“We want justice”: Burmese rebels tell Court

by Mungpi
Thursday, 17 September 2009 19:30

New Delhi (Mizzima) - Detained for the past 11 years, Burmese rebels on Thursday told the City Sessions Court in India’s Kolkata city that they were falsely framed and demanded justice.

The rebels, currently lodged in Kolkata’s Presidency Jail, told the court that they were not criminals but are ‘freedom fighters’ and that they had come to India at the invitation of Indian authorities.

In the statement signed and submitted to the court on Thursday, Danya Linn, one of the 34 rebels said, “We came at the invitation and in peace of India – as friend. I did not have any weapons with me and none were taken from me.”

“This is a false case,” said Danya Linn appealing to the court saying “I want justice – I have spent 11 years in detention. Indian authorities want to send us to Burma – where we will be executed.”

Along with Danya Linn, on Thursday 16 other rebels gave their statement, which were in response to the court’s 29 questions based on the allegations made by prosecution witnesses.

The 34 Burmese rebels, belonging to National United Party of Arakan (NUPA) and Karen National Union (KNU), two armed groups fighting the Burmese military junta, were arrested in February 1998 at Landfall Island of the Andaman and Nicobar Islands.

In his response to the judge’s last question, Danya Linn said, he had joined the armed struggle against Burmese military rulers, who brutally crushed the pro-democracy uprising in 1988.

After actively participating in the 1988 uprising as a student, Danya Linn said he returned home to Arakan state only to witness the military’s brutal treatment of the people.

“I have seen the Burmese Army extract forced labour, goats, chickens and rations from Arakanese villagers. The Burmese Army gave no payment to the Arakan people for their labour or supplies,” he said.

Danya Linn said, he had also actively campaigned for Arakan League for Democracy during Burma’s last general elections in 1990, but the junta refused to recognize the results and suppressed the opposition by arresting its leaders.

Danya Linn said he was also in the junta’s arrest-list, which forced him to flee and join the armed struggle under the National United Party of Arakan (NUPA).

While denying the allegation made by the prosecution witnesses, Danya Linn told the court that he and his friends were betrayed by Indian Army Colonel Grewal, who promised to give support of the Indian Army to their movement.

In 1997, his party leaders introduced him to an Indian Army Colonel Grewal, who spoke fluent Burmese. The colonel told NUPA that he had discussed with the Indian Army to support their movement.

After being informed by Grewal that the Indian Army had agreed to support them, Danya Linn said they set off for Coco Island on the Andaman Sea on the invitation of Indian authorities.

“We were to meet Indian authorities near Coco Island – we did so, and were brought to Landfall Island by them. We did not know how to get there on our own,” he told the court on Thursday.

Danya Linn said they were welcomed by Indian authorities on arrival on Landfall Island, but while resting and sipping cold drinks, six of their leaders were called by Grewal and other Indian Army officers.

“We were shocked to hear gun shots – we never saw our leaders after that. They started handcuffing us – since we did not know English we could not understand what was going on,” he said.

“I have realized that Grewal double crossed us. We gave our version to Indian authority/ CBI [Central Bureau of Investigation] but they took no action,” he added.

But contrary to the rebels claim, the Indian military establishment had stated that the 34 rebels were caught during a joint military exercise codenamed ‘Operation Leech’ in February 1998 on the Landfall Island of the Andaman and Nicobar archipelago along with a huge cache of arms and ammunitions.

The rebels, who were detained in Port Blair for eight years, are currently charged with having been in possession of explosive materials and arms and ammunition and illegal entry into India, Akshay Kumar Sharma, one of the defence lawyers of the rebels said.

“But so far there is no evidence to support the claim that the accused were caught carrying arms and ammunitions,” Sharma said.

After wrapping up the prosecution witnesses’ testimony, and obtaining statements from the accused, the court on Thursday scheduled the hearing of defence witnesses to begin in the next court session, scheduled to be held on November 11 and 12, 2009.

Sharma said that the defence witnesses are likely to include leaders of Burmese democracy movement and ethnic groups, but said the list of witnesses is still under consideration and would be submitted later.

Sharma said, “We are hoping for acquittal and even if the accused are convicted under the Foreigners Act, they might have already served their term.”

But concerns remain as under the Foreigners Act, even if the rebels are acquitted, they could be deported to Burma or could remain in jail, unless any other third country is ready to accept them and provide asylum.

Earlier the Czech Republic and East Timor announced that they have ‘in principle’ agreed to accept the rebels and provide asylum, if the United Nations High Commissioner for Refugees (UNHCR) recognizes them as refugees.