So to the defense advocate (see last post), with a delay of a day and apologies to worthy readers who deserve better. But if this is a meta-blog, consider that I am in fact being all clever and cleverly attempting to immerse you in the erratic delaying tactics of the junta with their attendant peaks and valleys of hope and dashed hope.
So to our lawyer. (to remind you, last post)
From his Rangoon basement office, a clutter of wooden desks and dusty British-era legal tomes, he had for nearly three decades shuttled daily to a special court at Insein prison the other side of the city, the better to defend detainees before a judge who would inevitably hand down a sentence, often on a technicality.
It had struck me, the first time I'd met him, an endlessly futile gesture. Camus, Sartre, Ionesco redux -- a little stick figure caught in a fractal.
Asked if he'd ever secured the release of a political prisoner, he'd paused a moment to reflect, set down his cup of tea, then told me of the lone instance in his 27 year career. It was a case involving "an MP," one of that curious and embattled sub-species of Burmese with the rare honor of legitimate democratic backing. Most were among the members of Aung San Suu Kyi's National League for Democracy party that won 392 out of 485 seats in the elections of 1990, the country's first since a military coup in 1962. But the assembly never met, the junta annulled the results and the NLD MPs were henceforth forever harassed along with their families and subject to constant fears of arrest. MPs, in short, are the
emu of Burma. A daft comparison? Got a better rare, strange and hunted creature for me?
Anyway, so the case's not even that fascinating, merely that the MP of our lawyer's memory was slapped with a charge that landed him 10 years behind bars. But the lawyer, in a typical instance of lawyerly activity, pointed out to the judge that there was the minor question of the "facts and findings and data," all of which were found to directly "contradict the accusations by the authorities," he recalled. I'm still pondering why in that particular instance this should have had any effect whatsoever on the judge.
A point which reminds me of a question put to me by a young Burmese tourist guide, brilliantly articulate and perfectly intelligent, who once asked me with perfect incredulity, "You mean you
don't pay off your judges in America?" This followed a long conversation about justice as we bumped and thumped in an SUV on an endless road through seamless rice paddies (All incidentally very bucolic and romantic from afar, with wispy women bending in broad-brimmed straw hats over serene pools filled with lolling water buffalo, until you rudely peered from up close and noticed the wrinkles or limbs so thin they could be confused for a child's.)
But I digress.
The lawyer, when I last saw him, had a fine crop of new white hair that suggested an early spring lawn after a barren winter. He was thinner than I'd remembered. But he smiled still with that all knowing Albus Dumbledore half-smile. Beside me now is the tale of his imprisonment that he'd had a friend pen for me in green ballpoint, in numbered bullet points. Point being he was desperate to tell me what had happened to him, but his English was awful, my Burmese far worse and so he had a friend write it all down in English to avoid the usual trotting around the meaning of his or my broken language.
Perhaps I'll let the paper speak [taking exception to intrude at will in square brackets and skipping some of the numbered bullets to get to the juicy bits ]:
"1. I've ben participating as an advocate for political activist in special court in Insein Central Jail since March 2008.
2. It contains Min Ko Naing [legendary student leader of the 1988 street revolt] and 37 members. [all similarly defiant 1988 protesters and dissidents celebrated far beyond prison walls]...
5. Some of the political prisoners [whom the laywer defends, including Min Ko Naing] address the court that they don't believe judicial system in Myanmar Court and so they'll withdraw...
6. Being so, I have to withdraw my power describing their desire.
7. When I did this, I was suited [sic] as an opponent and contempt of court section 3, with my colleague..., advocate.
8. Then we were sentenced about 4 months in prison on 7/11/2008 [11/7/2008] and sent to Basein prison in Delta Region with my legs were crowtied. [sic]"
There's more, but to translate: Special supreme court advocate -- our lawyer friend -- in his mid-sixties, and already a well known rabble rouser who defends political detainees in the deathly isolated silence of the very court in which Aung San Suu Kyi is currently on trial gets slapped with four months in jail for doing his usual job, which is to defend the cases of political detainees before a judge who will send them to prison regardless. No outside observers. All because he feels a need to stab a needle for history's sake into the giant's hide.
In this instance, the detainees in question --
damn their nerve, judge must've thought-- were legend, and legends dare to do something different. Instead of sitting by like Solzenhitzyn's sheep (see next post, in quote), they dared to tell the judge like it was. They refused to recognize the proceedings. And so their attorney, our now-gaunt, crew-cutted friend, was slapped with four months in jail on charges of contempt of court for following his clients' orders and withdrawing their not-guilty pleas. He told me this three months after his release.
I listened, I probed, and all the while, behind his desk, defiant, hung an old watercolor of Aung San Suu Kyi, her hair blowing into a maroon backdrop. I'd always been struck that the lawyer hung it with such prominence behind his desk, visible from the cramped, informer-ridden street. Entering his office, it was the first image to which the eye was drawn. And then you'd look away as fast, half burnt, afraid of being caught looking in case you'd be thought "political," and therefore a "destructive element," insufferably opposed to the military junta's status quo.
Fear, the Lady used to say, is a habit.
But then, rather like Min Ko Naing, the lawyer never acquired the habit.
What sheep, Sir Aleksandr S?