• Burmese
Saturday, June 14, 2025
No Result
View All Result
NEWSLETTER
The Irrawaddy
26 °c
Yangon
  • Home
  • News
    • Burma
    • Politics
    • World
    • Asia
    • Myanmar’s Crisis & the World
    • Ethnic Issues
    • War Against the Junta
    • Junta Cronies
    • Conflicts In Numbers
    • Junta Watch
    • Fact Check
    • Investigation
    • Myanmar-China Watch
    • Obituaries
  • Politics
  • Business
  • Opinion
    • Commentary
    • Guest Column
    • Analysis
    • Editorial
    • Stories That Shaped Us
    • Letters
  • Junta Watch
  • Ethnic Issues
  • War Against the Junta
  • In Person
    • Interview
    • Profile
  • Books
  • Donation
  • Home
  • News
    • Burma
    • Politics
    • World
    • Asia
    • Myanmar’s Crisis & the World
    • Ethnic Issues
    • War Against the Junta
    • Junta Cronies
    • Conflicts In Numbers
    • Junta Watch
    • Fact Check
    • Investigation
    • Myanmar-China Watch
    • Obituaries
  • Politics
  • Business
  • Opinion
    • Commentary
    • Guest Column
    • Analysis
    • Editorial
    • Stories That Shaped Us
    • Letters
  • Junta Watch
  • Ethnic Issues
  • War Against the Junta
  • In Person
    • Interview
    • Profile
  • Books
  • Donation
No Result
View All Result
The Irrawaddy
No Result
View All Result
Home News Burma

Myanmar’s Detained President Exposes Illegality of Coup in Court Testimony

The Irrawaddy by The Irrawaddy
October 13, 2021
in Burma
Reading Time: 4 mins read
0 0
A A
President U Win Myint, left, and commander-in-chief Min Aung Hlaing. / Facebook

President U Win Myint, left, and commander-in-chief Min Aung Hlaing. / Facebook

6.9k
VIEWS
Share on FacebookShare on Twitter

Court testimony from Myanmar’s ousted civilian President U Win Myint on Tuesday showed that commander-in-chief Senior General Min Aung Hlaing breached the military’s own 2008 Constitution when he seized power on Feb. 1.

On multiple occasions over the past eight months, whether in meetings with members of the State Administration Council (SAC) he chairs, or at gatherings with his subordinates, the commander-in-chief has repeatedly claimed that there was no coup on Feb. 1 and that the military takeover was carried out “constitutionally”.

However, on Tuesday, the 70-year-old detained President, testifying in his own defense, told a court in Naypyitaw that early on the morning of the takeover, two military generals entered his room at the Presidential Residence in Naypyitaw and tried to force him to resign from his post on the grounds of ill health.

RelatedPosts

China Defends Myanmar Junta on Human Rights at UN

China Defends Myanmar Junta on Human Rights at UN

June 12, 2025
854
Myanmar Junta Reinforces Kyaukphyu as AA Nears China-Backed SEZ Hub

Myanmar Junta Reinforces Kyaukphyu as AA Nears China-Backed SEZ Hub

June 11, 2025
2k
Chameleon Crony: How Myanmar’s ‘Baby’ Tycoon Thrived Across Four Eras

Chameleon Crony: How Myanmar’s ‘Baby’ Tycoon Thrived Across Four Eras

June 10, 2025
3.8k

According to his lawyer, the President told the court that the officers threatened him, saying that if he did not do as they instructed he would come to “harm”.

U Win Myint told the generals that he would rather die than consent to their proposal, the lawyer added.

The President said he told the generals that he was not concerned about being harmed, and that things should be handled as per the law and not by staging a coup, his lawyer said.

The first public revelation of the circumstances of President U Win Myint’s detention came as he personally defends himself against an incitement charge brought by the regime over statements released by his National League for Democracy (NLD) urging the public to resist the coup.

The same charge has also been brought against detained State Counselor Daw Aung San Suu Kyi, the NLD chairwoman, and detained Naypyitaw Mayor U Myo Aung.

A lawyer told The Irrawaddy that Tuesday’s court testimony from the President has emerged as the strongest confirmation yet of assertions made by both local and international legal experts that the military takeover was unconstitutional.

According to Article 417 and Article 418 of the 2008 Constitution, in the event that a state of emergency is to be declared in the country, the President must announce the order in coordination with the military-dominated National Defense and Security Council (NDSC). The President then transfers the government’s executive, legislative and judicial powers to the Commander-in-Chief of the Defense Forces.

However, a few hours after the country’s civilian leaders including President U Win Myint and State Counselor Daw Aung San Suu Kyi were arrested on Feb. 1, the military convened an NDSC meeting. Former general U Myint Swe, the military-appointed vice president, attended the meeting as “acting president” and declared the country to be under a nationwide state of emergency for one year. Then, he immediately transferred the country’s legislative, administrative and judicial powers to the commander-in-chief.

Trying to force the sitting president to resign by using threats could be seen as coup maker Min Aung Hlaing’s desperate attempt to make his takeover constitutional. The charter’s Article 73 (a) states that one of the two vice presidents—the one who won the second-highest number of votes in the presidential election—shall serve as Acting President “if the office of the President falls vacant due to his resignation, death, permanent disability or any other reason.”

A National Defense and Security Council meeting is held after the Feb. 1 military coup. / Tatmadaw True News Information Team / Facebook

In other words, the two senior military officers’ suggestion that U Win Myint quit his position for health reasons was nothing more than a pretext to make the coup legal.

However, given the then president’s refusal to resign, it’s hard to say that Article 73 provides valid support for U Myint Swe’s acting presidency, let alone the coup.

“The President has notified the entire nation as well as the world, through the court, that the takeover violates the Constitution,” the lawyer said.

The President’s words clearly reveal the commander-in-chief and his fellow generals to be criminals who have committed high treason, he said.

“It is the strongest evidence that they committed high treason as [it comes from] the head of state himself,” the lawyer said.

Lawyers in Myanmar have called for the prosecution of the coup leaders for high treason, which carries the death sentence.

Amid these calls, the SAC led by coup leader Min Aung Hlaing has amended the country’s high treason law in an attempt to guarantee impunity for the military leaders who seized power in February.

While the original Article 121 of the Penal Code says anyone who “attempts or otherwise prepares by force of arms or other violent means to overthrow the organs of the Union or of its constituent units established by the Constitution” is guilty of high treason, the coup leader has amended it so that only unconstitutional use of force of arms constitutes high treason, meaning it is acceptable to use force of arms as long as it is done in line with the Constitution.

However, lawyers said that because the takeover was carried out in breach of the Constitution, every order, every appointment and removal of an official, and all changes to the law made by the junta are illegal.

Myanmar has been in political and social turmoil since the military overthrew the civilian government and seized control.

Since the coup, the junta has killed at least 1,167 people including protesters, politicians, activists, bystanders and children, and arrested more than 8,890 in an effort to suppress opposition to the regime.


You may also like these stories:

International Cigarette Firm Ditches Military-Ruled Myanmar

Myanmar Junta Criticized Over Mandalay Palace Park Plan

Two Power Plants in Myanmar’s Biggest City Shut Amid Coup’s Financial Fallout

Your Thoughts …
Tags: CoupcourtillegaljuntaMin Aung HlaingMyanmarPresident U Win Myintregimetestimonyunconstitutional
The Irrawaddy

The Irrawaddy

...

Similar Picks:

As Myanmar’s Military Stumbles, a Top General’s Dissapearance Fuels Intrigue
Burma

As Myanmar’s Military Stumbles, a Top General’s Dissapearance Fuels Intrigue

by The Irrawaddy
April 19, 2024
46.8k

The junta’s No. 2 has not been seen in public since April 3, sparking rumors that he was either gravely...

Read moreDetails
Enter the Dragon, Exit the Junta: Myanmar’s Brotherhood Alliance makes Chinese New Year Vow
Burma

Enter the Dragon, Exit the Junta: Myanmar’s Brotherhood Alliance makes Chinese New Year Vow

by The Irrawaddy
February 12, 2024
44.7k

Ethnic armed grouping says it will continue Operation 1027 offensive until goal of ousting the junta is achieved. 

Read moreDetails
Drone Attack at Myanmar-China Border Gate Causes Over $14m in Losses
Business

Drone Attack at Myanmar-China Border Gate Causes Over $14m in Losses

by The Irrawaddy
November 27, 2023
38.5k

Jin San Jiao is latest northern Shan State trade hub in crosshairs of ethnic Brotherhood Alliance.

Read moreDetails
Arakan Army Captures Myanmar Junta Brigade General in Chin State Rout: Report
Burma

Arakan Army Captures Myanmar Junta Brigade General in Chin State Rout: Report

by The Irrawaddy
January 15, 2024
36.5k

Rakhine-based armed group has reportedly detained the chief of 19th Military Operations Command after seizing his base in Paletwa Township.

Read moreDetails
Myanmar Coup Leader Showers Medals on Troops as String of Defeats Erodes Morale
Burma

Myanmar Coup Leader Showers Medals on Troops as String of Defeats Erodes Morale

by The Irrawaddy
December 8, 2023
32.9k

Min Aung Hlaing was trying to distract attention from a string of military defeats by handing out 147 medals for...

Read moreDetails
Myanmar Junta Arrests Thai Condo Buyers, Realtors as Currency Crashes
Business

Myanmar Junta Arrests Thai Condo Buyers, Realtors as Currency Crashes

by The Irrawaddy
June 4, 2024
27.6k

Monday’s arrests follow reports that Myanmar has become one of Thailand’s most lucrative markets for selling condos since the 2021...

Read moreDetails
Load More
Next Post
Primary advantages of Using a Android for Bitcoin Trading

Primary advantages of Using a Android for Bitcoin Trading

Editorial Talk: Why SAC Will Not Let ASEAN’s Special Envoy Meet Daw Aung San Suu Kyi

Editorial Talk: Why SAC Will Not Let ASEAN’s Special Envoy Meet Daw Aung San Suu Kyi

No Result
View All Result

Recommended

Will Myanmar’s Military Replace Its Embattled Leader?

Will Myanmar’s Military Replace Its Embattled Leader?

1 week ago
2.5k
How the Myanmar Military’s Propaganda Efforts Have Evolved Over the Decades

How the Myanmar Military’s Propaganda Efforts Have Evolved Over the Decades

2 days ago
935

Most Read

  • Civilians in Need as Arakan Army Advances on Kyaukphyu

    Civilians in Need as Arakan Army Advances on Kyaukphyu

    shares
    Share 0 Tweet 0
  • Myanmar Junta Advances into Karenni State

    shares
    Share 0 Tweet 0
  • Untested Commander Takes Charge as Myanmar Military Faces Toughest Challenge in Decades

    shares
    Share 0 Tweet 0
  • Is TNLA, Under Chinese Pressure, Conceding Northern Shan Gateway to the Regime?

    shares
    Share 0 Tweet 0
  • China Defends Myanmar Junta on Human Rights at UN

    shares
    Share 0 Tweet 0

Newsletter

Get The Irrawaddy’s latest news, analyses and opinion pieces on Myanmar in your inbox.

Subscribe here for daily updates.

Contents

  • News
  • Politics
  • War Against the Junta
  • Myanmar’s Crisis & the World
  • Conflicts In Numbers
  • Junta Crony
  • Ethnic Issues
  • Asia
  • World
  • Business
  • Economy
  • Election 2020
  • Elections in History
  • Cartoons
  • Features
  • Opinion
  • Editorial
  • Commentary
  • Guest Column
  • Analysis
  • Letters
  • In Person
  • Interview
  • Profile
  • Dateline
  • Specials
  • Myanmar Diary
  • Women & Gender
  • Places in History
  • On This Day
  • From the Archive
  • Myanmar & COVID-19
  • Intelligence
  • Myanmar-China Watch
  • Lifestyle
  • Travel
  • Food
  • Fashion & Design
  • Videos
  • Photos
  • Photo Essay
  • Donation

About The Irrawaddy

Founded in 1993 by a group of Myanmar journalists living in exile in Thailand, The Irrawaddy is a leading source of reliable news, information, and analysis on Burma/Myanmar and the Southeast Asian region. From its inception, The Irrawaddy has been an independent news media group, unaffiliated with any political party, organization or government. We believe that media must be free and independent and we strive to preserve press freedom.

  • Copyright
  • Code of Ethics
  • Privacy Policy
  • Team
  • About Us
  • Careers
  • Contact
  • Burmese

© 2023 Irrawaddy Publishing Group. All Rights Reserved

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • News
    • Burma
    • Politics
    • World
    • Asia
    • Myanmar’s Crisis & the World
    • Ethnic Issues
    • War Against the Junta
    • Junta Cronies
    • Conflicts In Numbers
    • Junta Watch
    • Fact Check
    • Investigation
    • Myanmar-China Watch
    • Obituaries
  • Politics
  • Opinion
    • Commentary
    • Guest Column
    • Analysis
    • Editorial
    • Stories That Shaped Us
    • Letters
  • Ethnic Issues
  • War Against the Junta
  • In Person
    • Interview
    • Profile
  • Business
    • Economy
    • Business Roundup
  • Books
  • Donation

© 2023 Irrawaddy Publishing Group. All Rights Reserved

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.