PRESS RELEASE
16 MARCH 2018
CRIMES AGAINST HUMANITY
AUNG SAN SUU KYI
ROHINGYA COMMUNITY IN AUSTRALIA SEEK LEAVE FROM THE AUSTRALIAN ATTORNEY-GENERAL, CHRISTIAN PORTER, TO PROSECUTE MYANMAR’S STATE COUNSELLOR, DAW AUNG SAN SUU KYI, FOR THE CRIME AGAINST HUMANITY OF DEPORTATION AND FORCED TRANSFER OF ROHINGYA PEOPLE FROM MYANMAR.
As the ASEAN-Australia summit convenes in Sydney, the Australian Rohingyan community have requested legal advocates to petition the Australian Attorney-General, the Hon. Christian Porter, to bring a prosecution against Daw Aung San Suu Kyi for the crime against humanity of deportation and forcible transfer of population.
They seek to prosecute Ms Kyi using the universal jurisdiction provisions provided for in Australia’s Commonwealth Criminal Code. These provisions were enshrined as part of Australia’s ratification of the Rome Statute (which established the International Criminal Court).
Today, the legal team lodged an application with the Magistrates’ Court of Victoria to bring a private prosecution against Ms Kyi.
Widespread and credible eyewitness reports tell of extensive and systematic crimes against the Muslim Rohingyan population by the Myanmar security forces, including extra-judicial killings, disappearances, violence, rape, unlawful detention, and destruction of property and whole villages. Ms Kyi has denied these events have occurred.
Governments from around the world have condemned the Myanmar Government and its security forces, as well as Ms Kyi, for these crimes which have been equated to ethnic cleansing.
The Rohingya are effectively stateless (despite being indigenous to Myanmar), and have been denied citizenship rights including the right to register births, to hold a passport, to medical treatment, to attend school and own property.
It is alleged that Ms Kyi has failed to use her position of authority and power, and, as such, has permitted the Myanmar security forces to deport and forcibly remove Rohingyans from their homes.
Over half a million Rohingya have fled to Bangladesh since August 2017, fearing for their lives after witnessing the murder, torture and rape of family members.
Ms Kyi is the leader of the National League for Democracy in Myanmar (NLD), Minister of Foreign Affairs, State Counsellor of Myanmar, and Minister of the President’s Office. The NLD holds both the seats for the Ministry of Commerce and the Ministry of Finance and Planning in the Myanmar parliament, which gives them control of the country’s budget.
Leading barristers Ron Merkel, QC, Marion Isobel and Raelene Sharp are working with human rights lawyer Alison Battisson, from law firm Human Rights For All, and Daniel Taylor, on behalf of the Australian Rohingyan community to pursue this request to the Attorney-General.
For further information on the prosecution against Daw Aung San Suu Kyi, please contact Alison Battisson, Director Principal of Human Rights for All:
Ph: 0400 635 110
Email: alison.battisson@hr4a.com.au
Twitter: @alisonbattisson
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