Rule of law could never be implemented individually or by only a certain group, it is to be carried with the participation of all relevant departments with the cooperation of the people to overcome the challenges.
The second part of round table discussions on public justice and rule of law was conversed by panelists U Myo Tint, Judge of Supreme Court of Myanmar; U Win Myint, Deputy Attorney General of Union Attorney General’s Office; U Han Nyunt, Member of Anti-Corruption Commission of Myanmar; Police Major General Aung Naing Thu, Deputy Chief of Myanmar Police Force; and U Aung Soe, Member of the Joint Coordination Committee for Rule of Law and Justice Affairs of Yangon Region, Notary Public, Advocate was being conducted at the Studio Hall of Myanma Radio and Television (Tat Kon) in Nay Pyi Taw on 4 October 2018.
Police Major General Aung Naing Thu: There are two categories of challenges with regards to the rule of law. The first challenge is to contain, control and taking care of ex-convicts not to allow them to commit crime again. Our Myanmar Police Force may need to rehabilitate the former convicts with job opportunities through the team of area surveillance in cooperation with relevant organizations. This is one of the solutions to counter the challenges.
With regards to the second challenge that involves politic, economic, and social and religion matters, we need to create job opportunities, education, social welfare and healthcare in conformity with the local conditions through the participation of the government, state and region governments, the ministries and the people to overcome the challenges.
In the age of modern technology, the relevant ministries and the concerning technological and information companies must provide technical supports in time regarding the investigation of crimes. With the improvement of road transportation and communication many problems existed at the border check points such as the cross border crimes; the illegal border trades; the arms smuggling; the deterrent of goods that may hamper the rule of law. The people are also there in the border areas.
It is therefore, the people and the responsible officials of relevant ministries at the check point must work together with the Myanmar Police Force to overcome the challenges. Public awareness campaign must be carried out in a broader aspect. I would like to suggest that deserving punishment must be pronounced to the culprits by the lawmakers and judiciary in cooperation with the relevant departments and organizations.
In the task of crime prevention for the rule of law, one vital and important aspect is to get the information. I firmly believe that the crime prevention as well as in countering the challenges could be effectively carried out by getting the information, news and tip-off in advance from the public or the relevant departments. Therefore, I would like to point out my view that the people should cooperate with the Myanmar Police Force to get and provide the information in time.
U Aung Soe: Rule of law could never be implemented individually or by only a certain group, it is to be carried with the participation of all relevant departments with the cooperation of the people to overcome the challenges. In this connection, I would like to make assessment with regard to the crime such as the period before the crime, during the crime, the investigation period, the prosecution period, the sentencing period, and the role of the people.
Time has changed
The Myanmar Police Force has the main responsibility in connection with the crime. As it has already been told, the crime prevention is needed. It could not be done with bare hands, as the criminals have modern devices and weapons. Time has changed.
Therefore, the Myanmar Police Force is to be equipped with modern arms and devices. Another factor is about cybercrime which required fulfilling in the modern techniques. The crimes committed through the Facebook are to be dealt with cyber police. The law enforcers are to be equipped with modern trainings. In fact, it has been cooperating with the international organizations, which I have already witnessed. The international organizations are assisting us.
A police officer could not be assigned for (24) hours. They could endure only on duty roster basis. When we look into the root cause, the Myanmar Police Force has no adequate number of forces.
The number of police force in the states and Yangon Metropolitan are not the same. We need to recruit more skillful young police force members for the country. Over the years, new recruits for Myanmar Police Force have been inducted including women officers. We need to nurture more.
They must be provided with adequate entitlements so that they would become efficient officers and earned the esteemed of the people. In the successive era, there were times that the police and the people have had good relations as well as bad relations. In the judicial sectors, there are good people as well as bad people.
They must be reliable
There were talks about regular and customary corruption among the police force, which is needed to be reformed and changed. In the foreign countries, everybody including the kids is scared of the police. I mean they all are scared of committing crimes. We wanted our police force to be reliable force of the people. On the other hand, the police force must protect the people.
With regards to the law officers, the general people do not understand their nature of work. They thought that the law officers are just prosecuting the suspects to become culprits and offenders. In fact it is not like that according to law aspect. If the suspects were not committed any wrong doing, they are being released. The law officers must be skillful in their tasks.
With regards to the judges, there were many irrelevant comments over their ethics. There were notorious judges as well as good and perfect judges. Recently, we have more disciplines and have better service regulations, resulting with the good impression of the judiciary system. More esteemed and respect are being earned by the courts. Changing has been taking place in the courts. Photo copying of the relevant court documents have been expedited.
The mindsets of the people and the law structures are to be reformed.
Especially, our lawyers and advocates have been blamed for rampant corruption. We are being charged as liars. In some cases, they were true, but not all. If and when the lawyers’ organizations and the lawyers and advocates have dignity and self-esteemed, they are in the right track to be doing noble tasks. The law organizations must nurture and trained the new generation lawyers.
In wrapping up, I would like to say that we are in the same boat, and that we are heading to the same destination. With regards to the rule of law, no one could do alone. We must all come together such as the Myanmar Police Force, the lawyers and advocates, the judges, and the people to fight against the bribery and corruption. Cooperation does not mean to cooperate in the “giving and taking”.
We have our own tasks and responsibilities. We must shoulder our own responsibilities to reach the destination of rule of law. The core task is to free ourselves from corruption. More importantly, I would like to raise a question such as “Who has the responsibility?” Whether the police, the judges, or the advocates. I am of the view that we all have the responsibility. Moreover, the people also have the responsibilities. Each and every citizen has the responsibility.
I would like to offer an example. If an individual stays in accordance with the law and discipline, then the family would become a law abiding family. As a result, the ward, village and town would become united and disciplined. Eventually, the town and city could be under the rule of law, and finally, the rule of law could prevail in the nation.
Therefore, the people could not say that the information and tip-off is nothing to do with them. The people must reveal the information. Traditionally and culturally, Myanmar people tend to avoid appearing at the law courts, offices and police stations. If and when required, the people must come forward to the law courts as witnesses. Each and everyone must abide by the law, and eventually the family would be free from felony and misdeeds. Then, our nation would be under the rule of law. Finally, we would reach the goal of justice in the society in the nation of peace. Allow me to conclude by saying let us go together to the same destination for the rule of law.
Translated by UMT (Ahlon)