Press Release

Suit Filed Against Military Junta of Burma 

Four Burmese plaintiffs have introduced legal action against the military junta of Burma (also called Myanmar).  The Burmese plaintiffs, in cooperation with Justice for Human Rights in Burma (JHB), filed a suit in the Belgian national courts under the declaration of universal jurisdiction over crimes against humanity.  The suit was filed April 25, 2002 in the Brussels magistrate court against X, Total/Fina/Elf SA, Thierry Desmarest and Herve Madeo. The law of universal jurisdiction permits the Belgian courts to sue the perpetrators of crimes against humanity, even citizens of foreign countries, regardless of whether these crimes were committed abroad and against non-Belgian victims.  Brussels based Actions Birmanie is providing the necessary legal services.

The decision by the plaintiffs to file the suit against X, rather than named individuals of the military junta of Burma, was made in order to allow for prosecution of individuals responsible or complicit in crimes against humanity.  Each plaintiff has been a victim of human rights abuses within the framework of a systematic, generalized and planned assault carried out by the military junta of Burma through an arsenal of multiple means of repression.  This arsenal includes the massacre of peaceful demonstrators, summary executions, arbitrary arrests, torture, forced relocations, unexplained disappearances and the massive use of forced labor.

The plaintiffs, in cooperation with JHB, are formulating a list of those chiefly responsible for or complicit in crimes against humanity.  A list of individual military junta members and specific evidence will be introduced to judge Damien Vandermeersch of the Belgian court. 

Total/Fina/Elf SA, Thierry Desmarest (present chairman of Total/Fina/Elf SA) and Herve Madeo (director of Total Myanmar Exploration Production from 1992 to 1999), are implicated in crimes against humanity originating from activities regarding the Yadana natural gas pipeline project in Burma.  These crimes include the use of forced labor, relocations and environmental abuses in connection with this project.