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 CRPP/NLD
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Representatives
of the People elected to the Parliament in the 1990
multiparty democratic elections
(Committee Representing People's Parliament)
CRPP
Notification 5/1999
1. In notification No 2 dated 28-9-98 the committee representing the People's
Parliament elected by the multiparty democracy general elections made
the following announcement:- " That the Committee representing the
People's Parliament will recommend to the People's Parliament that the
under-mentioned laws be amended.
(a)-----------
(b)---------
(c) Citizens' Rights Protection Law.
(d) --------
(e)-----------"
2. The Citizens Rights Protection Law was promulgated during the Burmese
Socialist Program Party(BSPP) era.
3. Since protection of the rights of citizens is the duty of every state
and country, it is resolved that every citizen's rights contained in the
basic law and original laws be fully restored
4. The State has a duty to protect those rights that a citizen is entitled
to. Apart from what is contained in the Preface,
Section 1 of Chapter 1, and Sections 2 and 3 of Chapter 2, the remaining
sections of the existing Citizens' Rights Protection Law are inappropriate
so it is resolved that they be expunged.
5. Laws that are fundamental toe the protection of the rights of citizens
and are necessary for the creation of a genuine democratic system are
embodied in the following writs:
(1) Habeas Corpus
(2) Mandamus
(3) Prohibition
(4) Quo Warranto and
(5) Certiorari It is therefore resolved that a recommendation be made
to the Peoples Parliament for the inclusion of these writs in the law.
6. For a better appreciation of these writs by the people it is resolved
that the meanings and explanations be appended to this notification.
Committee representing People's Parliament
Rangoon 16 October 1998
(The National League for Democracy takes full responsibility for distribution.)
APPENDIX Writs
HABEAS CORPUS
A writ of habeas corpus is a written order by a judge or a court addressed
to a person in authority for the purpose of examining if the restraint
of a person is in accordance with the provisions of law.
It is a process be which jurisdiction is given to a judge or a court of
law to prevent and examine cases of illegal and unwarranted restraint
of persons.
The main point is that where an application for a writ of habeas corpus
to the Supreme Court of the Union is made, the Court issues an order to
the authority responsible for arresting and imprisoning a citizen to appear
before the court and to explain why and under what provisions of the law
the arrest and imprisonment has been made.
If the Supreme Court has original jurisdiction, a relative of the arrested
citizen is allowed to make the application for a writ of habeas corpus.
MANDAMUS
A writ of mandamus is an order that relates to the performance of legal
duties and is issued to lower courts or to persons responsible for the
performance of that duty.
The Supreme Court issues this writ of mandamus ordering a public official
or body or a lower court to perform a specific legal duty relating to
public matters.
If a peoples parliament , or a state parliament, or a divisional parliament
or other governmental body fails to perform a duty that is required by
law, a citizen can be make an application for the issue of such a writ.
WRIT OF PROHIBITION
A writ of prohibition is intended to apply to administrative bodies over
which the Supreme Court has no jurisdiction or any individual that makes
or passes an order or decision without the authority so to do and which
adversely affects the rights of a citizen. The writ will prohibit them
from implementing such orders.
This means that by a writ of prohibition, excesses of authority exercised
by inferior courts can be prohibited. In a way this is applied for to
prohibit and correct past excesses of authority.
QUO WARRANTO
A Quo Warranto writ is applied for by an individual for the examination
of matters related to the appointment or the election for a position.
This is a method by which necessary correction can be made to protect
any infringement of a citizen's rights through the abuse and excesses
exercised by those in authority.
CERTIORARI
The writ of certiorari is an order calling for the transcript of the proceeding
of a case in a lower court for review by a superior court.
The Supreme Court of the Union has the power to call for the proceedings
of any lower court and to examine if the ruling therein is in accordance
with the provisions of law and to review and alter any wrong decision.
Some lower courts fail to exercise the jurisdiction they have or exceeded
the limits of their jurisdiction either through loss of memory or a misinterpretation
of the law. In such cases, the Supreme Court of the Union may pass any
decision it sees fit so to do.
In addition, the courts and other quasi-judicial bodies, governmental
officials and others who are empowered to act in matters affecting the
rights of citizens must be subject to the supervisory jurisdiction of
the Supreme Court and the process by which this is exercised is by way
of a writ of certiorari.
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