Hong Kong-based Asian Human Rights Commission today condemned the Burmese judicial system for failing to hold fair trials and deliver justice to victims of human rights violations in the country in keeping with court procedures.

The AHRC said that Burmese courts not only deny basic principles of human rights and principles of the rule of law to its citizens but also approve the authorities illegally imprisoning citizens who are defending their basic rights.

On Monday, a district court in southern Rangoon postponed a court hearing session summon on an appeal made by Khin Win of Kawhmu Township of Rangoon Division, when the prosecutors failed to turn up at the court.

In November 2006, Daw Khin Win filed a complaint with the South Rangoon District Peace and Development Council about the corrupt activities of the Nyaungpinthar Village Tract Peace and Development Council officials, headed by chairman U Win Shein.

Following her complaint, authorities lodged a counter complaint against her for making false allegations against the authorities and sentenced her to a year in prison in December 2006.

“We see a great many problems relating to how the justice system is operating [in Burma],” said a spokesperson of the AHRC adding that, “In her [Daw Khin Win] case she didn’t obtain any kind of opportunity to have [her] complaint heard.”

Daw Khin Win, who is currently detained in Insein prison, however, appealed to the Court, which then ordered a court hearing on February 19, 2007. But with the prosecutors failing to appear on Monday, the court postponed the hearing to February 27.

“It is a common tactic to delay the court proceedings… the court delays are major obstacles to obtain justice. Now it remains to be seen what happens next,” the AHRC spokesperson said.

The AHRC said the judge should respond in accordance with the court proceedings if the prosecutors continue to use dilatory tactics.

In military-ruled Burma, Daw Khin Win is not the first to have faced counter complaints and be prosecuted and jailed. Su Su Nwe of Htan Manaing village in Kawhmu Township of Rangoon Division was sentenced to 18 months in prison in October 2005 on charges of abusing and intimidating local officials.

The counter charge and sentence followed when she had successfully sued village authorities in Kawmhu Township for imposing forced labour.

However, following mounting international pressure, authorities freed Su Su Nwe, who suffers from a heart condition, after she served nine months of her prison term, in June 2006.