Dear friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that the family of U Than Lwin, who was assaulted in June after leading a prayer meeting in Burma for the release of political prisoners, has been jailed instead of the assailant. Four members of the family and five other people have been given jail terms of five to seven years for chasing the attacker and calling the police to the office of a quasi-government body where he hid. Meanwhile, Than Lwin was himself taken away at the start of October over the recent protests in Burma.
UPDATED INFORMATION:
As we informed in our previous appeal, on 15 June 2007 an unidentified man assaulted U Than Lwin with a knuckle-duster, after he had led a group to pray for the release of all political prisoners in Burma at pagodas in his town of Mattaya, in upper Burma. Other people present, including members of Than Lwin’s family, gave chase and saw the man go into the local office of the government’s Union Solidarity and Development Association (USDA). They called the police, but the USDA staff refused to let the police go inside. Than Lwin was admitted to hospital with a broken nose and cheek, and was treated for two weeks before going home (see: UA-230-2007; also, commentary at UPI Asia Online).
Although a criminal case was lodged against the attacker, it has not progressed, despite eyewitness testimonies and other evidence.
Meanwhile, on June 26 the USDA township secretary, U Kyaw Min, lodged a criminal complaint in the local court against nine persons who had chased the assailant to the office, including three of Than Lwin’s children and one son-in-law, claiming that one of them had illegally entered the USDA office with intent to kill the alleged assailant and when he couldn’t find him there had threatened to burn the place down. He accused the others of being accomplices.
Under cross examination during the trial, which was opened on July 24, the secretary admitted that he himself had not been a witness to any of the alleged actions and threats but said that he had been told by others, and that he had just opened the case on instructions from his superiors. It also came out openly in the court that none of the other so-called witnesses to these actions had gone to the police with any complaint or had reported any such incidents.
Furthermore, among the seven witnesses for the prosecution, two testified against U Nyo Kyi but said that the other eight accused hadn’t been involved in any way apart from being present at the time.
Nonetheless, the judge found all of the accused guilty and on October 5 sentenced them from 5 to 7 years in jail. All nine were sent to Mandalay Prison afterwards.
Meanwhile, around 25 police and local officials led by Police Superintendent Khin Maung Thein and township chairman U Khin Maung Soe took Than Lwin from his house around midnight on 1 October 2007, in connection with the recent protests. When asked if he was under arrest and should take soap and other items for a stay in detention the officials reportedly said that they would just talk with him and bring him back later, but they did not.
ADDITIONAL COMMENTS:
As noted in our most recent prior appeal on the current situation in Burma, the events of this August and September in which thousands of people have been detained without any regard to law are a large-scale demonstration of the day-to-day denial of basic rights and perversion of state institutions that the AHRC has documented for some time (UP-136-2007). This case also illustrates how laws and courts in Burma are being used in the pursuit of injustice rather than justice (see 2006 AHRC report on Burma)
For all documentation and commentary on recent events in Burma, see: http://campaigns.ahrchk.net/burmaprotests/
For links and commentary on the use of thugs in this incident and other recent events, the role of the USDA and counter-complaints against victims of human rights abuses in Burma, see the original appeal in this case: UA-230-2007.
______________________________
SUGGESTED ACTION:
Please write to the concerned persons below calling for a review of the conviction of the nine persons sentenced in this case, and for a full investigation into the original attack. Please note that for the purpose of the letter, 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 ___________,
MYANMAR: Family and friends of assault victim U Than Lwin jailed instead of perpetrator
Names of victims:
1. U Than Lwin, 70, elected member of parliament (National League for Democracy, NLD), resident of Mattaya Township, Mandalay Division
2. U Nyo Kyi, organising committee member, NLD, Mattaya Township (7 years’ jail)
3. U Nyo Lay (5 years’ jail)
4. Ko Kyaw Swa (5 years’ jail)
5. Ko Thaung Naing (5 years’ jail)
6. Ko Zaw Min Lwin, son of U Than Lwin (5 years’ jail)
7. Ma Khin Ma Kyi, older daughter of U Than Lwin (5 years’ jail)
8. Ma Khin Ma Lay, younger daughter of U Than Lwin (5 years’ jail)
9. Ko Nyan Sein, son-in-law of U Than Lwin (5 years’ jail)
10. Ko Nyi Nyi, son of Mattaya Township NLD chairman, U Khin Maung Than (5 years’ jail)
Alleged perpetrators:
1. Unidentified assailant affiliated with Union Solidarity and Development Association (USDA) of Mattaya Township
2. Ko Tin Ko, Chairman, Ward Peace and Development Council, No. 2 Zone, Northeastern Quarter, Central Market, Mattaya
3. Other persons believed associated with the Ward Peace and Development Councils, USDA and Swan-arshin group
4. U Kyaw Min, Secretary, Mattaya Township USDA
Date of incident: 15 June 2007
Place of incident: Road in Mattaya
Cases:
1. Complaint lodged against assailant with Mattaya Township Police, First Information Report (FIR) No. PaRa/401, Penal Code sn. 325 (grievous hurt); Investigating Officer (IO) Zaw Min Min Htwe (Deputy Security Officer); pending
2. Counter-complaint lodged by U Kyaw Min on 26 June 2007 against victims 2-10 under Penal Code sn. 506, 2nd part (victim no. 2), and sn. 506, 2nd part together with 114 (nos. 3-10); heard in Mattaya Township Court from 24 July 2007 to 5 October 2007
I am shocked to hear that nine persons have been sentenced to 5-7 years in jail in a criminal case based on hearsay while another person who hit an elderly man with a knuckle-duster in front of hundreds of people remains at large.
According to the information that I have received, after U Than Lwin was hit in the face with knuckle dusters on 15 June 2007 after going with some 30 persons to pray for the release of political prisoners in Myanmar, some of his children and other onlookers pursued the assailant to the office of the township Union Solidarity and Development Association (USDA). They lodged a complaint with the Mattaya Township Police Station; however, the USDA officials refused to allow the police inside to investigate. Meanwhile, Than Lwin was admitted to the Mandalay General Hospital for an operation in his nose and cheek on June 16.
While there has been no progress in the investigation concerning the person who attacked Than Lwin, on June 26 U Kyaw Min, township USDA secretary, lodged a criminal complaint in the Mattaya Township Court against U Nyo Kyi and eight others. He alleged that Nyo Kyi had threatened to kill the assailant and burn down the USDA office, and had been abetted by the other eight.
Under cross examination during the trial, which opened on July 24, the secretary admitted that he himself had not been a witness to any of the alleged actions and threats but said that he had been told by others, and that he had just opened the case on instructions from his superiors. None of the other so-called witnesses to these actions had gone to the police with any complaint or had reported any such incidents, the court heard. Furthermore, among the seven witnesses for the prosecution, two testified against U Nyo Kyi but said that the other eight accused hadn’t been involved in any way other than by being present at the time.
Despite the fact that the entire prosecution case was based on hearsay, the judge found all of the accused guilty and on October 5 sentenced them from 5 to 7 years in jail. All nine were sent to Mandalay Prison afterwards.
I am appalled that in this case not only could the police be obstructed from performing their duties by the USDA personnel, but that those same officials could launch a spurious and baseless complaint against these eight persons under an exceptional provision of the Penal Code and have them sent to prison for these long periods without due process or reason. This speaks not to a society based on law and order of the sort described by the government of Myanmar, but one where lawlessness is the only order of the day. It is also part of a pattern of non-investigation and persecution of victims and others close to them in Myanmar that is barbaric and unacceptable.
I thus call for the Office of the Attorney General to conduct a full review of the trial and conviction of these persons, and call on the Ministry of Home Affairs to ensure that there be a proper investigation of the original attack followed by prosecution and punishment for the person or persons involved.
Finally, I note with concern that U Than Lwin was himself taken from his house by police and officials led by Police Superintendent Khin Maung Thein and the chairman of the Mattaya Township Peace and Development Council U Khin Maung Soe at around midnight on 1 October 2007, without charge. When asked if he was under arrest the officials reportedly told the family that he was only being taken for questioning; however, he was not brought home later. I therefore urge that he be released from detention immediately, along with all other persons taken without regard to law over the protests of August and September.
Yours sincerely
—
PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. Thein Sein
Acting Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
2. Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 040/ 069/ 072
Fax: +95 67 412 016/ 439
3. U Aye Maung
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106
4. U Aung Toe
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059
5. U Aung Bwa
Director-General, ASEAN-Myanmar
Ministry of Foreign Affairs
Pyinmana
MYANMAR
Tel: +951 229 214; 221 191
Fax: +951 222 950; 221 719
6. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Naypyitaw
MYANMAR
Tel: + 95 1 549 196/ 228/ 209
7. 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
8. Mr. Shariq Bin Raza
Representative
UN Office on Drugs and Crime
11A Malikha Road
Ward 7, Mayangone Township
Yangon
MYANMAR
Tel: +951 666 903/ 660 556/ 660 538/ 660 398/ 664 539
Fax: +951 651 334
E-mail: fo.myanmar@unodc.org, shariq.raza@unodc.org, camila.vega@unodc.org
9. Professor Ibrahim Gambari
Undersecretary General for Political Affairs
United Nations
S-3770A
New York
NY 10017
USA
Tel: +1 212 963 5055/ 0739
Fax: +1 212 963 5065/ 6940 (ATTN: UNDER SECRETARY GENERAL POLITICAL AFFAIRS)
10. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018 (ATTN: SPECIAL RAPPORTEUR MYANMAR)
E-mail: lmeillan@ohchr.org
11. Ms. Hina Jilani
Special Representative of the Secretary General on human rights defenders
C/o Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
12. Chairperson
UN Working Group on Arbitrary Detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ARBITRARY DETENTION)
13. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Tel: +662 288 1496
Fax: +662 288 3009
14. Mr. Ong Keng Yong
Secretary General
ASEAN Secretariat
70A, Jalan Sisingamangaraja
Jakarta 12110
INDONESIA
Tel: +62 21 7262991/ 7243372
Fax: +62 21 7398234/ 7243504
Email: public@aseansec.org; termsak@aseansec.org; amelia.b@aseansec.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrchk.org)
