BURMA: Local authorities beat villager to death 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by the Thailand-based Yoma 3 News Service that five members of a local council in Burma, including the chairman, beat a local resident until he suffered fatal injuries on 31 December 2005. It is reported that Ko Than Htike died of his injuries in hospital after the group, headed by U Aung Myint Thein, beat him up for refusing to follow their instructions to clear vegetation from the front of his house and pay dues to support a paramilitary unit.

The AHRC has heard that the police have lodged the case in the local court; however, the AHRC is aware that persons in authority in Burma very often escape punishment, even for grave crimes, due to their ability to threaten witnesses and apply pressure through the judicial and administrative system. In other instances where complaints have been successfully lodged against government officers, counter legal action and extra-legal measures have been taken to silence and punish the complainants and their supporters. Therefore, please write to the Attorney General to ensure that the case proceeds without outside disturbance. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Victim: Ko Than Htike, 34-years-old, carpenter, residing in Myo Thit Ward, Ngathaing Chaung Town, Yegyi Township, Irrawaddy Division, Burma
Alleged perpetrators: 
1. U Aung Myint Thein, Chairman, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
2. Irrawaddy Thant Zaw, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
3. Ko Tint Lwin, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
4. U Khin Maung Kyaw, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
5. U Tin Thein, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
Place of incident: Office of the Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
Time & date of incident: Early morning of 31 December 2005

According to the information received by the AHRC, in the early morning of last December 31 a group of local officials headed by U Aung Myint Thein, Chairman of the Ward Peace & Development Council in Myo Thit, Ngathaing Chaung Town, Irrawaddy Division, beat Ko Than Htike, a local carpenter, until he sustained fatal injuries. 

The authorities and Ko Than Htike reportedly had a number of personal disputes, including over his failure to clear away vegetation growing at the front of his house as they had ordered. (In Burma it is common for local authorities to instruct residents to undertake ‘beautification’ work such as clearing bushes and painting their fences white.) The previous evening, Ko Than Htike had also reportedly been drinking at a shop owned by U Aung Myint Thein when two council members, Irrawaddy Thant Zaw and Ko Tint Lwin, had demanded that he pay dues to support the local People’s Militia unit of 300 Bumese kyat for nine months, totaling 2700 kyat (USD 2.25). Ko Than Htike told them that he didn’t have the money and would pay later. For these reasons the council members are reported to have held a grudge against Ko Than Htike and wanted to teach him a lesson.

According to witnesses, early on December 31 four council members–Irrawaddy Thant Zaw, Ko Tint Lwin, U Khin Maung Kyaw and U Tin Thein–arrived at the front of Ko Than Htike’s house and called him out, saying that they were going to take him to the police. However, instead of taking him to the police they took him to their council office. As they neared the office they suddenly began kicking and beating him. When they reached the office, U Aung Myint Thein was seen to punch him once. During the assault, witnesses heard Ko Than Htike crying out and moaning, until blood was flowing from his nose and mouth. 

After about one and a half hours Ko Than Htike was sent home, but his injuries were unbearable. He was then sent to the hospital at Yegyi, but he died at around 5pm that evening. 

According to the news received, the five alleged perpetrators have in fact been charged with murder in the Yegyi Township Court. However, the AHRC is concerned that where authorities are charged with crimes in Burma they have many avenues available to escape punishment. For instance, the AHRC has recently released an update on the case of Ma Soe Soe, an alleged rape victim who has filed charges against the police (UP-008-2006). For refusing to withdraw the case, Ma Soe Soe and prosecution witnesses have reportedly faced various forms of harassment and intimidation, and the investigation into the alleged crime has been conducted with many irregularities. Similarly, Ma Su Su Nwe, the human rights defender who obtained an unprecedented victory in a forced labour complaint case against local authorities, is now languishing in prison due to a counter-complaint lodged by the new council head in her area (see most recently UP-006-2006). In other cases also local authorities that have faced complaints by residents have sought various ways to obtain revenge (see for instance UA-175-2004 and UP-64-2004.)

Murder is both a non-bailable and non-compoundable offence under Schedule II of the Code of Criminal Procedure in Burma. Therefore, the defendants cannot seek to settle the case such as by offering money, and they must be arrested and detained. The AHRC is at present attempting to confirm that the accused council chairman and members are now being held in detention. 

SUGGESTED ACTION:

Please write to the Attorney General to ensure that the case is properly and speedily pursued through the courts and the plaintiff and witnesses are fully protected. A suggested letter follows. Please note that for the purpose of this letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Irrawaddy Division as Ayeyawaddy Division. 

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