UPDATE (Burma): Human rights lawyer released, defiant; district court rejects other case 

[UA-119-2006: BURMA: Court appeal against lawyer jailed for helping farmers contact ILO headed for Supreme Court; UA-071-2006: UA-155-2006: BURMA: Farmer jailed for complaining about destruction of crops; UP-125-2006: BURMA: Human rights lawyer’s licence revoked; ILO steps up pressure; cases go to Supreme Court]
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BURMA: Extortion; impunity; illegal detention; un-rule of law; attacks on human rights defenders
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Dear friends,

We are pleased to inform you that after strenuous international pressure and attention imprisoned Burmese human rights lawyer U Aye Myint was released on Saturday, July 8. The International Labour Organisation (ILO) had given the authorities in Burma until the end of July to release Aye Myint, who had helped lodge a complaint to ILO staff, or face strong international legal action. Aye Myint has said that he will continue to take up rights-related cases, but it is unclear at this stage whether his licence to practice law will be returned to him or not. Meanwhile, a district court on June 25 summarily rejected an appeal against imprisonment by U Tin Nyein for complaining that government authorities negligently flooded his fields.

U Aye Myint was on Saturday freed from prison after serving 11 months of a seven year sentence for helping a group of farmers to lodge a complaint with the ILO in June 2005 over unfair allocation of pastureland for their cattle (UA-119-2005; UP-125-2006). Aye Myint was released under the same provision of law that allowed for the release of Ma Su Su Nwe in June (UP-119-2006): section 401 of the Criminal Procedure Code.

Before being released Aye Myint was required to sign a document that if he commits any further offence in the remaining period of his sentence (six years and one month) then he will be returned to prison and required to serve out the full term.

However, the release of Aye Myint has left a number of unanswered questions. Among them:

1. The Supreme Court was due to decide on Aye Myint’s appeal against his imprisonment. By releasing him under section 401 the authorities have avoided the obligation to give a judicial statement on whether or not his detention was valid. Although Burma’s courts are completely controlled by the military government, still it has left the question of whether or not similar complaints will be prosecuted likewise.

2. Aye Myint had his licence to practice law revoked on May 13 (not May 12 as previously reported) due to his conviction. Had he been acquitted by the Supreme Court, it would have to have been automatically returned to him. However, as the authorities have aborted the judicial process, it is not clear as to whether or not he will get his licence back. Although Aye Myint has said that he will press on with his work regardless of whether or not he has his licence, if he cannot practice his profession it is bound to have an effect on his livelihood.

In telephone interviews with shortwave radio stations after his release, Aye Myint sounded defiant and determined to continue as a human rights defender. On a Radio Free Asia broadcast on Sunday, July 9 he told interviewer U Thein Htaik Oo that:

“I am not going the way of party politics or national politics. I am going the way of people’s politics. I am just submitting that where the country’s enacted laws are destroyed people are persecuted… I want the people to know that if the state violates enacted law and causes ill-treatment, come to U Aye Myint. Although I’ve lost my licence, I will write letters of complaint. I will endeavour to deliver them to those in charge. If you say that they won’t do anything that’s up to you. I’ll go to jail [again]… I fight within the limits of the law. I’ll carry on.”

Meanwhile, according to the Yoma-3 news service (Thailand) U Tin Nyein, a farmer who in August 2005 complained that the authorities destroyed his crops by breaking open embankments on his land (UA-155-2006), had his appeal quashed in the district court. It will now proceed to the divisional court. However, Tin Nyein’s family is struggling to pay the costs of the case.

SUGGESTED ACTION:

Please write to the Attorney General, who in Burma is also the head of the Bar Council, calling for the immediate restoration of U Aye Myint’s licence to practice law. A suggested letter follows. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma.

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