BURMA: Attempt at stopping police abuse ends in jail term 

SUMMARY

The Asian Human Rights Commission (AHRC) has learnt from the Burma Lawyers’ Council and Yoma 3 information service (Thailand) that a young man has been sentenced to two years jail in Burma for having attempted to stop a police officer from assaulting a homeless woman. The man, Kyaw Min Htun, was sentenced to two years’ hard labour for hitting the police officer, Corporal Aung Naing Soe, after seeing him dragging Ma San San Htay along the ground by her hair.

AHRC urges you to write to the concerned officials to call for a legal review of the case, disciplinary action against the police officer concerned, and by bringing it to the attention of the international community.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Victims:

1. Kyaw Min Htun, 26-years-old, son of U Aung Than, residing in Hone Lan Ward, Sanchaung Township, Yangon Division

2. Ma San San Htay, a homeless betel nut seller at Thida Street, Thida Ward, Kyinmyindaing Township, Yangon Division

Alleged perpetrator: Police Corporal Aung Naing Soe, patrolling officer in Thida Ward, Kyinmyindaing Township, Yangon Division

Date of incident: 18 April 2004

Place of incident: Roadside of Thida Street, Thida Ward, Kyinmyindaing Township, Yangon Division

Case details:

On 18 April 2004, at about 2:30pm, Police Corporal Aung Naing Soe came in full uniform to Thida Street, in Thida Ward, Kyinmyindaing Township, Yangon Division, where a line of shops is located. After stopping to complain about homeless people in the vicinity to one shopkeeper, Myo Thein, he began clearing them away. According to Ma San San Htay, a betel nut seller who was resting because she was feeling unwell, the officer kicked her awake. He told her to clear off her betel nut tray or he would beat her up, whereupon a quarrel ensued. The officer then hit her in the mouth, grabbed hold of her hair and before many witnesses dragged her along the road by it. He pulled her over 20 feet this way, and then began again, dragging her along the length of the road, while abusing her verbally. Ma San San Htay was crying out for help while being dragged by the police officer, for a distance that was in total over 50 yards.

At this time, Kyaw Min Htun came by on his bicycle, and seeing the officer dragging the woman, and hearing her cries, he dismounted and told the officer not to maltreat the woman, but act properly if he was intent upon arresting her. Corporal Aung Naing Soe replied, “What’s it to do with you?” and according to Ma San San Htay hit Kyaw Min Htun first, whereupon Kyaw Min Htun hit back, breaking the officer’s nose. He was then taken and charged by the officer on the accusation that he crashed his bicycle into him and attacked him without warning while he was performing his duties.

Kyaw Min Htun was charged with inflicting violence on a public servant while in performance of his duties, under section 333 of the Penal Code. In his defence he stated that he had stepped in after he had seen the police officer dragging the woman along the ground by her hair, and hearing her cries for help, and had done no wrong. However, on 24 June 2004, the Kyinmyindaing Township Court found Kyaw Min Htun guilty of having assaulted the police officer while in the course of his duties, and sentenced him to two years’ imprisonment with hard labour (Case No. 247/2004).

ADDITIONAL COMMENTS

This case illustrates how local authorities operate to guarantee impunity for government officers under any circumstances in Burma. In reaching its verdict, the court did not assess the relative merits of the arguments on both sides, or even ask if there was any validity to the claims of assault against the police officer. Nor did it question whether hitting and dragging a woman along by her hair would be appropriate behaviour for an officer ‘in the course of his duties’. It merely established that the accused hit the officer—a fact unquestioned by all parties—and sentenced him accordingly. In Urgent Appeals issued earlier this year, the AHRC has pointed to the nexus that exists between local police officers, government officials, and the judiciary throughout Burma that denies the possibility of natural justice for any person challenging one or another of these authorities. One of those appeals happily resulted in the release of the accused, child detainee Chan Thar Kyaw, on orders of the relevant minister. However, in the latter case, involving two girls raped by a local administrator who were themselves jailed after lodging complaints (UA-40-2004), no news has been made available of the whereabouts or circumstances of the victims.

SUGGESTED ACTION:

Please write to the Attorney General to call for a legal  review of the decision against Kyaw Min Htun, and to the Minister for Home Affairs, who oversees the police force, to call for a disciplinary inquiry into the actions of Corporal Aung Naing Soe. Please also request that an independent agency be established in Burma to investigate and act upon complaints against police officers. A suggested letter follows. Please note that for the purposes of this letter, the country should be referred to by its official title of Myanmar, rather than Burma.