served with court proceedings."
