Lord Hermer criticised over trespass charge for ousted Myanmar envoy

Times

7 days ago

The attorney-general has been criticised for authorising criminal charges against Myanmar's former ambassador for refusing to leave his official London residence after being ousted in a 'coup'.
Lord Hermer approved the prosecution of Kyaw Zwar Minn for allegedly 'trespassing' at the mansion in Hampstead, north London, where he has remained since being dismissed in April 2021.
Kyaw Zwar Minn, 66, was sacked as ambassador after denouncing his nations' military regime and supporting Aung San Suu Kyi, the civilian leader who was deposed in a coup.
The attorney-general's office has approved a charge of 'trespass on a diplomatic mission' between May 2021 and November last year.
Kyaw Zwar Minn, who still lives in the property, is due to appear at Westminster magistrates' court on Friday. The maximum sentence, if convicted, is six months in jail or an unlimited fine. Campaigners claim the prosecution will be used as propaganda by Myanmar's military regime as evidence of its international legitimacy and to terrorise opponents.
Hermer, a human rights lawyer, will face allegations of hypocrisy. Eight months after Kyaw Zwar Minn was sacked, Hermer's barristers' chambers publicised that he was 'representing victims and survivors of the genocide perpetrated by the Myanmar regime' in a legal action against Facebook for allegedly 'facilitating' the abuse.
Chris Gunness, director of the Myanmar Accountability Project, said: 'The British public will be outraged that a Labour attorney-general is allowing precious taxpayer resources to be wasted by a foreign junta using the UK courts to seize diplomatic property in London.
'It is clearly not in our national interest, given that the UK has condemned the coup, slapped sanctions on the coup leaders and supports democracy in Myanmar.'
Kyaw Zwar Minn, a former colonel in the Myanmar army, was locked out of the embassy in Mayfair, central London, in April 2021. The ambassador said he had stopped obeying orders after being summoned home following his criticism after the junta seized control of his country.
Dominic Rabb, the foreign secretary at the time, said: 'I pay tribute to Kyaw Zwar Minn for his courage.' Nigel Adams, then Asia minister, hailed Kyaw Zwar Minn's 'courage and patriotism'.
Lisa Nandy, then shadow foreign secretary and now culture secretary, said at the time: 'By standing up to the military junta, Kyaw Zwar Minn has shown immense courage and should be offered any appropriate support and protection.'
Most democratic nations, including Britain, have not formally recognised the junta.
Catherine West, the current minister for the Indo-Pacific, announced fresh sanctions against the military regime in October last year as a result of 'human rights violations taking place across Myanmar, including airstrikes on civilian infrastructure'.
The Foreign Office said in 2021 that it received official notification from the military regime that the ambassador's position had been terminated. 'The UK has a longstanding policy of recognising states not governments,' it said. 'We therefore must accept the decision taken by the Myanmar government regarding Kyaw Zwar Minn's position.'