Dear friends,
The Asian Human Rights Commission (AHRC) has been documenting cases of illegal arrest, detention and prosecution since the nationwide protests in Burma last September. In this appeal we give the details of the case of one woman who was abducted and held at a special military camp and later released but again rearrested and charged. After she was given bail set at a higher amount than the legal maximum, the judge retracted the bail and she has been held in prison since. Your strong support is needed to see her released.
ILLEGAL DETENTION & FABRICATING OF CASE
A group of men in plain clothes, apparently members of a government gang and a government-organised mass group, allegedly stopped Khin Sanda Win, a 23-year-old university student, in Rangoon on the morning of 29 September 2007 during the military-led crackdown on protestors. They searched her and although she only had her ID cards, a small amount of money and some personal items, they tied her hands behind her back and took her to the town hall.
At the town hall, she was put together with ten men who were unknown to her and then they were each photographed with various weapons, including knives, slingshots and pellets. Then they were allegedly forced to sign confessions that the weapons had been found in their bags. When Khin Sanda Win refused to sign, one of the men in plain clothes hit her on the head with a bamboo rod.
That night, Khin Sanda Win was sent to a special interrogation centre and she was kept there without charge, warrant or otherwise until October 7.
On October 7, she was transferred to the central prison and held there, again without charge, warrant or any other legal order until October 25.
On October 25, Khin Sanda Win was sent to a local council office where in the presence of the council chairman and her parents she was told to sign a pledge that she would not take part in any anti-state activities, after which she was released.
REARREST, CHARGE & DETENTION
Although it seemed like Khin Sanda Win’s ordeal was over, it was not. On November 1 two police officers came to her house and informed her that she would be charged with having illegal arms, although the “arms” they claimed to have found were a slingshot and some pellets, which do not violate the law.
But when Khin Sanda Win went to court the next day, the charge that the court put against her was not as the police had indicated but instead acting “to endanger human life or the personal safety of others”. A police officer who testified at the trial admitted under cross-examination that the charge had been changed.
This is a charge for which the accused can get bail. But when her lawyer applied, the judge set bail at five million kyat (USD 4000) from two separate bailors. In fact, this amount is far more than the amount that they judge could legally set, which is three million kyat (USD 2400) from a single bailor.
Then, on November 12 the judge, without any request from the police, unilaterally revoked the bail on the absurd grounds of Khin Sanda Win being a threat to security forces personnel because the charge against her relates to the “disturbances” of September.
Quite apart from the fact that a female university student is in no position to threaten police and army officials, Khin Sanda Win suffers from migraines caused by twice being in vehicle accidents, and has had to obtain medical treatment for her condition. This also should in itself have been a sufficient reason for her to have bail.
Khin Sanda Win’s lawyer unsuccessfully appealed at the subdivisional and divisional courts to have her released on bail. On February 5 it will go to the Supreme Court. Meanwhile, she has been held in the central prison up to the present day, reportedly in solitary confinement.
ADDITIONAL INFORMATION:
The AHRC followed and documented the protests in Burma of August and September 2007 very closely and set up a webpage with links to statements, appeals and media on the historic events: http://campaigns.ahrchk.net/burmaprotests/
Since then, it has issued a number of appeals on cases arising from the protests, including: UP-140-2007; UP-136-2007; and, UP-132-2007. It has obtained details on numerous other cases and will issue further appeals and updates in the coming days.
In December the AHRC’s sister organisation issued a comprehensive report on Burma: “Burma, political psychosis and legal dementia“. The report contains a lengthy section on the protests.
For further general information on Burma see also the 2007 AHRC Human Rights Reportchapter on Burma, and visit the AHRC Burma homepage: http://burma.ahrchk.net.
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SUGGESTED ACTION:
Please write to the persons listed below to call for Khin Sanda Win to be released from prison without delay and for a thorough review of the case against her. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Rangoon, Yangon.?
Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteurs on Myanmar, independence of judges and lawyers, and on violence against women, as well as the UN Working Group on arbitrary detention, calling for intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Young woman illegally detained awaiting trial in fabricated case
Details of victim: Khin Sanda Win, 23, 2nd year philosophy major, Yangon Eastern University
Date and place of incident: Taken into custody on 29 September 2007, outside the Pansodan Department Store, Kyauktada Township, Yangon; sent to Yangon Town Hall
Alleged perpetrators: Persons in civilian clothes, apparently Swan-arshin and Union Solidarity and Development Association members attached to the Yangon Town Hall
Held at: Kyaikkasan Interrogation Camp, 29 September ?7 October 2007; Insein Prison, 7 ?25 October 2007, and 12 November 2007 ?present
Charge and trial: Rearrested by Kyauktada Township Police Station personnel on 1 November 2007; charges lodged by the Kyauktada station chief, Police Superintendent Soe Naing, Police No. La/147569; initially charged under section 19(e) of the Arms Act, changed to section 336/511 of the Penal Code on 2 November 2007; Kyauktada Township Court Felony No. 525/2007 (Assistant Judge U Thaung Lwin [First Class] presiding), Western Yangon District Court Revision of Criminal Case No. 323/2007 (Deputy Judge U Kyaw Swe presiding), Yangon Divisional Court Criminal Case No. 1024/2007
I am writing to express my concern at the case of Khin Sanda Win, a 21-year-old university student who is being tried for endangering human life, in connection with the protests in Myanmar of last September 2007.
According to Khin Sanda Win, a group of men in plain clothes stopped her and searched her bag at 10am on 29 September 2007. Although they did not find anything, they allegedly tied her hands behind her back and took her to the Yangon Town Hall, where they put her together with ten unknown men and photographed each along with various weapons, including knives, slingshots and pellets. Then they were allegedly forced to sign confessions that the weapons had been found in their bags. When Khin Sanda Win refused to sign, one of the men in plain clothes allegedly hit her on the head with a bamboo rod.
Khin Sanda Win was sent that night to the Kyaikkasan Interrogation Camp and she was kept there without charge, warrant or otherwise until October 7 when she was transferred to Insein Prison and held there, again without charge, warrant or any other legal orders until October 25. On that day she was sent to the Hlaing Township Peace and Development Council office where in the presence of the council chairman and her parents she was told to sign a pledge that she would not take part in any anti-state activities, after which she was released.
However, on November 1 two police officers from Kyauktada Township Police Station came to her house and informed her that she would be charged with having illegal arms in her possession as per section 19(e) of the Arms Act, although the “arms” they claimed to have found were a slingshot and some pellets, which are not listed under the act.
Instead, when Khin Sanda Win went to court the next day, the charge put against her was acting “to endanger human life or the personal safety of others” under section 336/511 of the Penal Code. A police officer who testified at the trial admitted under cross-examination that the charge had been changed because a slingshot is not an offensive weapon under the Arms Act.
Section 336 is a bailable offence, but Asst. Judge U Thaung Lwin set bail at five million kyat (USD 4000) from two separate bailors. In fact, this amount is far more than the amount that a township judge can legally set in a felony, which is three million kyat (USD 2400) from a single bailor.
Then, on November 12 the judge, without any recommendation or urging from the police, unilaterally revoked the bail on the grounds that Khin Sanda Win is a threat to security forces personnel because the charge against her relates to the “disturbances” of September. Her lawyer has so far applied unsuccessfully for a review of the decision at the Western Yangon District Court and Yangon Divisional Court. Meanwhile, his client has been held in Insein Prison, reportedly in solitary confinement.
The following are just a few of the glaring violations of criminal law, criminal procedure and human rights in this case:
1. The persons who took Khin Sanda Win into custody did not indicate at any time that they were state officials and there were no grounds for arrest by a private citizen as provided by section 59 of the Criminal Procedure Code (CrPC).
2. The persons searched her in violation of section 52 of the CrPC that the search of a woman should be conducted by another woman, and also tied her hands in violation of section 50 that no more restraint than necessary should be applied to prevent escape.
3. While in custody at the town hall, Khin Sanda Win was allegedly coerced to sign a fake confession and was assaulted.
4. Khin Sanda Win was first held without charge for total of 26 days, in violation of CrPC sections 167-9, which limit detention without charge to 24 hours, and she was denied access to a lawyer and her family. In order to be released she had to sign a document which has no legal authority.
5. Assistant Judge U Thaung Lwin exceeded the maximum amount at which he could set bail in the first instance and then without justification withdrew the bail order altogether.
6. Khin Sanda Win has reportedly been held in solitary confinement since she was taken back into custody on November 12, for which there can be no justification.
In view of these and other acts and omissions I call for immediate action on this case. I urge that Khin Sanda Win, a young, female university student who suffers from migraines as a result of being in vehicle accidents (and for which she has been treated in hospital) be given the utmost consideration and be released from imprisonment without further ado. I also call for a thorough review of the circumstances under which she was investigated and brought before the court, in accordance with the Judiciary Law 2000 and Attorney General Law 2001 in order that the apparently fabricated case against her is dropped and action might be taken against the alleged perpetrators of these abuses.
The Government of Myanmar is well aware of the extent of adverse attention that it has received internationally as a result of its handling of the protests of 2007. It should also be aware that it does itself no service by continuing to prosecute and pursue innocent persons like Khin Sanda Win, but should on the other hand demonstrate a commitment to a peaceful and lawful society of the sort it asserts that it wishes to establish by seeing that she and all other such persons are released without delay and not subjected to further harassment.
Yours sincerely
—
PLEASE SEND YOUR LETTERS TO:
1. Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208
2. Lt-Gen. Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
3. 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
4. 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
5. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208
6. 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
7. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
