Erosion Of Fair Trial Rights And Threats To Lawyers in Myanmar

United Nations Human Rights Council

61st Regular Session

Agenda Item 4

 

Oral statement of the International Commission of Jurists (ICJ) in Interactive dialogue with the Special Rapporteur on Myanmar

Mr. President,

The International Commission of Jurists condemns the systematic erosion of fair trial rights and continued threats to lawyers and legal practitioners in Myanmar since the military coup of 1 February 2021.

Courts operating under the authority of the military have increasingly functioned as instruments of repression rather than institutions of justice. Numerous cases are summarily tried in a single day, during which witness examination, motions, and final judgment all are typically executed within hours. Such practices deprive defendants of adequate time and facilities to prepare a defence and fundamentally undermine the right to a fair trial.

The practice of arbitrary detention is widespread. Individuals are frequently arrested without a properly registered First Information Report, and courts routinely fail to address these violations. As a result, many remain in unlawful detention without meaningful judicial oversight.

Since the coup, the military authorities have amended, repealed, and introduced hundreds of laws, effectively weaponizing the legal system to criminalize free expression and arrest journalists, activists, and lawyers.

Mr. President,

Lawyers and human rights defenders raising these concerns face risks to their lives.

We therefore urge this Council and its Member States to take all possible measures to support and protect lawyers in Myanmar, ensure accountability mechanisms remain adequately resourced, and take concrete action to address widespread and systematic abuses of fair trial rights and support accountability for those responsible.

Thank you.

 

Statement delivered by: Zar Li Aye – Associate Legal Advisor, Myanmar – ICJ

For more information, contact: Sandra.epal@icj.org

 

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