AN INTERVIEW WITH DR. NAING AUNG, CHAIRMAN OF THE ABSDF
THE IRRAWADDY: May, 1999 Vol 7 No 4
The Irrawaddy recently spoke to Dr. Naing Aung, Chairman of the All Burma Students' Democratic Front, about the organization's evolution and how it is responding to the challenges of its political agenda. As the ABSDF, which recently convened its Fifth Conference on the Thai-Burma border, strives to establish a stable framework based upon clear principles, its status as a military organization seems to be standing in the way of efforts to introduce genuine accountability to the decision-making process.
In the following excerpts from our interview with Dr. Naing Aung, the Irrawaddy raises the question of whether due process is being applied in handling problems of internal discipline. Three years after the introduction of an independent judiciary to deal with accusations against members of the ABSDF, the judicial process remains plagued with problems.
Q: Does the ABSDF have independent legislative, judicial and executive branches?
A: Three years ago, we started to practice the independent judicial system. It's not totally independent, because the Central Committee is taking responsibility for the executive function, but other people are elected to the judicial work. So when we have a case, we put it to the court, and they listen to the case and the witnesses, and they decide for themselves. So basically, the Central Committee and the commander are not deciding for those cases.
Q: What forms of punishment do you impose?
A: Minimum punishment is warning first warning, second warning, third warning jail terms, labor, and we still have the death penalty.
Q. How many times has the death penalty been carried out?
A: I don't really remember, but I think not many times. I'm not involved in the Central Committee all the time, but as far as I know, once one of the ABSDF northern branches, they made an execution of some spies. This is one case. And previously, like eight years ago, in one rape case, [a decision to execute was made] not by the Central committee [but] by the Camp Committee, and the leaders were not really [involved].
Q: So capital punishment was carried out even before the introduction of an independent judiciary?
A: That's why later we decided the law should be consistent. And later, even though we have the death penalty, we try to avoid as much as we can since we have been blamed by international organizations about our executions with the spies.
Q: Since the judiciary was introduced three years ago, have all decisions to impose capital punishment been made after following due process?
A: Most of the time. . . . One case that I remember, [somebody] on the frontline was doing something against the local people in the area. . . . We are infiltrating in the area, so we need to keep a good relationship with the local community. We need to have respect and trust from them. And so one member misbehaved and did annoying things to the local people, so after he did this thing three or four times, we asked [the local commander] to send him back, and we gave him a jail sentence of about one year. But the local commander took him before his sentence finished because that local commander needed his help to go inside that area. So when he arrived again, he started to do the same thing again. So all the [ABSDF] members and the local villagers were really pissed off. They could not send him back at that time because the enemy cut them off, and they didn't have a jail and things, and [the villagers and ABSDF members] requested for an execution. What we decided was to inform to the judicial branch [that] there is no judge in that area. So we consulted with a judge. . . . I took the responsibility, but I had to do something, so I just let [the judge] know and asked for a suggestion. . . . The Central Executive Committee discussed and an investigative report was given to us and we had radio communication, and we decided what should be punished- execution.
Q: Were you comfortable with this decision?
A: As the head of the organization, sometimes I'm not only worried, I'm afraid. Because in some situations [where] you have to take the responsibility, you don't really see what happened, and you have to rely on the report that you have been provided. It can be biased.
Q: Was there any fallout from this decision? A: Basically, in the army, we all understand that if someone defects with arms, or if they are attacking us or giving a dangerous situation to us, they can be killed.
Q: What is the future role of ABSDF?
A: Basically, after we achieve our objectives, ABSDF will be finished. . . . [But] we are promoting an idea among ABSDF members to start a new generation of the political party. But this idea is floating and not decided yet.
