John Yettaw

On May 4, 2009, American John Yettaw (1955 – 2021) trespassed upon the residence of Myanmar political prisoner Aung San Suu Kyi, two weeks before her scheduled release from house arrest on May 27. This illegal visit prompted Suu Kyi's arrest on May 13, 2009. Yettaw himself was arrested by Myanmar authorities on May 6. He was charged on May 14 with illegally entering a restricted zone, illegal swimming, and breaking immigration laws.

Their trial began on May 18, 2009. On August 11, Yettaw was sentenced on three counts totaling seven years, including four years of hard labor. Suu Kyi was sentenced to eighteen months of house arrest. On August 14, US Senator Jim Webb arrived in Burma and successfully negotiated Yettaw's release and August 16 deportation.

Myanmar authorities asserted that Yettaw's visits were instigated by opposition groups as part of efforts to pressure and embarrass the government; however, no evidence of this ever came to light. The Myanmar government disqualified Suu Kyi from participating in the 2010 elections. His trek was successful despite her residence being surrounded by over a dozen security guards 24 hours a day, and despite the presence of police boats that frequently patrolled local waters. She reported Yettaw's visit to her doctor who alerted authorities. Authorities took no action. He left the property via the same route he arrived.

Unable to fly out of Bangkok, Thailand due to political protests involving the seizure of Suvarnabhumi International Airport, Yettaw laid over at the Highland Hotel in Mae Sot for over a month. There he spoke openly to several people about his failed attempt to see Aung San Suu Kyi and his plans to try again. During this time he frequently visited refugee schools and met the children. He was often seen with a Thai woman. He also visited the Mae Tao Clinic nearly a dozen times, where he communicated with Bo Kyi of the Assistance Association for Political Prisoners. He told his family that he was working on a book and searching for US soldiers missing in action from the Vietnam War. According to Yettaw's wife, he wanted to interview Aung San Suu Kyi about forgiveness and resilience. He entered the house by climbing up a drain. Inside, he came upon two female assistants, Khin Khin Win and Win Ma Ma, a mother and daughter, Aung San Suu Kyi's sole sanctioned companions. He informed them that he was tired, hungry and suffered from diabetes. The women fed him. At 5 AM on May 5, Yettaw was apprehended by police near the International Business Center on the lake's west bank, less than 100 feet from the US counselor's home.

Arrest and fallout Originally scheduled to return to the United States June 24, Yettaw was arrested May 6 and taken to Insein prison; on May 14 he was charged with illegally entering a restricted zone, illegal swimming and breaking immigration laws. She was charged under the country's Law Safeguarding the State from the Dangers of Subversive Elements, which carried a three-to-five-year jail term. She and her two caretakers, Khin Khin Win and Win Ma Ma, were removed to the Insein prison, where they stayed for the duration of the trial. According to Police Brigadier General Myint Thein, prior to the Yettaw visit, authorities had considered letting Aung San Suu Kyi go free, but the incident "infringed on existing law and we unavoidably and regretfully had to take legal action against her."

Aung San Suu Kyi's followers insisted that the government used this incident to continue her detention until after the 2010 general elections.

Authorities closely investigated security lapses involving Yettaw's visits. It was announced on August 7 that after questioning sixty-one security members of the police battalion in question, one police lieutenant colonel was demoted, an undisclosed number of personnel were given three- to six-month prison terms for dereliction of duty, and over twenty others received actions against them under a Police Disciplinary Rule.

Trial The criminal case, #47/2009, levied against Yettaw, Aung San Suu Kyi, Khin Khin Win and Win Ma Ma, began May 18, 2009 in the Yangon North District Court. Suu Kyi and Yettaw each pleaded not guilty to their charges. Yettaw faced charges relating to, according to the United States State Department, "immigration, trespassing into a restricted zone, and violating a law that protects the state from those desiring to cause subversive acts." The Burmese government alleged that Yettaw used these garments to disguise himself.

On May 26, Aung San Suu Kyi took the stand to defend herself. When asked about Yettaw's visit, she testified that she and her assistants urged him to leave, and let him rest there for the day, but that he left her home before midnight. Later that day Myanma authorities officially lifted her house arrest, but continued to detain her in prison, although another government official stated that her house arrest did not expire for another six months. On the same day, Aung San Suu Kyi released a statement alleging that Myanmar authorities were to blame for Yettaw's security breach. She had reported Yettaw's unwelcomed 2008 visit to authorities, but no action was ever taken. The court then announced that the original verdict date of May 29 was to be postponed, and that final arguments would be made June 1.

The trial judge originally accepted only one of the four witnesses offered by the defense, while accepting fourteen of the twenty-three government witnesses, Her lawyers then sent an appeal to the High Court to allow the other two witnesses.

On June 11, 2009, Suu Kyi wrote a letter to the court explaining that after asking Yettaw to leave, she allowed him to stay overnight in order that he might avoid arrest and on the excuse of his health condition. On June 24, the Burmese Supreme Court heard arguments from her lawyers for allowing two more defence witnesses to testify. Judges argued that, because Tin Oo was under house arrest and because Win Tin said things in interviews with the Democratic Voice of Burma that were critical of the Myamna government, they should not be allowed to testify.

On June 26, the Court set Khin Moe Moe's appearance for July 3. On the same day United Nations envoy Ibrahim Gambari arrived in Naypyidaw and met with foreign minister Nyan Win. He was not able to meet with Aung San Suu Kyi, but did request that Myanmar free its political prisoners. The expressed purpose of Gambari's visit was to open the door for a visit by U.N. chief Ban Ki-moon. Ban arrived in Naypyitaw on July 3, but after two days of talks with General Than Shwe, Ban was unable to negotiate a visit with Aung San Suu Kyi and left without any progress.

On July 3, the Court announced the adjournment was extended for another week. Defense witness Khin Moe Moe took the stand July 10, testifying for six hours (from 10:00 am to 5:00 pm with an hour lunch at noon). Khin Moe Moe and the defense team argued that the law under which Aung San Suu Kyi was being tried, Section 22, which protects the government from people planning subversive acts, was created under the 1974 Constitution, which was abolished by the current government in 1988. He was the last witness of the trial. Final arguments were set by the Court for July 24.

On July 24, her defense gave a 30-page closing statement. British, German, Norwegian, French and Italian diplomats were present, marking only the third time during the trial Burmese officials had allowed such access. The trial was then adjourned over the weekend until July 27, providing the prosecution more time to prepare. The final defence arguments, including a 15-minute statement from Yettaw, concluded 28 July. Again, diplomats from the US, Japan, Singapore and Thailand were present. The Court announced the verdicts would be made July 31. Officials then notified shops in the vicinity to be closed July 31. Two police battalions also arrived to support the already existing security forces. However, on July 31 judges Thaung Nyunt and Nyi Nyi Soe, citing an undisclosed problem with the legal procedures, adjourned the trial until August 11, three days after the anniversary of the 8888 Uprising. After the announcement, Yettaw moved about the courtroom and said "I love you" to the defense team.

The verdict came on August 11. Yettaw was condemned to a total of seven years: three for violating Aung San Suu Kyi's house arrest, three hard labor for breaking immigration laws, and one hard labor for trespassing. Aung San Suu Kyi was initially sentenced to three years of hard labor, but after a five-minute recess, Than Shwe reduced it to eighteen months of house arrest. Khin Khin Win and Win Ma Ma were also sentenced to eighteen months. On July 9, he was removed to Insein Prison hospital because he was still refusing food. There authorities began feeding him intravenously. Two days later, Yettaw was visited by US Embassy official Colin Furst. The same day, defense lawyer Nyan Win expressed concern that Yettaw's condition may further delay the trial because "the court normally doesn't make judgment in the absence of the accused." Yettaw remained in intensive care throughout the week. On August 7, he suffered three more fits, according to Police Brigadier General Khin Yi. Yettaw was discharged August 10. On August 14, Senator Webb flew with Yettaw to Thailand. Yettaw had to be helped off the plane. He gave reporters an "I love you" sign, but did not respond to any questions. He was immediately placed in an undisclosed Bangkok hospital. The next day he underwent medical examination. According to Senator Webb and Yettaw's family members, Yettaw was not in good health.

On August 19, Yettaw made a near 24-hour trip from Bangkok to the United States, landing first in Chicago and then flying on to Springfield, Missouri. While transferring planes in O'Hare International Airport, he was in a wheelchair and wore a surgical mask. He said to reporters there "If I had to do it again, I would do it a hundred times, a hundred times, to save her life", also adding "that they locked her up; it just breaks my heart." He refused a later question by saying "I wish I could talk more. I can't." He then made a zipper motion over his lips. Upon his arrival at Springfield-Branson National Airport, at the request of his family, Yettaw was escorted out the side of the airport to avoid the media.

Biography of Yettaw Yettaw was born in Detroit, Michigan on September 7, 1955. He lived with relatives in California from 1969 to 1973 until he was able to join the United States Army.

He served for just over a year before being discharged, spending a majority of that time in Germany according to his military records.

In 1993, he moved to Missouri and graduated from Drury University in 1997, cum laude. He earned degrees there in biology, psychology, and criminal justice He then worked as a tour bus driver at Fort Leonard Wood.

After the trespassing incidents, Yettaw continued to live in Missouri and was in custody of four minor-aged children from a subsequent marriage. He was enrolled in a doctoral program at the Forest Institute's School of Professional Psychology (Springfield, Missouri campus), but left the program in 2007. As of May 2009, Yettaw was still paying off the travel cost of his 2008 visit.

Yettaw died May 21, 2021, at his home in Lebanon, Missouri.