Dear Major General Maung Oo
MYANMAR: Concerns over improper investigation into murder of Ko Thet Naing Oo under Kyimyintaing and Dagon police stations, Yangon Division
Name of victims:
1. Ko Thet Naing Oo, 40 years old, of Patin Road, Bawga Ward, Kyimyintaing Township, Yangon Division (deceased)
2. Ko Win Myint, 38 years old (under custody at Dagon Police Station, Yangon)
3. Ko Khin Maung Zaw, 21 years old (under custody at Dagon Police Station, Yangon)
4. Five persons arrested in connection with the killing, including three trishaw drivers
Name of aleged perpetrators: A group of fire-fighters and municipal officers posted at the Thirimingalar Market in Kyimyintaing Township, Yangon Division, together with two patrolling police officers identified as Tin Maung Ni and Aung Myat Thu
Date of incident: 18 March 2006 and subsequently
Place of incident: Thirimingalar Market, Kyimyintaing Township, Yangon Division; Dagon Police Station
My distress at the news that Ko Thet Naing Oo was beaten to death by government officers at the Thirimingalar Market in Kyimyintaing Towship, Yangon on 17 March 2006 has been compounded by reports that the Myanmar police have moved quickly to cover up the crime and blame innocent people.
According to the latest information I have been given, Ko Thet Naing Oo got into an argument with municipal officials who instead of giving him a petty fine for urinating in the market beat him. At least two police officers patrolling the area were also allegedly involved in the assault, along with reserve fire fighters. One, named Aung Myat Thu, is believed to have been involved in the later stages of the assault while Tin Maung Ni reportedly pinned down Thet Naing Oo when he was already unconscious and bleeding profusely, by kneeling in his back. After that he handcuffed the victim and loaded him onto a trishaw and took him away. Tin Maung Ni later reportedly came back and warned bystanders not to say anything.
The police statements that Thet Naing Oo was drunk have been rejected by those who saw him at the time. Under any circumstances, it is clear that incredibly excessive force was used against him, in violation of section 46(3) of the Criminal Procedure Code, which states that under almost no circumstances may an arrest result in death, even when the accused resists, and section 50, which requires that minimum force is used.
Photographs and video footage of Thet Naing Oos funeral have been widely distributed. These show the brutality of the attack. It can be clearly seen that his skull was split wide open in at least two places: one fracture running across his head. The front of his face also has been seriously damaged. According to accounts from the scene, the attackers used planks of hardwood, which they destroyed that night.
From the scale of the injuries it is also hard to believe that some trishaw drivers could have been responsible for Thet Naing Oo's death. I am informed that three of these drivers and two other innocent bystanders have been taken into custody at the Dagon Police Station and will be charged in connection with the death. I urge you to see that they are released without delay and the investigation taken over by other parts of the police force, in order that it proceeds properly and effectively with a view to laying charges of charges of homicide under section 302 of the Penal Code against the legitimate perpetrators.
I am also gravely concerned that the two key witnesses to the assault, Ko Win Myint and Ko Khin Maung Zaw, who were also reportedly attacked, have been taken in to custody and charged with causing grievous harm to government officers and obstructing them from carrying out of their official duties, and aiding and abetting a crime (sections 311 and 114 of the Penal Code). It is extremely dubious that these two persons were taken into detention at the Dagon Police Station immediately after the crime, and have also been denied access to lawyers and their families, in violation of criminal procedure. Certainly this action by the police gives strong credence to allegations that they are covering up a crime committed by state officers. I urge you to ensure that these two men are released from detention without delay. At very least they must be given access to lawyers and relatives in accordance with the law.
All victims and their families must obtain full cooperation from the state authorities, including protection if necessary and compensation in the event that the accused are found guilty.
The scale of criminality in this case is astounding even by the standards of lawlessness for which your country is known internationally. The naked cruelty of the government agents involved in killing Thet Naing Oo is being compounded daily by wanton violations of the rights of innocent bystanders and others who have been implicated without any justification. These are violations not just by the standards of international law, but by your own domestic laws, including the Criminal Procedure Code.
Accordingly, I urge you to take direct and personal responsibility for this case and see that the litany of human rights abuses arising from the death of Thet Naing Oo is at last brought to an end. If you fail to act now, it will only serve to encourage repeat incidents in the future, which will further destabilise your society and undermine the claims of your administration to be able to bring discipline to Myanmar.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Corner of Saya San Street and No 1 Industrial Street,
Yankin Township
Yangon
MYANMAR
Tel: +951 250 315 / 374 789
Fax: +951 549 663 / 549 208
PLEASE SEND COPIES TO:
1. Lt-Gen. Soe Win
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
2. U Aye Maung
Attorney General
Office of the Attorney General
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Fax: + 95 1 371 028/ 282 449 / 282 990
3. Brigadier General Khin Yi
Director General
Myanmar Police Force
Saya San Road
Yankin Township
Yangon
MYANMAR
Tel: + 95 1 549 196/ 228/ 209
3. Mr. Patrick Vial
Head of Delegation
ICRC
No. 2 (C) - 5 Dr. Ba Han Lane
Kaba Aye Pagoda Road, 8th Mile
Mayangone Township
Yangon
MYANMAR
Tel.: +951 662 613 / 664 524
Fax: +951 650 117
E-mail: yangon.yan@icrc.org
4. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Ms. Audrey Ryan
Room 3-090
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018 (ATTN: SPECIAL RAPPORTEUR MYANMAR)
E-mail: aryan@ohchr.org
5. Professor Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXTRAJUDICIAL EXECUTIONS)
Email: lventre@ohchr.org
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
