Dear friends,
The Asian Human Rights Commission (AHRC) has received news from the Yoma-3 news service that on 7 October 2004 the Henzada Township Court convicted U Ohn Myint and Ko Khin Zaw for criminal defamation after they had attempted to take complaints of forced labour to the courts. The same court threw out the forced labour cases against local government officials on 27 August 2004 that were filed by these two victims. (See further: UP-51-2004)
According to the information received, U Ohn Myint and Ko Khin Zaw were found guilty of criminally defaming the government officials for alleging that they had been forced to do labour in violation of the national law, after their allegations were thrown out of court without proper investigation. The presiding special judge Daw Htay Htay Win sentenced the two men on October 7 to six month’s imprisonment or a fine of 10,000 Kyat each (US$10). After one hour have passed, judge Daw Htay Htay Win informed U Ohn Myint and Ko Khin Zaw that they had to pay the penalty immediately, and added that if they could not pay, their houses could be confiscated. After another hour passed, she called the two victims again and asked if they would pay the penalty by installments, however, the accused opted to go to prison.
The International Labor Office (ILO) in Yangon has reportedly been notified about this matter, and is said to be taking up the case with the Myanmar authorities.
Other villagers are also said to be planning legal action, therefore the sentencing of the two men for criminal defamation can be seen as an additional warning to those persons of the consequences of their planned actions. However, the choice of imprisonment over a relatively small fine by the two victims also speaks to their defiance of the court in this instance, and determination to take a strong position as human rights defenders, both in relation to international standards and the domestic law.
BRIEF REMINDER OF THE CASE
As outlined in our first urgent appeal on this case (UA-112-2004), starting from 10 July 2003, the Kanyinngu Village Tract Peace and Development Council instructed villagers of Oatpone village to act as sentries at the local Buddhist monastery. After U Ohn Myint and Ko Khin Zaw failed to serve, the chairman lodged charges against them. Both were subsequently imprisoned for refusing to follow the local government officer’s orders.
The two men argued that they were punished in violation a number of orders issued by the government in 1999 and 2000, which banned forced labour in compliance with International Labour Organisation (ILO) Convention 29. They filed a case against the local authorities accordingly. The chairman of the village tract council then filed a counter-complaint to the effect that both he and the council had been defamed.
On 8 September 2004, another villager from the same place, U Mya Sein, also lodged a complaint alleging that he was obliged to serve as a sentry at the village monastery. In his case, the complaint was lodged on his behalf by a Supreme Court lawyer, and in it he averred that he was threatened to do the sentry duty with reference to the case of U Ohn Myint, who was imprisoned at the time (see further UP-50-2004).
SUGGESTED ACTION:
Please write to the Attorney General to call for a legal review of the decision. Send copies to the Minister for Home Affairs and Prime Minister, as they issued the orders prohibiting forced labour. You may also like to send a separate letter to the ILO to demand that it take steps to guarantee the security of persons bringing cases of forced labour to the courts or re-examine its mandate in Burma, and send copies to concerned UN officers. A suggested letter for the Attorney General follows. Please note that for the purposes of these letters, the country should be referred to by its official title of Myanmar, rather than Burma.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Director General,
Re: CONVICTION ON CRIMINAL DEFAMATION CHARGES IN HENZADA TOWNSHIP COURT OVER FORCED LABOUR ALLEGATIONS
I am most disappointed to hear that two villagers, Ko Khin Zaw & U Ohn Myint, were convicted by the Henzada Township Court on October 7 of criminally defaming the Kanyinngu Village Tract Peace and Development Council, and sentenced to six-months' imprisonment as a result.
The allegations brought by Ko Khin Zaw and U Ohn Myint against the members of the Council, under section 374 of the Penal Code and in accordance with Order 1/99 and the Supplementary Order prohibiting forced labour had credibility, but do not appear to have been properly investigated. After the same court, headed by special judge Daw Htay Htay Win (No. Ta/1767), threw out the section 374 complaint on 27 August 2004, it took up the counter-complaint lodged by the chairman, alleging criminal defamation. It comes as little surprise to hear that judge Daw Htay Htay Win found the two men guilty of this charge.
Criminal defamation has in recent years been condemned globally as offensive to basic rights. Many countries have recognised that criminal defamation is obsolete, and have removed it from the statute books. Among the principal reasons for its removal are that criminal defamation cases are used to intimidate citizens from asserting their basic rights, as in this instance. In particular, under no circumstances should criminal defamation be available to government agents criticised for their actions by citizens acting in the public interest, and with regards to the official duties of those concerned. I therefore urge you to review the statues in Myanmar, with a view to removing the charge of criminal defamation from existing legislation.
I further urge you to take steps to review the decisions made in the cases pertaining to Ko Khin Zaw and U Ohn Myint, with a view to overturning the grossly unjust sentence passed by the Henzada Township Court, and re-examining the allegations against the village tract council officials. This should be done particularly in light of another case brought by a villager from the same location against the same officials, that of U Mya Sein (Complaint No. 1542/2004), lodged on 8 September 2004 by Supreme Court lawyer Daw Mya Mya Aye. I am especially concerned that the complainant in this case will be subjected to the same treatment as Ko Khin Zaw and U Ohn Myint, and not given a proper opportunity to have his allegations seriously examined by the courts.
Finally, I urge you to hold discussions with the mission of the International Labour Office in Yangon to ensure that Order 1/99 and the Supplementary Order are effectively implemented without further delay, and that complainants under Penal Code section 374 are offered protection in making their complaints. These discussions should be undertaken both with specific reference to the above-mentioned cases, and any others pending.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
1. Dr. Tun Shin
Director General
Office of the Attorney General
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Fax: + 95 1 282 449 / 282 990
PLEASE SEND COPIES TO:
1. General Khin Nyunt
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Fax: + 95 1 652 624
2. Colonel Tin Hlaing
Chairman
Myanmar Human Rights Committee & Minister for Home Affairs
c/o Ministry of Home Affairs
Corner of Saya San Street and No 1 Industrial Street,
Yankin Township
Yangon
MYANMAR
Fax: +95 1 549 663 / 549 208
3. Mr. Paulo Sergio Pineheiro
Special Rapporteur on the situation of human rights in Myanmar
OCHR-UNOG, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Fax: + 41 22 9179 018
4. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
OHCHR-UNOG,
1211 Geneva 10,
SWITZERLAND
Fax: +41 22 917 9006
5. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
