Tuesday, August 05, 2014

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BURMA/MYANMAR: Police illegally arrest, detain, & torture rickshaw driver to death

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-110-2014

5 August 2014
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BURMA/MYANMAR: Police illegally arrest, detain, & torture rickshaw driver to death

ISSUES: Torture; death in custody; arbitrary arrest and detention; impunity
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Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that police in Bago No.1 Police Station arrested a 37-year-old man on 4 July 2014, without an arrest warrant or court order, over the theft of bottles of motorcycle fuel. While in custody for three days, he was tortured. Subsequently, he was admitted to a hospital in critical condition, and died from his injuries.

CASE NARRATIVE:

Ko Zaw Gyi, who sells fuel for motorcycles by the road, accused Ko Zin Aung, a rickshaw driver, of stealing bottles of petrol from his shop. At 8 a.m., on 4 July 2014, police officer Yan Naing Aung and constable Myint Zaw arrested Ko Zin Aung without an arrest warrant and without notifying an administrative officer. They handcuffed him and took him to Bago No.1 Police Station, where he was detained for three days without a court order. During this period, they tortured him. No case was filed against the victim in court.

On 7 July 2014, Ko Zaw Gyi called the victim's brother-in-law, Ko Moss, by phone. Ko Zaw Gyi said the police would send Ko Zin Aung to court and file a case against him, but as the victim was not feeling well they would first send him to Bago General Hospital (BGH). Ma Aye Aye Nwe, the victim's cousin, together with Ko Moss, went to BGH and found Ko Zin Aung in bed, suffering from spasms. His face, his hands, his back, and his chest were covered with bruises. Ko Zin Aung was in critical condition. 

Ko Zaw Gyi gave 5,000 kyats ($5 USD) to Ko Moss for medical expenses, and 10,000 kyats ($10 USD) to the police to close the theft case. As Ko Zin Aung's condition worsened, around 8:30 p.m., Ko Moss called Ma Aye Aye Nwe telling her to come to the hospital. Before she arrived, Ko Zin Aung died.

In the criminal report, the Forensic Doctor indicated that the victim had died from alcohol poisoning. It is obvious that Ko Zin Aung was tortured in police custody, as can be seen in photos that the family took before the postmortem. Before the police arrested him, he was strong and healthy. 

On 18 July, Ma Aye Aye Nwe sent complaint letters to Major General U Win Khaung, Ministry of Border Affairs Head Office, Naypyitaw; Bago Regional Police Commissioner U Mya Win; Bago Regional Minister for Border Affairs Major U Thet Tun; and Bago No.1 Police Station, with photographic evidence of the torture inflicted on her cousin. 

The Bago No.1 Police Station replied to the complaint letter on 23 July, claiming that they were sending the case to Bago Township Court under criminal miscellaneous case No.15/2014. On 28 July, three police officers, led by one Police Captain from Waw Police Force, came to Myo Thit Quarter Administrative Office to question Ma Aye Aye Nwe and two others witnesses about what had happened and what they saw. 

Although, Ko Khin Moe, one of the witnesses, said Ko Zin Aung used to have a few drinks every day after he come back from work, the policewoman who was documenting the case noted that Ko Zin Aung was an alcoholic and drank every day. The team printed the document at Bago No.1 Police Station and returned to get a signature on the document. When the witnesses found that some words in the document were not what they said, they asked for it to be corrected. But, the police refused and force them to sign. The witnesses were afraid of the police. So they signed the papers. 

Further details of the case can be found in the sample letter below. 

ADDITIONAL INFORMATION: 

The AHRC recently reported on the case of Myo Myint Swe, who was tortured to death in police custody. According to information obtained by the AHRC, in that case, the perpetrators, the police, had received disciplinary action over the death, but no criminal action has been taken to date. (See: AHRC-UAC-176-2012 and AHRC-UAU-010-2014). There are many more cases of custodial torture that implicate the Burma Police, for example: Aung Hlaing Win, U Than Htun, and U Kyaw Nyunt.

For more human rights issues and cases in Burma, visit the AHRC's country homepage: http://www.humanrights.asia/countries/burma. 

SUGGESTED ACTION:
Please write a letter to the following government authorities urging them to pursue the incident, so that the police officers responsible for the arrest, detention, and killing of Ko Zin Aung can be brought to justice. 

Do note that for the purpose of the letter, Burma is referred to as Myanmar, and Pegu is referred to as Bago. And, please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar; on torture, and on extrajudicial killings; and, the Working Group on Arbitrary Detention and its regional office in Bangkok, calling for their interventions.

SAMPLE LETTER:

Dear …………….,

BURMA/MYANMAR: Police illegally arrest, detain, & torture rickshaw driver to death

Name of victim: Mr. Ko Zin Aung, 37, son of U Thaung Shwe, resident of No. 7-59, Myo Thit D Quarter, Ywar Ma Road, Bago Township, Bago Region
Names of persons involved: 
1.    Police officer Yan Naing Aung, Bago No.1 Police Station  
2.    Constable Myint Zaw, Bago No.1 Police Station
3.    Ko Zaw Gyi, accuser
Date of incident: 4th to 7th July 2014
Place of incident: No.1 Bago Township Police Station, Bago Township, Bago Region

I am writing to urge you to bring to justice the police from Bago Township that tortured a young man to death in custody after accusing him of stealing bottles of motorcycle fuel. The police arrested and detained him without an arrest warrant or court order. 

According to the information that I have received, Ko Zaw Gyi, who sells fuel for motorbike by the road, accused Ko Zin Aung, a rickshaw driver, of stealing bottles of petrol from his shop. At 8 a.m., on 4 July 2014, Police Officer Yan Naing Aung and Constable Myint Zaw arrested Ko Zin Aung without an arrest warrant or notifying an administrative officer. They handcuffed him and took him to Bago No.1 Police Station, where he was detained for three days without a court order. During this period, they tortured him. No case was filed in court against the victim. 

On 7 July 2014, Ko Zaw Gyi called the victim's brother-in-law, Ko Moss, by phone. Ko Zaw Gyi said the police would send Ko Zin Aung to court and file a case against him, but, as the victim was not feeling well, they would first send him to Bago General Hospital (BGH). Ma Aye Aye Nwe, the victim's cousin, together with Ko Moss, went to BGH and found him in bed suffering from spasms. His face, his hands, his back, and his chest, were covered with bruises. He was in critical condition. 

Ko Zaw Gyi gave 5,000 kyats ($5 USD) to Ko Moss for medical expenses, and 10,000 kyats ($10 USD) to the police to close the theft case. As Ko Zin Aung's condition worsened, around 8:30 p.m., Ko Moss called Ma Aye Aye Nwe telling her to come to the hospital. Before she could arrive, Ko Zin Aung died.

In the criminal report, the Forensic Doctor indicated that the victim had died from alcohol poisoning. It is obvious that he was tortured in police custody, as can be seen in photos that family took before the postmortem. Prior to his arrest by the police, Ko Zin Aung was strong and healthy. 

On 18 July, Ma Aye Aye Nwe sent complaint letters to General U Win Khaung, Ministry of Border Affairs Head Office, Naypyitaw; Bago Regional Police Commissioner U Mya Win; Bago Regional Minister for Border Affairs Major U Thet Tun; and Bago No.1 Police Station. The letter contained photographic evidence of the torture.

The Bago No.1 Police Station replied to the complaint letter on 23 July, claiming that they were sending the case to Bago Township Court under criminal miscellaneous case No.15/2014. On 28 July, three police officers, led by a Police Captain from Waw Police Force came to Myo Thit Quarter Administrative Office to question Ma Aye Aye Nwe and two other witnesses about what had happened and what they saw. 

Although, Ko Khin Moe, one of the witnesses, said Ko Zin Aung used to have a few drinks after he returned from work, the policewoman documenting the case noted that Ko Zin Aung was an alcoholic and drunk every day. The team printed the document at Bago No.1 Police Station and returned to get signatures on the document. When the witnesses found that some words in the document were not what they said, they asked for corrections. But, the police refused and force them to sign. The witnesses were afraid of the police. So, they signed the papers.

I urge the government to take action under both the Criminal Law and the Myanmar Police Force Maintenance of Discipline Law so the police officers responsible are punished for their role in the victim's death. I am aware that most of the incidents of torture in police custody are rarely prosecuted; therefore, I urge the government to issue an immediate and effective order to stop police torture in custody. 

Yours Sincerely,

………………….
PLEASE SEND YOUR LETTERS TO:

1. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR

2. Daw Aung San Suu Kyi
Chairwoman
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR

3. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95 1 659 668
Fax: +95 1 659 668

4. Lt-Gen. KoKo
Minister of Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439

5. U Kyaw Kyaw Htun
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208

6. U Tun Tun Oo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059

7. Dr. Tun Shin
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106

8. Thura U Aung Ko
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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