A Yangon court this morning sentenced two men to death for the January 2017 assassination of NLD legal adviser and constitutional law expert U Ko Ni, while two accomplices were handed 3- and 5-year prison sentences, respectively.
The death sentences, given to gunman Kyi Lin and Aung Win Zaw, the man who drove him to the murder scene, are thought to be largely symbolic given that the last known instance of the death penalty being exercised in Myanmar was in 1988.
The verdict comes a bit over two years after U Ko Ni was gunned down in broad daylight as he carried his young grandson outside Yangon International Airport.
Zeya Phyo, accused of withholding information from the court, earned a sentence of five years, while U Win Htun, guilty of harboring a fugitive, was given three years. Aung Win Khaing, the man believed the mastermind behind the assassination, fled the country in its wake and remains at large.
Observers had initially believed Zeya Phyo would be handed a life-sentence for his involvement. Today’s downgrading of his sentence has raised some red flags.
“The verdict clearly aims to bring justice to the families of the two murdered men, but the sudden and unexpected downgrading of Zeyar Phyo’s sentencing gives serious pause and needs to be fully explained,” Deputy Asia Director of Human Rights Watch, Phil Robertson said.
The investigation and trial have been plagued by accusations of impunity, bureaucratic deadlock and disregarding clear evidence of culpability.
In addition to being a key adviser to de facto head of state Aung San Suu Kyi, U Ko Ni, was a father, a community leader and an advocate for freedom of religion. One of the few Muslims in a senior position within the NLD administration, he utilized his platform to speak out against rising Buddhist nationalism, and the military’s entanglement in Myanmar’s politics.
He was also the chief architect behind Suu Kyi’s ascension to the post of State Counselor, and was working on amending the 2008 military-drafted constitution before he was murdered.
In an interview two weeks ago, associate professor at the University of New South Wales and Myanmar law expert Melissa Crouch told Coconuts Yangon that the assassination had “had a chilling effect — on the government and the NLD, on lawyers, and on various minority groups.”
While the sentencing is a positive step towards administering justice, Robertson, who also urged Myanmar to abolish the death penalty entirely, believes that there is a long way to go.
“The government must redouble its efforts to catch mastermind Aung Win Khaing, because as long as he is free, justice can never be said to be fully done in this case,” Robertson concluded.
