Showing posts with label English. Show all posts
Showing posts with label English. Show all posts

Tuesday, October 14, 2014

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BURMA/MYANMAR: Men brutally tortured in army base and imprisoned illegally

Urgent Appeal Case: AHRC-UAC-137-2014

13 October 2014
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BURMA/MYANMAR: Men brutally tortured in army base and imprisoned illegally

ISSUES: Torture; impunity; arbitrary arrest and detention; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that after soldiers in Kachin State, northern Burma detained two men over alleged involvement in an anti-government armed group, they were tortured and interrogated illegally. Furthermore, although the men, named Lahpai Gan and Baran Yaun, were turned over to police custody they were then sent back to the military for the interrogation and torture. After that police opened two criminal cases against the men on the basis of the information obtained illegally through torture and arbitrary detention, and without any other evidence upon which to base the cases. Finally, the courts, although aware of these facts, sentenced the two to a total of seven years in prison.

CASE NARRATIVE:

On 9 June 2012 patrolling army troops and paramilitary personnel arrested Lahpai Gan and Baran Yaun on a general suspicion near Talawgyi Village, along with three cattle traders, while they were having lunch and taking a break from driving cattle. There had recently been a battle in the area with members of the Kachin Independence Army (KIA). The troops took the men back to the village and assaulted them and detained them at the Buddhist monastery compound. After around three days, they took them by boat at night to the Talawgyi Police Station, and from there, to Myitkyina, the capital of Kachin State.

On June 14 Captain Soe Paing of military intelligence took charge of the men, and at the army’s Northern Command Headquarters had them assaulted to the point of drawing blood, tortured and threatened to admit to being KIA soldiers. The methods of torture included techniques commonly reported in Myanmar, in addition to common assault: being forced to kneel on gravel for extended periods, forced simulated or actual homosexual intercourse, burning of genitals with candles, and burning the skin with the blade of a hot knife. They also include particular methods developed apparently in cases concerning Kachin people accused of involvement in the KIA, such as a stress position where the detainee is forced to stand imitating Christ crucified on the cross (since Kachin are predominantly Christian).

While the three traders were released, on the basis of the illegal detention and interrogation, on 26 June 2012 Captain Soe Paing handed the men to the police, who took them to the Kachin State Police Reserve Force premises where they interrogated them further, after which Inspector Ye Lwin lodged a case in court against the two and four other men—two of whom were also detained in Talawgyi and tortured by military intelligence, and two who were not in custody—for being members of an unlawful association.

Then, in the six months that this case was being heard, another police officer, Inspector Thein Win, opened a second case against the two men over a mine blast that had occurred outside the Myitkyina district office, causing damage to property but no casualties. Although his investigation had found five other men as being responsible for the crime, since he had failed to detain any of them he prosecuted these two accused in their stead.

In court, a police witness for the prosecution, Inspector Yan Aye, acknowledged under cross examination that the police had no eyewitnesses to the bombing, and had no evidence to link the two accused men to the crime but had based the case exclusively on the information supposedly obtained during illegal detention and interrogation in the army HQ. Furthermore, the defendants showed to the court the scars of injuries suffered while being tortured. Nevertheless, the court accepted the evidence obtained through use of torture in illegal detention, in violation of the Evidence Act and Criminal Procedure Code, and while releasing the two other detained accused of the charges, convicted Lahpai Gan and Baran Yaun.

The two men have throughout maintained their innocence and have appealed to successive courts to have the convictions overturned but the case has not been reheard in any court. Their lawyer is now taking the case to the final possible step in the judicial process of a special appeal to the Supreme Court; however, to have a special appeal accepted and heard is a difficult process and the prospects are not at all good.

Further details are provided in the sample letter below, as usual.

BACKGROUND INFORMATION:

In Burma, torture is widespread in police stations, where it most commonly takes the form of beatings and other blunt methods intended to cause pain and obtain a confession. In normal criminal cases like murder, rape and robbery, police have to take immediate action and give a report to the higher authorities promptly, so they usually look for an easy target and use torture to get a confession or otherwise make the detainee do what they want.

In the previous urgent appeals the AHRC has express its concern over police and military intelligence torture, sometimes resulting in death, such as in the cases of Ko Nan Win and Ma Than Than Aye, Soe Lin, Zaw Gyi, U Nyunt Tun, U Than Tun, Aung Hlaing Win, Myo Myint Swe, and Nan Woh Phan. In most cases also the court ignores the evidence of torture, to convict the accused.

Torture is not a criminal offence in Burma and police and soldiers are rarely held to account for the abuses committed on detainees in their custody. They are structurally protected via laws that require special authorisations to be given by their own agencies, and others, before they can be charged with crimes. A member of parliament in March 2013 made a statement on the need for a law against torture and for Burma to join the UN Convention against Torture, but up to the current time no action has been taken.

For many more cases and issues concerning human rights 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 to call for the immediate release of Lahpai Gan and Baran Yaun and for those responsible for their torture and arbitrary detention to be investigated and prosecuted.

Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar.

Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar, on torture, on extrajudicial killings; the Working Group on Arbitrary Detention; and, the regional office in Bangkok, calling for their interventions into this matter.

SAMPLE LETTER:

Dear …………..,

MYANMAR: Police, courts, imprison two men on back of information obtained through torture in illegal army custody

Name of victim:
1. Laphai Gan, currently detained in Myitkyina Prison, Kachin State, Myanmar
2. Baran Yaun, currently detained in Myitkyina Prison

Names of persons involved:
1. Inspector Thein Win, station chief, Police Station No. 1, Myitkyina
2. Inspector Ye Lwin, Police Station No. 1, Myitkyina
3. Sub Inspector Kyaw Myo Naing (investigator)
4. Inspector Aung Mya Than (investigator)
5. Sub Inspector Myo Win Naing (investigator)
6. Sub Inspector Win Shwe (investigator)
7. Inspector Yan Aye
8. Captain Soe Paing, Military Affairs Security platoon, Northern Command HQ, Myitkyina, and personnel
9. Personnel of Infantry Battalion (IB) 37 and People’s Militia

Date of incident: 9 June 2012 to present
Place of incident: Myitkyina, Kachin State, Myanmar

Case details (against victims):
1. Criminal Case No. 1213/2012, Myitkyina Township Court, under section 17(1) of the 1908 Unlawful Associations Act, sentenced to two years in prison on 15 November 2013, Township Judge Myint Htoo presiding; Criminal Appeal No. 126/2013, Myitkyina District Court; Criminal Revision No. 27/2014, Kachin State High Court; Criminal Revision No. 275(b)/2014, Supreme Court, all applications for appeal and revision denied
2. Criminal Case No. 200/2012, Myitkyina District Court, under section 3 of the Explosive Substances Act, sentenced to five years in prison, Deputy District Judge Ne Lin presiding

I am deeply disturbed to learn that after soldiers detained two men over alleged involvement in an anti-government armed group, they were tortured and interrogated illegally. Furthermore, although they were turned over to police custody they were then sent back to the military for the interrogation and torture. After that police opened two criminal cases against the men on the basis of the information obtained illegally through torture and arbitrary detention, and without any other evidence upon which to base the cases. Finally, the courts, although aware of these facts, sentenced the two to a total of seven years in prison.

According to the information I have received, around 7.45pm on 3 December 2011, a mine exploded in front of the Myitkyina district office at the corner of Tatgon Sanbya Road and Duwa Road, Tatgon Ward in Myitkyina, causing damage to property but no casualties. An investigation headed by Inspector Thein Win found that a unit of five Kachin Independence Army (KIA) personnel allegedly had planted the mine.

Neither Lahpai Gan nor Baran Yaun was included among the five accused. However, on 9 June 2012 patrolling troops from IB 37 and paramilitary personnel arrested them on a general suspicion near Talawgyi Village, along with three cattle traders, while they were having lunch and taking a break from driving cattle. The troops took the men back to the village and assaulted them and detained them at the Buddhist monastery compound. After around three days, they took them by boat at night to the Talawgyi Police Station, and from there, to Myitkyina.

On June 14 Captain Soe Paing of military intelligence took charge of the men, and at the army’s Northern Command Headquarters had them assaulted to the point of drawing blood, tortured and threatened to admit to being KIA soldiers. The methods of torture included techniques commonly reported in Myanmar, in addition to common assault: being forced to kneel on gravel for extended periods, forced simulated or actual homosexual intercourse, burning of genitals with candles, and burning the skin with the blade of a hot knife. They also include particular methods developed apparently in cases concerning Kachin people accused of involvement in the KIA, such as a stress position where the detainee is forced to stand imitating Christ crucified on the cross (since Kachin are predominantly Christian).

While the three traders were released, on the basis of the illegal detention and interrogation, on 26 June 2012 Captain Soe Paing handed the men to the police, who took them to the Kachin State Police Reserve Force premises where they interrogated them further, after which Inspector Ye Lwin lodged a case in court against the two and four other men—two of whom were also detained in Talawgyi and tortured by military intelligence, and two who were not in custody—for being members of an unlawful association. Then, in the six months that this case was being heard, Inspector Thein Win having failed to detain and prosecute any of the five accused of the mine blast opened a second case against Lahpai Gan and Baran Yaun in their stead.

In court, a police witness for the prosecution, Inspector Yan Aye, acknowledged under cross examination that the police had no eyewitnesses to the bombing, and had no evidence to link the two accused men to the crime but had based the case exclusively on the information supposedly obtained during illegal detention and interrogation in the army HQ. Furthermore, the defendants showed to the court the scars of injuries suffered while being tortured. Nevertheless, the court accepted the evidence obtained through use of torture in illegal detention, in violation of the Evidence Act and Criminal Procedure Code, and while releasing the two other detained accused of the charges, convicted Lahpai Gan and Baran Yaun.

The two men have throughout maintained their innocence and have appealed to successive courts to have the convictions overturned but the case has not been reheard in any court. Their lawyer is now taking the case to the final possible step in the judicial process of a special appeal to the Supreme Court; however, to have a special appeal accepted and heard is a difficult process and the prospects are not at all good.

In view of the above, I call for intervention from the highest levels in Myanmar to secure the release of Lahpai Gan and Baran Yaun from prison, and for the criminal investigation and prosecution of the army and police personnel responsible for torturing them.

In closing, I remain very concerned that impunity is still widely enjoyed by state agents who have committed torture in Myanmar despite the government's recent political reforms. I have learned that groups inside the country have called on its parliamentarians to pass a law to criminalize torture, and that in March 2013 a Member of Parliament also raised the matter in the national legislature. I urge that steps be taken to introduce such a law at the earliest opportunity. Again, any such law needs to be in accordance with international standards. In this regard, a positive commitment to the prohibition of torture as a matter of principle would be for the government of Myanmar to at long last ratify both the UN Convention against Torture and its optional protocols, and the International Covenant on Civil and Political Rights.

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

Yours sincerely,

----------------
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)

Sunday, September 28, 2014

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BURMA/MYANMAR: Student Activist Phyu Hnin Htwe Falsely Accused of Abduction

September 26, 2014

Ms. Phyu Hnin Htwe, a 23-year-old, member of the All Burma Federation of Student Unions (ABFSU) from Yadanabon University, Mandalay has been falsely implicated in the abduction of two Chinese workers from an army-backed copper mine project. On 20 September 2014, four months after the incident, she was arrested in her hometown under Penal Code Section 364 and 368. She is currently detained in Monywa Prison and awaiting trial in Yinmabin District Court. Ms. Phyu Hnin Htwe has already attended two trials. Her lawyer has applied for bail on September 23, but it has not been granted.

On 18 May 2014, three workers, one Burmese worker and two Chinese workers of the Wanbao Mining Company’s Letpadaung Copper Mine Project, were illegally detained by the local people from Yinmabin Township. The workers had come to the village to survey the land, but the villagers, whose lands were seized for the project, abducted the workers; they were concerned that the government was ignoring them in favour of the Chinese company. The villagers immediately released the Burmese worker but intended to use their detention of the two Chinese workers to draw the government’s attention to their grievances. The following day, local authorities negotiated with the people granting them the right to use their land again and preventing the company from further fencing off sections of the area. The villagers set the two Chinese workers free, after the verbal agreement with the authorities.

While these events were taking place, Ms. Phyu Hnin Htwe was at the home of a local family, tutoring their children. She was not involved in kidnapping the workers. According to local sources, she was only present in the area to volunteer help to local students and to provide support for the people who had lost their lands. Nevertheless, she has been accused of helping the villagers kidnap the workers. The members of the victim’s student union, among others, believe that membership in the union is one of the main reason she is being singled out by the government.

On 22 May 2014, the court charged seven people, including Ms. Phyu Hnin Htwe, for the abduction. Five of the seven were arrested, charged, convicted, but then pardoned. There has been no attempt to arrest the other two, including Ms. Phyu Hnin Htwe, at the time. Now that Ms. Phyu Hnin Htwe has been arrested, only one of the seven remains at large.

Letpadaung Copper Mine Project is being operated by the Union of Myanmar Economic Holdings Limited and Wanbao Mining Company, China. There are many nationwide objections to the project, because of the side-effects that impact the environment and livelihood of local people. Activists who were helping the local people in the Letpadaung area had been prosecuted with various offenses (see AHRC-STM-173-2013 and AHRC-STM-082-2013. The plaintiff of the case is an employee of the Union of Myanmar Economic Holdings Limited.

The Asian Human Rights Commission condemns the politically motivated prosecution of a young student for crime that she has not committed. The AHRC urges the courts to act independently, consider the facts, dismiss the case, and release the girl immediately.

Sunday, September 21, 2014

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BURMA/MYANMAR: Private company and government official pursue false charges against farmers after government agency grants them use of their land

September 19, 2014

Urgent Appeal Case: AHRC-UAC-134-2014
19 September 2014

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BURMA/MYANMAR: Private company and government official pursue false charges against farmers after government agency grants them use of their land

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

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that over 200 farmers from Pantanaw Township, Delta Region, are being prosecuted for using government confiscated lands. Some had permission to use their former land, but are now being prosecuted regardless of their legal rights. Around 60 farmers have already been sentencing to jail but more farmers are still facing in trial over a year after the initial confrontations.

CASE NARRATIVE:

In 1994-1995, a military battalion based in Pantanaw township, Pandaung, confiscated over 10,000 acres of farmlands without providing compensation to the original owners. They then transferred it to local military groups, the War Veteran Association (WVA), and private businesses. After 2012 the enactment of the Farmland law, and 2013 Farmers Rights Protection and Promotion of Interest Law, the farmers stopped paying rent because the Farmland Law revoked the applicable tenancy laws. The farmers also began applying the law to reclaim the previously confiscated land; as a result, the farmers got 800 acres of land back from the military.

WVA Land

In the mid 1990s, the military gave 200 acres to the WVA and the association rented the land back to original owners. While the farmers were renting the land they dug the ditches across the farmlands, made dykes and diverted water from Kyonekadoe stream to grow their crops. When the farmers stopped paying rent and asked for their land to be returned, in 2013, the WVA responded by claiming that they had permission from the government to operate a fish hatchery on the land. However, any such project had not yet commenced which meant that the WVA had failed to meet the standards of the law, thus they were still obligated to return the land. The WVA then began arresting farmers for theft and trespass. The accusations are based on the farming practices used during the tenancy period, which had supposedly damaged fish breeding ponds which had never existed.

Pho La Min Trading Company Land

The area known as “lowland plot No 720(B)” was confiscated in 1997 and 1998. Plot No 720(A) was confiscated in 2001 and 2002. These areas were supposed to be for the State Owned Lowland Rice Project on the orders of Senior General Than Shwe and Genaral Thura Shwe Mann, the latter is now the Speaker of the Burmese House of Representative. At some point prior to 2012, the authorities gave all 2,384 acres to Pho La Min Trading Company Limited, which is owned by General Mann‘s family. The company leased plots to farmers from both the immediate area, and the local region. The company used this to claim that they cooperated with the farmers, allowing them to use the land until 2012.

In both cases, the farmers applied to the Land Acquisition and Investigation Commission, and other government departments concerned with land ownership, for the documents that would allow the farmers to repossess their lands. However, the Pho La Min Company and WVA have instead made a concerted effort to undermine the legal position of the farmers.

In 2013, 15 farmers from Khanwe Khabo Village, Pantanaw Township complained about the conduct of the groups retaining ownership of the land that violated the 2012 farmland law. On January 28th of that year, government authorities came to the fields, surveyed the area, found that it belonged to the farmers, and authorized them to use it immediately. When the farmers cultivated the land and grew crops on over 100 acres of the land, Pho La Min Company field manager U Hla Win filed cases against the farmers accusing them of trespassing in May 2013.

The cases are still going on and some farmers are already in jail.

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

ADDITIONAL INFORMATION:

The AHRC is aware of similar prosecutions in recent cases regarding previously confiscated land: AHRC-UAU-024 2014 , AHRC-UAC_117-2014 , AHRC-STM-154-2014 , AHRC-STM-162-2014 , AHRC-UAU-025-2014

For many more cases and issues concerning human rights 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 to release the farmers as soon as possible, to dismiss the cases and give the lands back to the farmers.

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 and regional office in Bangkok, calling for their interventions into this matter.

SAMPLE LETTER:

Dear ___________,

MYANMAR: Private company and government official pursue false charges against farmers after government agency grants them use of their land.

Name of victim:

Over 200 farmers from the area were charged
Around 60 farmers received fines and some were imprisoned
Here are some who are facing in trial
Farmers from Kone Shan Gyi village and Sin Do village

1. U Kan Myint,
2. U Sein Than,
3. U Kan Aye,
4. U Ah Kyaw,
5. U Nay San,
6. U Barbu,
7. U Thaung Win,
8. U Pho Cho,
9. U Git Too,
10. U Soe Aung,
11. U Than Tun New,
12. U Mya Thaung,
13. U San Kin,
14. U Pho Htaung,
15. U Than Win Naing,
16. U Ko Phone,
17. U Aung Myint,
18. U Char Phit,
19. U Nga To

Farmers from Khanwekhabo village and Kyakhattaw village

1. U Aye Kyaw,
2. U Nyunt Maung,
3. U Kyaw Naing Oo,
4. U Hla Kywe,
5. U Maung Maung Naing,
6. U Pauk Sa
7. Ko Gin Mayi,
8. U Nyunt Maung,
9. U Aung That,
10. Daw Nan Mati,
11. U Pan Aye

Names of perpetrators:

1. U HLa Aung (War Veteran Association),
2. U Hla Win (field manager, Pho La Min Trading Company)
Cases Against Farmers: Penal Code Section 427 and Section 447, Section 143, 
ection 379

Places of Incident:

1: Moe Koke Dee Dote Kwin,
2: Kone Shan
3: Bawdinauk Kwin,
4: Khanwe Khabo and,
5: Kyakhattaw,
6:Chaung Gyi village, PyaLin Village tract

All villages of Pantanaw Township

I am writing to express my deep concern that farmers from Pantanaw Township has been prosecuted because they use confiscated lands that were supposed to have been returned to them after the new farmland law was enacted.

According to the information that I have received, in 1994-1995, a military battalion based in Pantanaw township, Pandaung, confiscated over 10,000 acres of farmlands without providing compensation to the original owners. They then transferred it to local military groups, the War Veteran Association (WVA), and private businesses. After 2012 the enactment of the Farmland law, and 2013 Farmers Rights Protection and Promotion of Interest Law, the farmers stopped paying rent because the Farmland Law revoked the applicable tenancy laws. The farmers also began applying the law to reclaim the previously confiscated land; as a result, the farmers got 800 acres of land back from the military.

WVA Land

In the mid 1990s, the military gave 200 acres to the WVA and the association rented the land back to original owners. While the farmers were renting the land they dug the ditches across the farmlands, made dykes and diverted water from Kyonekadoe stream to grow their crops. When the farmers stopped paying rent and asked for their land to be returned, in 2013, the WVA responded by claiming that they had permission from the government to operate a fish hatchery on the land. However, any such project had not yet commenced which meant that the WVA had failed to meet the standards of the law, thus they were still obligated to return the land. The WVA then began arresting farmers for theft and trespass. The accusations are based on the farming practices used during the tenancy period, which had supposedly damaged fish breeding ponds which had never existed.

Pho La Min Trading Company Land

The area known as “lowland plot No 720(B)” was confiscated in 1997 and 1998. Plot No 720(A) was confiscated in 2001 and 2002. These areas were supposed to be for the State Owned Lowland Rice Project on the orders of Senior General Than Shwe and Genaral Thura Shwe Mann, the latter is now the Speaker of the Burmese House of Representative. At some point prior to 2012, the authorities gave 2,384 acres to Pho La Min Trading Company Limited, which is owned by General Mann‘s family. The company leased plots to farmers from both the immediate area, and the local region. The company used this to claim that they cooperated with the farmers, allowing them to use the land until 2012.

In both cases, the farmers applied to the Land Acquisition and Investigation Commission, and other government departments concerned with land ownership, for the documents that would allow the farmers to repossess their lands. However, the Pho La Min Company and WVA have instead made a concerted effort to undermine the legal position of the farmers.

In 2013, 15 farmers from Khanwe Khabo Village, Pantanaw Township complained about the conduct of the groups retaining ownership of the land that violated the 2012 farmland law. On January 28th of that year, government authorities came to the fields, surveyed the area, found that it belonged to the farmers, and authorized them to use it immediately. When the farmers cultivated the land and grew crops on over 100 acres of the land, Pho La Min Company field manager U Hla Win filed cases against the farmers accusing them of trespassing in May 2013.

While many cases are still going on, some farmers are already in jail. Therefore, I urge the courts to dismiss the cases and the government to return the lands to original owner in accordance with law. I also urge the government to set the farmers free and help them protect their rights.

Yours sincerely,



----------------

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)

Document Type :Urgent Appeal Case
Document ID :AHRC-UAC-134-2014
Countries : Burma (Myanmar)
Issues : Corruption, Fabrication of charges, Judicial system, Land rights

Monday, September 15, 2014

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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,

-----------------------------------------------
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)

Thursday, September 11, 2014

,

BURMA/MYANMAR: Police torture husband and pregnant wife who dies in custody

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-128-2014
11 September 2014
---------------------------------------------------------------------
BURMA/MYANMAR: Police torture husband and pregnant wife who dies in custody

ISSUES: Torture; death in custody; police violence; impunity; arbitrary arrest and detention
--------------------------------------------------------------------- 

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that police in the delta region of Burma in 2013 detained and tortured a young couple over an alleged theft, resulting in the death in custody of the wife, who was pregnant at the time. Although the police were investigated and subject to action under a police disciplinary law, before a police tribunal, they were not subjected to any criminal inquiry or prosecution in an ordinary court, and have returned to their jobs. 

CASE NARRATIVE:

At the end of May 2013 a unit of police arrested Ko Nan Win after a quantity of gold went missing from a house where he had been doing work in his village in Bassein, which is part of Burma's delta region. The police allegedly tortured him to admit to the crime, including by stringing him from a beam and kicking and punching him. When he refused to admit, a policeman said that they would kill him. However, he said he couldn't let the police to kill him and then attempted to commit suicide by using a sharp material on his throat.

Although the police made no progress in the case against Nan Win, on June 11 they also arrested his wife, Ma Than Than Aye, for alleged involvement in the crime. Then interrogated her at a number of locations until June 17, and allegedly tortured her. Throughout this time both her and her husband were held illegally and their relatives were refused access to them. 

Then on June 17 the police took Than Than Aye by boat to search for the hidden gold. They reportedly looked in three locations and recovered nothing. According to witnesses, at the time of the search a police officer leading the unit, Sub Inspector Naing Aung Kyaw, kept beating Than Than Aye. 

As the group was nearing Pathein around 7pm in the dark on their return, Than Than Aye allegedly jumped from the vessel on the Ngawun River and drowned. She was two months pregnant at the time. 

When Than Than Aye's body was recovered it could be observed (and is clear in photographs taken) that her hands were cuffed behind her back, and one leg also was cuffed and chained, casting doubt on the police story that she would dive into the water when unable to swim. 

Subsequently, due to lack of evidence against the accused the Pathein Township Court acquitted the surviving accused. 

After an investigation by higher officers, action was taken against the police involved under a disciplinary law. Sub Inspector Naing Aung Kyaw was suspended for his post and given a one-year custodial sentence. His subordinates were all demoted one rank. 

This investigation and punishment is in no way adequate or commensurate with the offence. Indeed, as the name of the law indicates, it is an internal disciplinary law, imposed through police courts, and not a criminal law decided through the ordinary courts. As such, the case needs to be reopened and action be taken against the police under the criminal law, for arbitrary detention, torture and death in custody. 

Further details are provided in the sample letter below, as usual. 

BACKGROUND INFORMATION:

In Burma, torture is widespread in police stations, where it most commonly takes the form of beatings and other blunt methods intended to cause pain and obtain a confession. In normal criminal cases like murder, rape and robbery, police have to take immediate action and give a report to the higher authorities promptly, so they usually look for an easy target and use torture to get a confession or otherwise make the detainee do what they want. 

In the previous urgent appeals the AHRC has express its concern over police and military intelligence torture, sometimes resulting in death, such as in the cases of Soe Lin, Zaw Gyi, U Nyunt Tun, U Than Tun, Aung Hlaing Win, Myo Myint Swe, and Nan Woh Phan. In most cases also the court ignores the evidence of torture, to convict the accused. 

Torture is not a criminal offence in Burma and police are rarely held to account for the abuses committed on detainees in their custody. A member of parliament in March 2013 made a statement on the need for a law against torture and for Burma to join the UN Convention against Torture, but up to the current time no action has been taken. 

For many more cases and issues concerning human rights 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 to urge that all those responsible for the torture of Nan Win and torture and death of Than Than Aye be prosecuted in an ordinary court of law for criminal offences, and for compensation to be paid to the surviving victim. 

Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar, and Bassein, Pathein. 

Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar, on torture, on extrajudicial killings; the Working Group on Arbitrary Detention; and, the regional office in Bangkok, calling for their interventions into this matter.

SAMPLE LETTER:

Dear ………………,

MYANMAR: Police torture a husband and wife accused of theft; pregnant wife dies in custody

Names of victims: 
1. Ko Nan Win, husband of second victim, aged 26
2. Ma Than Than Aye, wife of first victim, deceased at age 28, while two months pregnant
Residents of Thabyebin Village, Pathein Township, Ayeyawady Region, Myanmar

Names of persons involved: 
1. Inspector Kyi Lin, station chief, Thinbawgyin Police Station, Pathein
2. Sub Inspector Naing Aung Kyaw, crime investigator, Thinbawgyin Police Station
3. Police Sergeant Kyi Lin, Thinbawgyin Police Station
4. Police Corporal Ne Htun, Thinbawgyin Police Station
5. Police Corporal Zaw Min Htun, Thinbawgyin Police Station
6. Police Lance Corporal Kyaw Lin Naing, Thinbawgyin Police Station
7. Police personnel at the Pathein Township Police Headquarters (Myetto Camp) & Athegyi Camp
8. Dr. U Myint Aung

Date of incident: 30 May 2013 and subsequently 
Place of incident: Ayeyawady Region, Myanmar

Case details (against victim):
1. Criminal Case No. 1619/2014, Pathein Township Court, Penal Code section 380, case brought by Daw Myint Myint, acquitted on 30 July 2014, Township Judge U Aung Myin presiding

I am outraged to learn that police in Myanmar on a complaint of simple theft would illegally detain and torture a young couple, resulting in the death of a pregnant woman in their custody. Although the police have been subjected to procedures in special police courts under a disciplinary law, these actions fall far short of what international human rights standards, and even the ordinary domestic law require in such an instance. I demand that the officers involved be investigated and brought to justice, and that the surviving victim obtain compensation and rehabilitation. 

According to the information I have received, a unit of police led by Sub Inspector Naing Aung Kyaw arrested Ko Nan Win on 30 May 2013 after a quantity of gold went missing from the house of U Ohn Than and Daw Myint Myint in Thabyebin Village, Pathein Township, where he had been doing some work on the property. Accusing Nan Win of theft, they allegedly proceeded to torture him severely in an attempt to have him admit to stealing the gold.  

Nan Win alleges that the police—including the police chief of the Thinbawgyin station—strung him from a beam and proceeded to kick and punch him to admit to the crime. When he refused to admit, a policeman said that they would kill him. However, he said he couldn't let the police to kill him and then attempted to commit suicide by using a sharp material on his throat. After that they stopped the torture and called for Dr. U Myint Aung to tend to the wounds. 

Although the police made no progress in the case against Nan Win, on June 11 they also arrested his wife, Ma Than Than Aye, for alleged involvement. According to her father, seven armed police came to search his hut, where his daughter had come after her husband's arrest, and they then said that they had a few questions for Than Than Aye. 

The police interrogated Than Than Aye from June 11 to 17, holding her variously at the Pathein Township Police Headquarters (Myetto Camp), Athegyi Camp and Thinbawgyin Police Station, during which time they allegedly tortured her. Throughout this time both her and her husband were held illegally and their relatives were refused access to them. 

Then on June 17 the police took Than Than Aye by boat to search for the hidden gold in Thabyebin Village: they reportedly looked in three locations and recovered nothing. According to witnesses, at the time of the search Sub Inspector Naing Aung Kyaw kept beating Than Than Aye. As they were nearing Pathein around 7pm in the dark on their return she allegedly jumped from the vessel on the Ngawun River and drowned. She was two months pregnant at the time. 

When Than Than Aye's body was recovered it could be observed (and is clear in photographs taken) that her hands were cuffed behind her back, and one leg also was cuffed and chained, casting doubt on the police story that she would dive into the water when unable to swim. 

Subsequently, due to lack of evidence against the accused the Pathein Township Court acquitted the surviving accused. 

After an investigation by higher officers, action was taken against the police involved under the Myanmar Police Force Maintenance of Discipline Law, 1995. Sub Inspector Naing Aung Kyaw was suspended for his post and given a one-year custodial sentence. His subordinates were all demoted one rank. 

This investigation and punishment is in no way adequate or commensurate with the offence. Indeed, as the name of the law indicates, it is an internal disciplinary law, imposed through police courts, and not a criminal law decided through the ordinary courts. As such, I urge that the case be reopened and action be taken against the police under the criminal law, for arbitrary detention, torture and death in custody. 

I also urge that compensation and rehabilitation be given to the surviving victim, Nan Win, whose body reportedly still suffers from the torture. The scars on his neck are clearly visible, and he experiences chest and back pain. He breathes with difficulty. 

In closing, I remain very concerned that impunity is still widely enjoyed by state agents who have committed torture in Myanmar despite the government's recent political reforms. I have learned that groups inside the country have called on its parliamentarians to pass a law to criminalize torture, and that in March 2013 a Member of Parliament also raised the matter in the national legislature. I urge that steps be taken to introduce such a law at the earliest opportunity. Again, any such law needs to be in accordance with international standards. In this regard, a positive commitment to the prohibition of torture as a matter of principle would be for the government of Myanmar to at long last ratify both the UN Convention against Torture and its optional protocols, and the International Covenant on Civil and Political Rights. 

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

Yours sincerely,
----------------
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
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
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
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
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)

Wednesday, August 27, 2014

,

BURMA/MYANMAR: Police tortured 13-year-old in custody, case is stalled

ASIAN HUMAN RIGHTS COMMISSION -- URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-119-2014

August 27, 2014 
---------------------------------------------------------------------
BURMA/MYANMAR: Police tortured 13-year-old in custody, case is stalled

ISSUES: Impunity, Judicial system, Police violence, Torture
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that in July 2013 the police from Myaung Mya Township Police Station tortured a then 13-year-old boy accused of murder. They detained him for one month, tortured him, and sent him to court with documents that incorrectly stated his age. He was granted bail after court found that he was underage, but the case is still pending in Juvenile Court.


CASE NARRATIVE:

(Photo credit: Salai Thant Sin / The Irrawaddy)

Soe Lin, is unable to walk  without assistance because of torture by police personnel in Myaung Mya Township Police Station. On 23 July 2013, U Kyaw Wai, was murdered in the Aung Pan salt factory where he worked. Soe Lin and his father were accused of murdering the man and were arrested that day. A few days later the police also arrested, Soe Lin's Mother and 9-year-old sister were also taken to the police station for interrogation. The mother and daughter remained in custody for two days.

Meanwhile, for almost three weeks, Soe Lin and his father weren't allow to meet with family or any relatives. In all, the police detained Soe Lin and his father for one month without warrant or court order. The police interrogated Soe Lin in custody and attempted to get him to admit that he killed the man. He denied killing anybody, talking with the man, or visiting his house. After asking for three days he maintained his innocence, so they started torturing him.

They methods of torture used on the boy included using a lighter to burn his face around his eyes, burning his fingers with a cigarettes causing his fingernails to fall off, forcing him to kneel on coarse gravel for an extended period of time, denying him food and water, holding his head underwater, and various beatings that eventually caused bleeding from his ear and blood in his urine. This torture continued for a month and was conducted at least in part by Township Police Commander Inspector Kyawt Han. As a result, the victim is having difficulty breathing, walking, and relieving himself.

When the Inspector Kyawt Han filed the case against Soe Lin, he wrote the boy's age as 16 even he knew that the boy's was 13 years old. However, during the hearing in court, the headmaster of boy's primary school came to court to prove boy's real age: 13 years and 10 months old. Because the boy is a minor, the case was transferred to a juvenile court in Ein-me Township and he has been released on bail.

The boy can't even stand on his own. According to his clinic doctor, it is due pain in his lower vertebra and pelvis. However, the doctor said that the government should provide medical treatment at a hospital for the boy because he was harmed in custody. However, the government has not offered any such treatment.

It is clearly say in Child Law 1993 that "when arresting a child accused of having committed an offence: [law enforcement] shall not handcuff the child or tie [the accused] with a rope; shall not keep the child together with adult prisoners; shall not maltreat or threaten the child; [and] shall send up the arrested child to the relevant juvenile court as soon as possible."

In addition, due process requires the right to a speedy trial. In a case such as this one it is a violation of such rights to hold the accused indefinitely without resolving the legal issues.In this case, the police did not respect any of these laws. The case is still stalled at trial.

BACKGROUND INFORMATION:

In Burma, torture is widespread in police stations, where it most commonly takes the form of beatings and other methods intended to cause pain and obtain a confession. In normal criminal cases like murder, rape, and robbery, police have to take immediate action and give a report to the higher authorities promptly, so they usually look for an easy target and use torture to get a confession or otherwise make the detainee do what they want.

Torture is not a criminal offence in Burma and police are rarely held to account for the abuses committed on detainees in their custody. A member of parliament in March 2013 made a statement on the need for a law against torture and for Burma to join the UN Convention against Torture, but the government has not taken any further action.

For many more cases and issues concerning human rights 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 to urge that all those responsible for the torture of Soe Lin be prosecuted and investigated, and that he be afforded a reasonable and swift conclusion to the case still pending against him.

Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar.

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

SAMPLE LETTER:

Dear ..............................,

MYANMAR: Police tortured 13-year-old in custody, case is stalled
Names of victims: Soe Lin, now 14 years old

Residents of Nawaday Road, Myayatana Quarter, Myaung Mya Township, Ayeyawaddy Region,Myanmar

Names of perpetrators:

Police Inspector Kyawt Han
Other police personnel from Myaung Mya Police Station
Date of incident: 23 July 2013 (date of arrested) to present

Place of incident: Myaung Mya Township Police Custody, Ayeyawaddy Region, Burma

I am upset to hear that Soe Lin, is unable to walk without assistance because of torture by police personnel in Myaung Mya Township Police Station. On 23 July 2013, U Kyaw Wai, was murdered in the Aung Pan salt factory where he worked. Soe Lin and his father were accused of murdering the man and were arrested that day. A few days later the police also arrested, Soe Lin's Mother and 9-year-old sister were also taken to the police station for interrogation. The mother and daughter remained in custody for two days.

Meanwhile, for almost three weeks, Soe Lin and his father weren't allow to meet with family or any relatives. In all, the police detained Soe Lin and his father for one month without warrant or court order. The police interrogated Soe Lin in custody and attempted to get him to admit that he killed the man. He denied killing anybody, talking with the man, or visiting his house. After asking for three days he maintained his innocence, so they started torturing him.

They methods of torture used on the boy included using a lighter to burn his face around his eyes, burning his fingers with a cigarettes causing his fingernails to fall off, forcing him to kneel on coarse gravel for an extended period of time, denying him food and water, holding his head underwater, and various beatings that eventually caused bleeding from his ear and blood in his urine. This torture continued for a month and was conducted at least in part by Township Police Commander Inspector Kyawt Han. As a result, the victim is having difficulty breathing, walking, and relieving himself.

When the Inspector Kyawt Han filed the case against Soe Lin, he wrote the boy's age as 16 even he knew that the boy's was 13 years old. However, during the hearing in court, the headmaster of boy's primary school came to court to prove boy's real age: 13 years and 10 months old. Because the boy is a minor, the case was transferred to a juvenile court in Ein-me Township and he has been released on bail.

The boy can't even stand on his own. According to his clinic doctor, it is due pain in his lower vertebra and pelvis. However, the doctor said that the government should provide medical treatment at a hospital for the boy because he was harmed in custody. However, the government has not offered any such treatment.

It is clearly say in Child Law 1993 that "when arresting a child accused of having committed an offence: [law enforcement] shall not handcuff the child or tie [the accused] with a rope; shall not keep the child together with adult prisoners; shall not maltreat or threaten the child; [and] shall send up the arrested child to the relevant juvenile court as soon as possible."

In addition, due process requires the right to a speedy trial. In a case such as this one it is a violation of such rights to hold the accused indefinitely without resolving the legal issues.In this case, the police did not respect any of these laws. The case is stalled at trial.

Therefore, I urge the government to intervene in this case and to prosecute the Police Inspector Kyawt Han and police personnel from Myaung Mya Township Police Station who tortured the child under both the Myanmar Police Force Maintenance of Discipline Law and Criminal Law.

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

Yours sincerely,

..............................

PLEASE SEND YOUR LETTERS TO:

1. Lt-Gen. KoKo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyidaw
MYANMAR
Tel: +95 67 412 079
Fax: +95 67 412 439

2. U TheinSein
President of Myanmar
President Office
Office No. 18
Naypyidaw
MYANMAR

3. U TunTunOo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080
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
Fax: +95 67 404 146

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

6. Thura U AungKo
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. DawAung San SuuKyi
Chairperson
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)