The suspension of the Constitution has rendered the separation of powers ineffective, and left civil society with no legitimate means of challenging executive power.
The judiciary is not independent of the government, and judges and lawyers are unable to perform their professional functions impartially for fear of reprisals, should they be identified as opponents of the regime. Due process and fair trial guarantees are ignored in practice. Procedures for arrest and detention are frequently violated, particularly where persons are arrested on political grounds. Security legislation provides for administrative detention for up to five years. Incommunicado detention, torture in custody and forced disappearances are still common.
Myanmar-Attacks on Justice 2005-Publications-2008 (full text, PDF)Attacks on Justice 2005Publications