Dear friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that since our appeal on the case of a child soldier who was jailed in 2005 (AHRC-UAC-016-2008) a number of persons involved in the case have been threatened by local authorities. His aunt, who made the complaint, is under watch, and two people who helped her to make the complaint have had to go into hiding.
UPDATED INFORMATION:
As we mentioned in our appeal, Paing Hpyo Aung, a child soldier, has been kept in prison since he was 15 after he deserted his army unit. He has just turned 18. His relatives only learned about his whereabouts recently, and then wrote a letter to the first secretary of the ruling army junta along with the home affairs minister, attorney general and chief justice, asking for his release.
According to the information that we have now received, since the complaint was made and publicised through the AHRC appeal, shortwave radio and other channels, the local authorities have sought to intimidate the persons involved in the case:
1. Daw Ohn Yee, the aunt of Paing Hpyo Aung who signed the complaint letter (as his parents are dead), is being kept under watch by council officials and local police and is fearful for her safety.
2. Ma Choe and Ko San Tint, two persons who helped Daw Ohn Yee to make the complaint, have gone into hiding. Police, members of a government-organised mass body and local council officials have been coming to their house looking for them. Ma Choes mother has been told by the council officials that she must come back at once.
BACKGROUND INFORMATION:
It is common in Burma for people who complain to themselves be made the target of actions by the authorities, instead of action being taken on their complaints or against the alleged perpetrators. The AHRC has documented many cases that speak to this practice, including:
U Than Lwin and family (UP-138-2007): Three of the family members jailed instead of the perpetrator of an assault on U Than Lwin were released on 2 November 2007. They were: Khin Ma Kyi and Khin Ma Lay, Than Lwins daughters; and Nyan Sein, his son in law. Out of the remaining six persons who were convicted, one, U Nyo Kyi, is still serving seven years. The others had their sentences reduced from five years to one year in jail. Meanwhile, Than Lwin has himself been detained and is in danger of going blind because of a lack of medical treatment: AHRC-OLT-003-2008.
The Hinthada Six: (Hinthada 6 Homepage): A group of farmers jailed after one complained about an assault on both he and his colleague in the delta. All are serving 4-8 years.
Ko Naing Oo (UP-084-2007): Family intimidated after making complaint about murder by local council officials because of petty family conflict. The murder has been covered up.
Daw Khin Win (UP-050-2007): A farmer released on appeal after she had made complaints about corruption among local government officials.
U Tin Nyein (UP-018-2007): Another farmer who was released on appeal after being jailed for complaining about damage caused to his land by incompetent government officials.
See further links to similar cases in those appeals.
See links to reports on child soldiers and related information in the original appeal on this case.
For further general information on Burma see also the 2007 AHRC Human Rights Reportchapter on Burma, the recent special report, “Burma, political psychosis and legal dementia“, and visit the AHRC Burma homepage: http://burma.ahrchk.net.
SUGGESTED ACTION:
Please write to the social welfare minister, home affairs minister, attorney general and other persons to demand that the local authorities cease threatening the persons involved in this case. Please reiterate calls that the boy be released from prison. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma.
Please also note that the AHRC is writing separate letters to the UN Special Rapporteur on Myanmar and UN Special Representative on human rights defenders calling for their interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Harassment of persons who made complaint about imprisoned child soldier
Details of victims: 1. Paing Hpyo Aung, Prisoner No. 6377/C, Thandwe Prison, Rakhine State, born 3 January 1990, son of U Maung Zaw and Daw Myint Kyi; recruited to Light Infantry Battalion 346, stationed at Taunggut, Rakhine State; imprisoned 14 December 2005
2. Daw Ohn Yee, aunt of Paing Hpyo Aung, residing in Kyaukdwinkone New Town, Bago
3. Ma Choe (F), residing in South Dagon Township, Yangon
4. Ko San Tint (M), residing in South Dagon Township, Yangoon
I am very sorry to hear that persons involved in making a complaint about a child soldier being held in prison have themselves been intimidated by local authorities.
According to the information that I have received, Daw Ohn Yee, the aunt of Paing Hpyo Aung who signed a letter requesting his release from Thandwe Prison on grounds that he was taken illegally to serve as a soldier and also tried by a military tribunal when aged 15 (in violation of the 1993 Child Law of Myanmar), is being kept under watch by Ward 5 Peace and Development Council officers and Kyaukdwinkone Township Police in Bago. She is now fearful for her safety.
Meanwhile, another two persons involved in the case have reportedly been forced into hiding. The two, Ma Choe and Ko San Tint, helped Daw Ohn Yee to write her letter to the Secretary 1, Minister of Home Affairs, Attorney General and Chief Justice of Myanmar. South Dagon Township Police, members of the Union Solidarity and Development Association and Ward Peace and Development Council officials have since come to their house searching for them and intimidated other family members.
I urge you to intervene into this case to bring an end to this needless harassment of persons who have made legitimate requests to senior government officials regarding the alleged illegal recruitment and imprisonment of this young boy. I do this recalling not only that the Government of Myanmar has committed itself time and again to the eliminating of child recruitment to the Myanmar Armed Forces, in particular in cooperation with the International Labour Organisation, but also that it has in recent times repeatedly encouraged the making of complaints about the wrongdoing of government officers in Myanmar to various ministries and departments, including the Ministry of Home Affairs, which is responsible for correctional facilities.
I also reiterate calls for the immediate release of Paing Hpyo Aung from imprisonment, suitable compensation to be paid to him and his family, and for an investigation into how he was brought into the armed forces at a young age and subsequently sentenced to jail.
I look forward to your prompt intervention.
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: +95 67 412 439
2. Maj-Gen. Maung Maung Swe
Minister for Social Welfare, Relief and Resettlement
Ministry of Social Welfare, Relief and Resettlement
Office No. 23
Naypyitaw
MYANMAR
Tel: +95 67 404 020-22/ 404 337
Fax: +95 67 404 335
E-mail: social-wel-myan@mptmail.net.mm or social.wel.myan@mptmail.net.mm
3. Lt-Gen. Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
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. 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
6. Mr. Steve Marshall
Liaison Officer (Myanmar)
International Labour Organization (ILO)
4, route des Morillons
CH-1211 Geneva 22
SWITZERLAND
Fax: +41 22 798 8685
E-mail: marshall@ilo.org
7. Mr. Ramesh Shrestha
Country Representative
UNICEF
P.O. Box 1435
Yangon
MYANMAR
Tel: +951 375 527-533 / 375 547-8
Fax: +951 375 552
E-mail: yangon@unicef.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
