On 4 May 2009,
American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
citizen John Yettaw trespassed upon
the residence
The Residence, also known as Woodberry, is a historic home located on the grounds of Woodberry Forest School at Woodberry Forest, Virginia, Woodberry Forest, Madison County, Virginia. It was built in 1793, reputedly after the plans of Thomas Jeff ...
of
Burmese
Burmese may refer to:
* Something of, from, or related to Myanmar, a country in Southeast Asia
* Burmese people
* Burmese language
* Burmese alphabet
* Burmese cuisine
* Burmese culture
Animals
* Burmese cat
* Burmese chicken
* Burmese (hor ...
political prisoner
A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention.
There is no internationally recognized legal definition of the concept, although n ...
Aung San Suu Kyi
Aung San Suu Kyi (; ; born 19 June 1945) is a Burmese politician, diplomat, author, and a 1991 Nobel Peace Prize laureate who served as State Counsellor of Myanmar (equivalent to a prime minister) and Minister of Foreign Affairs from ...
, two weeks before her scheduled release from
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
on 27 May. This illegal visit prompted Suu Kyi's arrest on 13 May 2009.
Yettaw himself was arrested by Burmese authorities on 6 May. He was charged on 14 May with illegally entering a restricted zone, illegal swimming and breaking immigration laws.
It is illegal in Burma to have a guest stay overnight at one's home without notifying the authorities first.
[
]
Their trial began 18 May 2009. On 11 August, Yettaw was sentenced on three counts totalling seven years, including four
hard labour. Suu Kyi was sentenced to eighteen months of house arrest.
On 14 August,
US Senator
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and powe ...
Jim Webb
James Henry Webb Jr. (born February 9, 1946) is an American politician and author. He has served as a United States senator from Virginia, Secretary of the Navy, Assistant Secretary of Defense for Reserve Affairs, Counsel for the United States ...
arrived in Burma and successfully negotiated Yettaw's release and 16 August deportation.
Burmese authorities asserted that Yettaw's visits were instigated by opposition groups as part of efforts to pressure and embarrass the Burmese government.
The incident effectively meant that she was unable to participate in the
2010 elections.
2008 visit
In May 2008, Yettaw and his teenage son took a lengthy trip to Asia. His son did not return home until school started again in September. Yettaw then travelled to
Mae Sot
Mae Sot ( th, แม่สอด, ; my, မဲဆောက်, ; shn, , ) is a city in western Thailand that shares a border with Myanmar to the west. It is notable as a trade hub and for its substantial population of Burmese migrants and refug ...
,
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
, where he took up residence in a hotel, bought a motorcycle and developed a friendship with a Thai resident. He developed a deep interest in Aung San Suu Kyi and told people that he had to bring international attention to her situation. He tried unsuccessfully to get work at Thai NGOs. In October, after having a vision that he was a defender of the oppressed, he left Mae Sot without paying any of his bills. On 27 October in
Bangkok
Bangkok, officially known in Thai language, Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estima ...
, Thailand, he obtained his Burma
visa
Visa most commonly refers to:
*Visa Inc., a US multinational financial and payment cards company
** Visa Debit card issued by the above company
** Visa Electron, a debit card
** Visa Plus, an interbank network
*Travel visa, a document that allows ...
. On 7 November he flew to
Yangon
Yangon ( my, ရန်ကုန်; ; ), formerly spelled as Rangoon, is the capital of the Yangon Region and the largest city of Myanmar (also known as Burma). Yangon served as the capital of Myanmar until 2006, when the military government ...
.
On 30 November, he reached Aung San Suu Kyi's home by swimming across
Lake Inya. He entered the property via a
culvert
A culvert is a structure that channels water past an obstacle or to a subterranean waterway. Typically embedded so as to be surrounded by soil, a culvert may be made from a pipe, reinforced concrete or other material. In the United Kingdom ...
on University Avenue Road and Inya Myaing Road. He then made his way over a small fence behind the house, which was a restricted zone and was without communication devices. Burmese authorities had forbidden Aung San Suu Kyi from having contact with outsiders.
His trek was successful despite her residence being surrounded by over a dozen security guards 24 hours a day, and despite the presence of police boats that frequently patrolled local waters.
Yettaw was prevented by the house staff from communicating with Aung San Suu Kyi, but he stayed there for a period of longer than two days.
During this initial visit, Yettaw gave her at least six books, including ''The
Book of Mormon
The Book of Mormon is a religious text of the Latter Day Saint movement, which, according to Latter Day Saint theology, contains writings of ancient prophets who lived on the American continent from 600 BC to AD 421 and during an interlude date ...
'', along with a letter written by Yettaw's daughter. This letter was later ripped up by Aung San Suu Kyi.
She reported Yettaw's visit to her doctor who alerted authorities. Authorities took no action.
He left the property via the same route he arrived.
According to Yettaw, upon his departure from her house, police officers apprehended him, aimed guns at him, asked "What are you doing here?", but then let him go.
Unable to fly out of
Bangkok
Bangkok, officially known in Thai language, Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estima ...
,
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
due to
political protests involving the seizure of Suvarnabhumi International Airport, Yettaw laid over at the Highland Hotel in
Mae Sot
Mae Sot ( th, แม่สอด, ; my, မဲဆောက်, ; shn, , ) is a city in western Thailand that shares a border with Myanmar to the west. It is notable as a trade hub and for its substantial population of Burmese migrants and refug ...
,
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
for over a month. There he spoke openly to several people about his failed attempt to see Aung San Suu Kyi and his plans to try again. During this time he frequently visited
refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution. schools and met the children. He was often seen with a Thai woman.
He also visited the
Mae Tao Clinic nearly a dozen times, where he communicated with
Bo Kyi of the
.
As of May 2009, Yettaw was still paying off the travel cost of his 2008 visit.
2009 visit and arrest
In mid-April 2009, Yettaw travelled from Missouri to California to see an ex-wife. He informed her that he needed to go to Asia to obtain details on a paper he was writing about forgiveness. On 20 April, Yettaw flew to
Bangkok
Bangkok, officially known in Thai language, Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estima ...
, leaving his children with various friends.
He told his family that he was working on a book and searching for US soldiers
missing in action
Missing in action (MIA) is a casualty classification assigned to combatants, military chaplains, combat medics, and prisoners of war who are reported missing during wartime or ceasefire. They may have been killed, wounded, captured, ex ...
from the
Vietnam War
The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
.
[
] According to Yettaw's wife, he wanted to interview Aung San Suu Kyi about forgiveness and resilience.
Soon thereafter, Yettaw visited exiled Burmese groups in
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
and told them about a faith-based book he was writing on heroism.
Yettaw spent a week in Bangkok waiting for his Burma visa to clear.
On the evening of 3 May 2009, Yettaw swam a distance across
Lake Inya in Yangon to the house where Aung San Suu Kyi was held under house arrest by Burmese authorities. He planned his route across the lake using
Google Earth
Google Earth is a computer program that renders a 3D computer graphics, 3D representation of Earth based primarily on satellite imagery. The program maps the Earth by superimposition, superimposing satellite images, aerial photography, and geog ...
.
Some policemen saw him during his swim and threw rocks at him.
Using the same route he used during the 2008 visit, via the culvert, and over a small fence, Yettaw successfully evaded the government security guards and entered her residence at 5 am on 4 May.
He entered the house by climbing up a drain.
Inside, he came upon two female assistants, Khin Khin Win and Win Ma Ma, a mother and daughter, Aung San Suu Kyi's sole sanctioned companions.
He informed them that he was tired, hungry and suffered from
diabetes
Diabetes, also known as diabetes mellitus, is a group of metabolic disorders characterized by a high blood sugar level ( hyperglycemia) over a prolonged period of time. Symptoms often include frequent urination, increased thirst and increased ap ...
. The women fed him.
He asked Aung San Suu Kyi if he could stay at the house for a few days. She refused, and her caretakers threatened to turn him in to the authorities, but Aung San Suu Kyi agreed to let him stay on the ground floor after he began to complain about leg cramps. During his stay, they provided him with
rehydration salts and meals. Some of his time there he devoted to prayer.
The Burmese government requires all non-family overnight visitors to be registered and forbids overnight stays by foreigners.
According to Aung San Suu Kyi and her assistants, he stayed there as an uninvited, unwelcomed guest. Yettaw's family later stated that he was "well-intentioned" and "unaware of the possible consequences."
Yettaw left the house just before midnight (11:45 pm) on 4 May, the same day he arrived, although some accounts allege he left on 5 May.
He then swam towards the home of the US Counselor, which shares a fence with
Kanthaya Hospital.
According to Burmese officials, Yettaw left behind "two black
chador
A chādor (Persian, ur, چادر, lit=tent), also variously spelled in English as chadah, chad(d)ar, chader, chud(d)ah, chadur, and naturalized as , is an outer garment or open cloak worn by many women in the Persian-influenced countries of Ira ...
s, two black scarves, two long skirts, one red torch light, six color pencils in a plastic bag, three pairs of sunglasses, two signal lights, a pair of swimming glasses, one two-pin plug, two pieces of circuit wire, one recharger, a black bag with a zip in it that was used to keep the apparatuses, a plastic bag with a zip in it, two pairs of gray stockings, five parts of an English book, and a bag with pieces of torn paper sheets in it."
At 5 AM on 5 May Yettaw was apprehended by police near the International Business Center on the lake's west bank, less than 100 feet from the US counselor's home.
Arrest and fallout
Originally scheduled to return to the United States 24 June, Yettaw was arrested 6 May and taken to
Insein prison
Insein Prison ( my, အင်းစိန်ထောင်) is located in Yangon Division, near Yangon (Rangoon), the old capital of Myanmar (formerly Burma). From 1988 to 2011 it was run by the military junta of Myanmar, named the State Law and ...
; on 14 May he was charged with illegally entering a restricted zone, illegal swimming and breaking immigration laws.
Illegal entry carries a maximum penalty of five years in prison; immigration violations carry up to one year in jail.
Yettaw shared his cell with two Burmese prisoners. He refused to eat food, hoping to induce another vision.
Upon his arrest he was carrying two empty five-litre plastic bottles, two small bags, his US passport, a flashlight, a camera protected by plastic wrap, a pair of pliers, a screw driver, a pair of folding pliers with laser, six memory cards, a torch light with dry cells, 28 separate dry cells, a hat, a white shirt with long sleeves, a pair of trousers, seven paper sheets with written English words, two paper sheets with printed words, two envelopes, two $100 bills, two $10 bills, one $50 bill, ninety-three 1000-kyat notes, and 10 visiting cards. Pictures on his camera included photographs of
Aung San
Aung San (, ; 13 February 191519 July 1947) was a Burmese politician, independence activist and revolutionary. He was instrumental in Myanmar's struggle for independence from British rule, but he was assassinated just six months before his go ...
, a fighting peacock and a bookshelf.
As a result of the 2009 visit, the authorities declared that Aung San Suu Kyi breached the conditions of her
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
.
She was charged under the country's Law Safeguarding the State from the Dangers of Subversive Elements, which carried a three-to-five-year jail term. She and her two caretakers, Khin Khin Win and Win Ma Ma, were removed to the
Insein prison
Insein Prison ( my, အင်းစိန်ထောင်) is located in Yangon Division, near Yangon (Rangoon), the old capital of Myanmar (formerly Burma). From 1988 to 2011 it was run by the military junta of Myanmar, named the State Law and ...
, where they stayed for the duration of the trial. According to Police Brigadier General
Myint Thein, prior to the Yettaw visit, authorities had considered letting Aung San Suu Kyi go free, but the incident "infringed on existing law and we unavoidably and regretfully had to take legal action against her."
Aung San Suu Kyi's followers insisted that the government used this incident to continue her detention until after the 2010 general elections.
Other supporters have raised suspicions that the incident was constructed by the government.
The Burmese government alleges that Yettaw's visit involved a conspiracy of "internal and external anti-government elements" meant "to intensify international pressure" to release her.
Her lawyer
Kyi Win said on 14 May: "Everyone is irritated with this American. All of these problems are his fault. He is a fool. Suu Kyi begged him to go back, but he said he was too tired. He slept overnight on the first floor."
However, two weeks later her defence lawyer
Nyan Win
Nyan Win ( my, ဉာဏ်ဝင်း, ; born 22 January 1953) is the Chief Minister of Bago Region from 2011 to 2016. He won a Regional Hluttaw seat in an uncontested election in 2010, representing Zigon Township, and was appointed Chief Min ...
stated that "Daw Aung San Suu Kyi said she bore no grudge against Mr. Yettaw or his family."
Authorities closely investigated security lapses involving Yettaw's visits. It was announced on 7 August that after questioning sixty-one security members of the police battalion in question, one police
lieutenant colonel
Lieutenant colonel ( , ) is a rank of commissioned officers in the armies, most marine forces and some air forces of the world, above a major and below a colonel. Several police forces in the United States use the rank of lieutenant colone ...
was demoted, an undisclosed number of personnel were given three- to six-month prison terms for
dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties (or follow a given o ...
, and over twenty others received actions against them under a Police Disciplinary Rule.
Tin Myo Win
Tin Myo Win ( my, တင်မျိုးဝင်း; born: ) is a Burmese physician, former political prisoner and long-time personal physician of Burmese politician Aung San Suu Kyi.
Personal life and political career
Tin Myo Win taught s ...
, Suu Kyi's physician, was under investigation as a conspirator but was released before the trial began.
[
]
Trial
The criminal case, #47/2009, levied against Yettaw, Aung San Suu Kyi, Khin Khin Win and Win Ma Ma, began 18 May 2009 in the
Yangon North District Court.
Suu Kyi and Yettaw each pleaded
not guilty to their charges.
On the first day a
US consular officer was present to observe. Khin Maung Oo represented Yettaw.
Yettaw faced charges relating to, according to the
United States State Department
The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
, "immigration, trespassing into a restricted zone, and violating a law that protects the state from those desiring to cause subversive acts."
The first day's witnesses included the two police officers who apprehended Yettaw in Inya Lake after he swam away from Aung San Suu Kyi's house. The officers initially thought Yettaw was a thief. When they discovered he was a foreigner, they turned him over to the Special Branch, which usually handles political cases.
On 20 May, police major Tin Zaw Htun was called by the prosecution to testify. He provided details of items Yettaw left at her home, including three pair of
sunglasses
Sunglasses or sun glasses (informally called shades or sunnies; more names below) are a form of protective eyewear designed primarily to prevent bright sunlight and high-energy visible light from damaging or discomforting the eyes. They can s ...
and two
abaya
The abaya "cloak" (colloquially and more commonly, ar, عباية ', especially in Literary Arabic: '; plural ', '), sometimes also called an ''aba'', is a simple, loose over-garment, essentially a robe-like dress, worn by some women in par ...
-like dresses. The dresses and sunglasses were modelled for the court by two women.
The Burmese government alleged that Yettaw used these garments to disguise himself.
When questioned about these and other items left behind, Aung San Suu Kyi explained that Yettaw had left them for her as presents.
Police captain Sa Kyaw Win was also called by the prosecution. He testified that on 6 May he seized sixty-one items from Yettaw's room on the fifth floor of the
Beauty Land Hotel in
Yangon
Yangon ( my, ရန်ကုန်; ; ), formerly spelled as Rangoon, is the capital of the Yangon Region and the largest city of Myanmar (also known as Burma). Yangon served as the capital of Myanmar until 2006, when the military government ...
.
Confiscated items included: a
camcorder
A camcorder is a self-contained portable electronic device with video and recording as its primary function. It is typically equipped with an articulating screen mounted on the left side, a belt to facilitate holding on the right side, hot-swa ...
and charger, a pair of
night glasses, a vocal translator, a mobile phone and charger, a battery charger, a
USB memory stick
A USB flash drive (also called a thumb drive) is a data storage device that includes flash memory with an integrated USB interface. It is typically removable, rewritable and much smaller than an optical disc. Most weigh less than . Since fir ...
, a pair of scissors, a map published by
Myanmar Tourism Service, and money hidden in a
phone book
A telephone is a telecommunications device that permits two or more users to conduct a conversation when they are too far apart to be easily heard directly. A telephone converts sound, typically and most efficiently the human voice, into e ...
.
On 21 May, prosecutors submitted for evidence a video Yettaw created with the intent of uploading it onto YouTube. The video began with a shot of a photograph of
Aung San
Aung San (, ; 13 February 191519 July 1947) was a Burmese politician, independence activist and revolutionary. He was instrumental in Myanmar's struggle for independence from British rule, but he was assassinated just six months before his go ...
and then a shot of Yettaw beside the photograph. Yettaw's voice-over explained that he was at Suu Kyi's home, that he asked her if he could film her, but she declined. "She looked nervous," Yettaw's narration explains, "and I am sorry for that."
On 26 May, Aung San Suu Kyi took the stand to defend herself. When asked about Yettaw's visit, she testified that she and her assistants urged him to leave, and let him rest there for the day, but that he left her home before midnight.
In response to questions about items Yettaw left behind, she said "I don’t know if Mr. Yettaw had forgotten to take them or left them. Only Mr. Yettaw will know." Later that day Burmese authorities officially lifted her
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
, but continued to detain her in prison,
although another government official stated that her house arrest did not expire for another six months.
On 27 May, the court heard testimony from Yettaw and Suu Kyi's two caretakers, Khin Khin Win and Win Ma Ma.
Her caretakers testified for 30 minutes each, and Yettaw testified for nearly three hours. He stated repeatedly that he was sent on this journey by God to protect Aung San Suu Kyi from a terrorist group trying to assassinate her. He stated that he was seen by policemen as he swam across the lake, and that they did not fire guns at him, but threw rocks instead. He also stated that he had tried to enter Suu Kyi's previously, that police apprehended him, questioned him briefly and then let him go.
On the same day, Aung San Suu Kyi released a statement alleging that Burmese authorities were to blame for Yettaw's security breach. She had reported Yettaw's unwelcomed 2008 visit to authorities, but no action was ever taken.
On 28 May, the defence's only witness,
Kyi Win, took the stand. He stated that Yettaw entered Aung San Suu Kyi's restricted residence twice and each time security guards allowed it, and therefore they had also violated the law. Furthermore, because no action was taken by the security guards, then Yettaw, Aung San Suu Kyi and her assistants were not guilty of the charges. Through further questioning by Yettaw's lawyer,
Khin Maung Oo, U Kyi Win added that the property Yettaw entered did not belong to Aung San Suu Kyi but instead belonged to the State because the government had official security guards around it. He also made the argument that the charges against her fall under parts of the law that were based on the now abolished 1974 constitution, and therefore are invalid.
Yettaw then took the stand. Yettaw stated that, on his own accord, he entered the property on the morning of 4 May, that he left the property about midnight on 5 May. Under cross-examination, Yettaw stated that in November 2008 and May 2009 he applied for
Visa
Visa most commonly refers to:
*Visa Inc., a US multinational financial and payment cards company
** Visa Debit card issued by the above company
** Visa Electron, a debit card
** Visa Plus, an interbank network
*Travel visa, a document that allows ...
s to visit Yangon, during which time he signed an agreement that he would respect Burma's laws and visa rules. He acknowledged that he entered the property secretly and without permission, that he knew the property was guarded. He also stated that he did not mean to break any immigration laws.
In the afternoon authorities brought Yettaw to University Avenue Road and had him explain how he crossed Inya Lake. Yettaw explained how he entered the lake through a small drain on University Avenue Road and Than Lwin Street. University Avenue Road was closed off for an hour and a half during his explanation. The court then announced that the original verdict date of 29 May was to be postponed, and that final arguments would be made 1 June.
Of the eight days of proceedings, only two were open to journalists and diplomats.
Also, Aung San Suu Kyi's lawyers were barred from discussions with her and authorities allowed none of them time to prepare her testimony.
The trial judge originally accepted only one of the four witnesses offered by the defence, while accepting fourteen of the twenty-three government witnesses,
but on 3 June Yangon's Divisional Court agreed to hear an appeal from the defence to re-admit three witnesses:
Win Tin
Win Tin ( my, ဝင်းတင်, , 12 March 1929 – 21 April 2014) was a Burmese journalist, politician and political prisoner. He co-founded the National League for Democracy (NLD). He was imprisoned by the military government for 19 years ( ...
,
Tin Oo
Tin Oo ( my, တင်ဦး, ; born 11 March 1927), often referred to as U Tin Oo, is a Burmese politician, activist and retired general in the Armed Forces who was one of the founders of the National League for Democracy (NLD) in Myanmar, the c ...
and
Khin Moe Moe, all members of the
National League for Democracy
The National League for Democracy ( my, အမျိုးသား ဒီမိုကရေစီ အဖွဲ့ချုပ်, ; Abbreviation, abbr. NLD; Burmese abbr. ဒီချုပ်) is a liberal democratic political party in Myanm ...
. The appeal was set for 5 June, but not until 9 June did the Divisional Court agree to allow Khin Moe Moe's testimony.
Her lawyers then sent an appeal to the
High Court to allow the other two witnesses.
The appeal was accepted by the Court and scheduled for 17 June. Closing arguments were rescheduled for 12 June, but her lawyers requested and had granted an adjournment until 26 June to allow Khin Moe Moe to testify at the trial. Khin Moe Moe needed time to travel from
Shan State
Shan State ( my, ရှမ်းပြည်နယ်, ; shn, မိူင်းတႆး, italics=no) also known by the Endonym and exonym, endonyms Shanland, Muang Tai, and Tailong, is a administrative divisions of Myanmar, state of Myanmar. ...
and to prepare.
On 11 June 2009, Suu Kyi wrote a letter to the court explaining that after asking Yettaw to leave, she allowed him to stay overnight in order that he might avoid arrest and on the excuse of his health condition. On 24 June, the Burmese Supreme Court heard arguments from her lawyers for allowing two more defence witnesses to testify. Judges argued that, because Tin Oo was under
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
and because Win Tin said things in interviews with the ''
Democratic Voice of Burma
The Democratic Voice of Burma ( my, ဒီမိုကရေတစ်မြန်မာ့အသံ, abbreviated DVB) is one of Myanmar's largest independent media organisations.
DVB was founded as a non-profit media organization based in Osl ...
'' that were critical of the Burmese government, they should not be allowed to testify.
Five days later the Court officially rejected the two witnesses.
On 26 June, the Court set Khin Moe Moe's appearance for 3 July.
On the same day United Nations envoy
Ibrahim Gambari
Ibrahim Agboola Gambari, (born 24 November 1944), is a Nigerian academic and diplomat who is currently serving as Chief of Staff to the President of Nigeria.
Early life and education
Ibrahim Agboola Gambari was born on 24 November 1944 in Ilo ...
arrived in
Naypyidaw
Naypyidaw, officially spelled Nay Pyi Taw (; ), is the capital and third-largest city of Myanmar. The city is located at the centre of the Naypyidaw Union Territory. It is unusual among Myanmar's cities, as it is an entirely planned city outs ...
and met with foreign minister
Nyan Win
Nyan Win ( my, ဉာဏ်ဝင်း, ; born 22 January 1953) is the Chief Minister of Bago Region from 2011 to 2016. He won a Regional Hluttaw seat in an uncontested election in 2010, representing Zigon Township, and was appointed Chief Min ...
. He was not able to meet with Aung San Suu Kyi, but did request that Burma free its political prisoners. The expressed purpose of Gambari's visit was to open the door for a visit by U.N. chief
Ban Ki-moon
Ban Ki-moon (; ; born 13 June 1944) is a South Korean politician and diplomat who served as the eighth secretary-general of the United Nations between 2007 and 2016. Prior to his appointment as secretary-general, Ban was his country's Minister ...
.
Ban arrived in
Naypyitaw on 3 July, but after two days of talks with General
Than Shwe
Than Shwe ( my, သန်းရွှေ, ; born 2 February 1933 or 3 May 1935) is a Burmese strongman politician who was the head of state of Myanmar from 1992 to 2011 as Chairman of the State Peace and Development Council (SPDC).
During this ...
, Ban was unable to negotiate a visit with Aung San Suu Kyi and left without any progress.
On 3 July, the Court announced the adjournment was extended for another week. Defense witness Khin Moe Moe took the stand 10 July, testifying for six hours (from 10:00 am to 5:00 pm with an hour lunch at noon). Khin Moe Moe and the defence team argued that the law under which Aung San Suu Kyi was being tried, Section 22, which protects the government from people planning subversive acts, was created under the 1974 Constitution, which was abolished by the current Burmese government in 1988. He was the last witness of the trial. Final arguments were set by the Court for 24 July.
On 24 July, her defence gave a 30-page closing statement.
British, German, Norwegian, French and Italian diplomats were present, marking only the third time during the trial Burmese officials had allowed such access. The trial was then adjourned over the weekend until 27 July, providing the prosecution more time to prepare.
On 27 July, the defence team submitted an application to the court to call an additional witness,
Nyunt Maung Shein, a Burmese foreign ministry official. Final arguments were presented for Yettaw, Khin Khin Win and Win Ma Ma. The morning session was attended by diplomats from Australia, Japan, Singapore, the United States, the Philippines and Malaysia, while in the afternoon only US Consul
Colin Furst was in attendance. The final defence arguments, including a 15-minute statement from Yettaw, concluded 28 July. Again, diplomats from the US, Japan, Singapore and Thailand were present.
The Court announced the verdicts would be made 31 July.
Officials then notified shops in the vicinity to be closed 31 July. Two police battalions also arrived to support the already existing security forces. However, on 31 July judges
Thaung Nyunt and
Nyi Nyi Soe, citing an undisclosed problem with the legal procedures, adjourned the trial until 11 August, three days after the anniversary of the
8888 Uprising
The 8888 Uprising ( my, ၈၈၈၈ အရေးအခင်း), also known as the People Power UprisingYawnghwe (1995), pp. 170 and the 1988 Uprising, was a series of nationwide protests, marches, and riots in Burma (present-day Myanmar) th ...
. After the announcement, Yettaw moved about the courtroom and said "I love you" to the defence team.
The verdict came on 11 August. Yettaw was condemned to a total of seven years: three for violating Aung San Suu Kyi's house arrest, three hard labour for breaking immigration laws, and one hard labour for trespassing. Aung San Suu Kyi was initially sentenced to three years of hard labour, but after a five-minute recess,
Than Shwe
Than Shwe ( my, သန်းရွှေ, ; born 2 February 1933 or 3 May 1935) is a Burmese strongman politician who was the head of state of Myanmar from 1992 to 2011 as Chairman of the State Peace and Development Council (SPDC).
During this ...
reduced it to eighteen months of house arrest. Khin Khin Win and Win Ma Ma were also sentenced to eighteen months.
Health issues during the trial
On 8 May, Yettaw began to
decline food, claiming religious reasons, and accepted only water.
On 9 July, he was removed to Insein Prison hospital because he was still refusing food. There authorities began feeding him intravenously.
On 3 August, Yettaw was taken from Insein prison and admitted to
Yangon General Hospital
The Yangon General Hospital (YGH, my, ရန်ကုန် ပြည်သူ့ ဆေးရုံကြီး) is a major public hospital in a compound in Yangon, Myanmar. The 2,000-bed hospital consists of seven medical wards, three surgical ...
after having seizures. He was isolated in
intensive care
Intensive care medicine, also called critical care medicine, is a medical specialty that deals with seriously or critically ill patients who have, are at risk of, or are recovering from conditions that may be life-threatening. It includes pro ...
in a heavily guarded separate room and treated by neurological specialists. Previous to this incident, Yettaw had been held in the prison's hospital where he received regular treatment for his seizures and diabetic and heart conditions.
Two days later, Yettaw was visited by US Embassy official
Colin Furst. The same day, defence lawyer
Nyan Win
Nyan Win ( my, ဉာဏ်ဝင်း, ; born 22 January 1953) is the Chief Minister of Bago Region from 2011 to 2016. He won a Regional Hluttaw seat in an uncontested election in 2010, representing Zigon Township, and was appointed Chief Min ...
expressed concern that Yettaw's condition may further delay the trial because "The court normally doesn't make judgment in the absence of the accused."
Yettaw remained in intensive care throughout the week. On 7 August, he suffered three more fits, according to Police
Brigadier General
Brigadier general or Brigade general is a military rank used in many countries. It is the lowest ranking general officer in some countries. The rank is usually above a colonel, and below a major general or divisional general. When appointed ...
Khin Yi
Khin Yi ( my, ခင်ရီ) is a Burmese politician who served as Minister of Immigration and Population from March 2011 to August 2015 and again from August 2021 to August 2022 as well as Chief of the Myanmar Police Force from April 2002 t ...
.
Yettaw was discharged 10 August.
Release from Burma
On 12 August 2009, US Senator
Jim Webb
James Henry Webb Jr. (born February 9, 1946) is an American politician and author. He has served as a United States senator from Virginia, Secretary of the Navy, Assistant Secretary of Defense for Reserve Affairs, Counsel for the United States ...
negotiated Yettaw's release on humanitarian grounds because of Yettaw's health. Burmese authorities commuted Yettaw's sentence in half, suspending the remaining three-and-a-half years upon Yettaw's deportation.
On 14 August, Senator Webb flew with Yettaw to Thailand. Yettaw had to be helped off the plane. He gave reporters an "I love you"
sign
A sign is an object, quality, event, or entity whose presence or occurrence indicates the probable presence or occurrence of something else. A natural sign bears a causal relation to its object—for instance, thunder is a sign of storm, or me ...
, but did not respond to any questions. He was immediately placed in an undisclosed
Bangkok
Bangkok, officially known in Thai language, Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estima ...
hospital. The next day he underwent medical examination. According to Senator Webb and Yettaw's family members, Yettaw was not in good health.
On 19 August, Yettaw made a near 24-hour trip from Bangkok to the United States, landing first in Chicago and then flying on to
Springfield, Missouri
Springfield is the third largest city in the U.S. state of Missouri and the county seat of Greene County. The city's population was 169,176 at the 2020 census. It is the principal city of the Springfield metropolitan area, which had an estimat ...
. While transferring planes in
O'Hare International Airport
Chicago O'Hare International Airport , sometimes referred to as, Chicago O'Hare, or simply O'Hare, is the main international airport serving Chicago, Illinois, located on the city's Northwest Side, approximately northwest of the Chicago Loop, ...
, he was in a
wheelchair
A wheelchair is a chair with wheels, used when walking is difficult or impossible due to illness, injury, problems related to old age, or disability. These can include spinal cord injuries ( paraplegia, hemiplegia, and quadriplegia), cerebr ...
and wore a
surgical mask
A surgical mask, also known by other names such as a medical face mask or procedure mask, is a personal protective equipment used by healthcare professionals that serves as a mechanical barrier that interferes with direct airflow in and out of re ...
. He said to reporters there "If I had to do it again, I would do it a hundred times, a hundred times, to save her life", also adding "That they locked her up; it just breaks my heart." He refused a later question by saying "I wish I could talk more. I can't." He then made a zipper motion over his lips. Upon his arrival at
Springfield-Branson National Airport, at the request of his family, Yettaw was escorted out the side of the airport to avoid the media.
Biography of Yettaw
Yettaw was born in
Detroit
Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...
,
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
, in 1955. Yettaw lived with relatives in California for a time until he was able to join the
United States Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
.
He served for just over a year before being discharged, spending a majority of that time in Germany according to his military records.
His family has said that Yettaw told them that he has served stints in the US military in several countries of Southeast Asia.
Yettaw was diagnosed around 1999 with
post-traumatic stress disorder
Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on ...
related to his military service.
At age 20, Yettaw married for the first time in
southern California
Southern California (commonly shortened to SoCal) is a geographic and Cultural area, cultural region that generally comprises the southern portion of the U.S. state of California. It includes the Los Angeles metropolitan area, the second most po ...
,
later converting to
the Church of Jesus Christ of Latter-day Saints
The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a Nontrinitarianism, nontrinitarian Christianity, Christian church that considers itself to be the Restorationism, restoration of the ...
(LDS). In southern California, Yettaw had been licensed as a general contractor.
As of 2009, Yettaw lived in Missouri, and was in custody of four minor-aged children from a subsequent marriage.
Yettaw graduated from
Drury University
Drury University, formerly Drury College and originally Springfield College, is a private university in Springfield, Missouri. The university's mission statement describes itself as "church-related". It enrolls about 1,700 undergraduate and grad ...
in 1997
cum laude
Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
, where he earned degrees in multiple majors. More recently, he was enrolled in a doctoral program at the
Forest Institute's School of Professional Psychology (
Springfield, Missouri
Springfield is the third largest city in the U.S. state of Missouri and the county seat of Greene County. The city's population was 169,176 at the 2020 census. It is the principal city of the Springfield metropolitan area, which had an estimat ...
campus), leaving the program in 2007.
See also
*
Myanmar–United States relations
Myanmar (Burma) and the United States had a diplomatic contact prior to the British colonial period. They established formal diplomatic relations in 1947 in anticipation of Burma's independence.
The political relationship between the United Sta ...
*
James Mawdsley
References
External links
Aerial view of Inya Lake, Suu Kyi’s home (marked with a circle) and the location of Yettaw's arrest (marked with a box)* Images of Yettaw arriving in Thailand, 16 August 2009
* (AP)
Excerpt of CNN's interview with Yettaw (video)
{{DEFAULTSORT:Suu Kyi trespasser incidents
Politics of Myanmar
Trials in Myanmar
Aung San Suu Kyi
Drury University alumni
sv:John Yettaw