Carry Out A Coup, Myanmar's Parliament Prepares Death Penalty Demands For Military Leaders

JAKARTA - The State Administration Council (SAC) formed by the Myanmar military, led by Senior General Min Aung Hlaing, will face prosecution plans in both domestic and international courts over high treason for seizing power in violation of the 2008 Constitution.

This was issued by the Parliamentary Representative Committee of Myanmar (CRPH), which was initiated by members of parliament from the National League for Democracy (NLD) party led by Aung San Suu Kyi as the winner of the November 2008 elections as well as the majority of the parliament.

The CRPH, which has sought legal advice from a group of Myanmar jurists, found that perpetrators of the February 1 military coup could be charged with high treason and the death penalty.

"The fact that the military council has seized power using weapons constitutes high treason against the government and the council must be prosecuted in the Supreme Court", a representative of Myanmar jurists in his statement told The Irrawaddy.

"The power struggle violates Articles 201, 203, 347, and 375 of the 2008 Constitution drafted by the military and commander-in-chief, Min Aung Hlaing, himself by declaring a state of emergency", the statement continued.

Article 201 says a state of emergency cannot be declared without the consent of the 11 members of the National Defense and Security Council, where the military commander ranks sixth behind the president, two vice presidents, and two heads of chambers of parliament (upper house or Amyotha Hluttaw and lower house or Pyithu Hluttaw).

"They justified their coup by referring to the 2008 Constitution. We will prosecute them by proving that the coup is against the Constitution." We will do whatever we can”, said U Myo Naing, a CRPH member representing the Mandalay Region.

The military views the CRPH as a parallel government effort and has issued arrest warrants for its members.

"People act collectively. We provide a guide where we can and work step by step. The mutual agreement is to overthrow a military dictatorship. One must fight it with one thought and one voice. We are working on it”, said U Myo Naing.

The SAC has amended the Criminal Code definition of high treason, which says that only unconstitutional use of force constitutes high treason, meaning that the use of force is constitutionally acceptable.

CRPH stated that it opposed the amendments and urged the public not to recognize the changes. According to legal experts, changes to the law under the 2008 Constitution must be drafted in a bill through the DPR and signed by the President.