BURMA/MYANMAR: Twenty-one more farmers falsely convicted for pursuing their land rights

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-025-2014

15 September 2014

[BURMA/MYANMAR: Over 450 Farmers Victimised by Myanmar Military Land Grabbing]

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BURMA/MYANMAR: Twenty-one more farmers falsely convicted for pursuing their land rights

ISSUES: Land rights; judicial system; fabrication of charges; corruption

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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that twenty-one more farmers from Kanbalu Township have been convicted regarding an attempt to defend their rights to their land, with sentences ranging from 3 months to 4 years. More farmers are being prosecuted this month and others are still facing trials.

CASE NARRATIVE:

As described in the original appeal (AHRC-UAC-109-2014), farmers from Kanbalu Township, whose lands were confiscated by the military during the military regime, are being prosecuted by the military and the Myanmar Economic Corporation for attempting to take back their land. The lands were grabbed by the military but without providing compensation thus violating the Land Acquisition Act. The farmers have also been forced to move their houses from the land and their crops have been destroyed by the military (See: AHRC-STM-162-2014). 

AHRC-UAU-025-2014-01.jpgAccording to the latest information received, 21 more farmers from Mya Mon village, Kanbalu Township, have been prosecuted on 20 August 2014. Several of them are from the same family. One person prosecuted passed away 6 years ago. The most recent judgment determine that the farmers are guilty of a crime of trying to take possession of their own land. 

This judgment also adds that the farmers not being aware that pursuing their right to the land is a crime is neither a defense, nor a mitigating factor. The judge has also remarked that this judgment reflects the military’s desire to punish the farmers. AHRC-UAU-025-2014-02.jpg

Thus, this is a clear miscarriage of justice and more pressure must be put on the government of Burma to put an end to this persecution.

ADDITIONAL INFORMATION:

Land grabbing and prosecution of farmers occur all over Burma. Following government reforms, the Commander-in-Chief of the Defence Services ordered such confiscated land to be returned back to the original owners. But, the President informed Parliament on 2 July 2014 that the government could not return over 350,000 acres of confiscated land, as they were still in use. Contradiction in the information of the President and the Commander-in-Chief of the Defence Services has left farmers confused and lack of the rule of law has made the problem worse. Further details can be found in the sample letter below.

SUGGESTED ACTION:

Please write a letter to the following government authorities to urge the government to respond to the injustices that the military continues to perpetrate against farmers. A sample letter follows. Please note that for the purpose of the letter Myanmar is referred to by its traditional name, Burma.

Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar; on the independence of judges and lawyers; and to the UN Regional Office in Bangkok, calling for their interventions into this matter.

SAMPLE LETTER:

Dear ……………,

BURMA/MYANMAR: Twenty-one more farmers falsely convicted for pursuing their land rights

Names of victims:

Over 350 farmers from Kanbalu Township

Farmers from Mya Mon prosecuted on 20 August 2014:

1. U Saw Tun

2. U Than Win

3. U Tin Win 

4. Daw Khin Htay Myint 

5. Daw Khin Thein Oo

6. U Kyaw Wai

7. U Kyaw Ngwe

8. U Win Htoo

9. U Khine Min

10. U Tun Tun

11. U Saw Nyunt (son of 13, passed away 6 years ago)

12. U Saw Shwe (son of 13)

13. U Hla Khin (father of 11 & 12)

14. U Thein (father of 15)

15. U Aung Thu (son of 14)

16. U Win Tin

17. U Nay Myo Aung (brother of 18)

18. U Zaw Ni Aung (brother of 17)

19. U Tun Kha

20. U Khin Maung

21. U Aung Sein

Names of perpetrators: 

1. Police Corporal Zaw Myint

2. Other military officials

Cases Against Farmers: Penal Code Section 427 and Section 447

Place of Incident: Kanbalu Township Court, Sagaing Region, Myanmar

Name of Judge: U Okka Maung, Kanbalu Township Court No.1

I am disappointed to hear of the judgment from the Kanbalu Township Court, which has determined that more farmers have unknowingly committed a crime by pursing their legal right to their lands. The judge in the case has noted the farmers’ historic claim to the land, and revealed that his judgment was not based on justice, but on military pressure.

According to the latest information I have received, 21 more farmers from Mya Mon village, Kanbalu Township, have been prosecuted on 20 August 2014. Several of them are from the same family, and one person who was prosecuted passed away 6 years ago. Other farmers are still waiting to complete the trial process.

The most recent judgment determine that the farmers are guilty of trying to take possession of their own land. This judgment also adds that the farmers not being aware that pursuing their right to the land is a crime is neither a defense, nor a mitigating factor. The judge has noted that these lands belonged to the farmers a long time ago and recognizes that this was not a just judgment; the judge has stated that he has ruled this way because of pressure from the military.

The livelihood of these farmers has been threatened. Almost all the farmers from the different villages in the area have insufficient time for work and family due to persecution at the hands of the military. They have spent their time and money for their legal defense. One farmer’s wife, who has a 6-month-old baby, has developed a mental disorder, since her husband began languishing in jail.

I have learned that land grabbing and prosecution of farmers is occurring all over Burma. Following government reform, the Commander-in-Chief of Defence Services ordered the land to be returned to the original owners. But, the President informed Parliament on 2 July 2014 that the government could not return over 350,000 acres of confiscated land, as the Myanmar State was using the same. Contradictory information from the president and the Commander-in-Chief of the Defence Services has left the farmers confused, and lack of the rule of law has made the problem worse.

Therefore, I urge the courts to dismiss the cases, set the farmers free, and return the land to its original owners as soon as possible. Because the judges themselves admit being influenced by the military, justice and rule of law is not possible in the current situation. I urge the government to intervene directly to address such unfair practices. 

I look forward to your positive and effective response in this case.

Yours Sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Lt-Gen. Ko Ko

Minister for 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

2. U Thein Sein

President of Myanmar

President Office

Office No.18

Naypyitaw

MYANMAR

3. 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

4. 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

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. Thura U Aung Ko

Chairman

Pyithu Hluttaw Judicial and Legislative Committee

Pythu Hluttaw Office

Naypyitaw

MYANMAR

7. U Aung Nyein

Chairman

Pyithu Hluttaw Judicial and Legislative Committee

Committee for Public Complaints and Appeals

Office of the Amyotha Hluttaw

Naypyitaw

MYANMAR

8. 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

9. Daw Aung San Suu Kyi

Chairwoman

Pyithu Hluttaw Rule of Law and Tranquility Committee

Office of the Pyithu Hluttaw

Naypyitaw

MYANMAR

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)