Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Yoma-3 news service, Thailand that a young man and his brother were jailed in Burma after attempting to complain about a police assault because of a pro-democracy tattoo one of the men bears. According to the information, one of the men is still being held at the central Insein Prison.
Please write to the attorney general of Burma to protest against the unlawful arrest and detention of the two men, demand the immediate release of the one still in prison, and action to be taken against the perpetrators.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Victims:
1. Ko Zaw Win, 27, residing in Ward No. 18, Hlaingthayar Township, Rangoon; carpenter, member of National League for Democracy
2. Ko Min Zaw Oo, 35 (older brother of Ko Zaw Win)
Alleged Perpetrators:
Police Officer Ko Myint Oo and another police officer and superiors of the Hlaingthayar police, Hlaingthayar Township, Rangoon
According to the information received by the AHRC, on 29 April 2005, Ko Zaw Win and his older brother Ko Min Zaw Oo had stopped at a restaurant after work to buy some pork soup. Ko Zaw Win was not wearing a shirt, and on his back a tattoo stating that “Only with democracy will there be complete freedom” could be seen, as well as another with “NLD” (National League for Democracy) on his arm.
The restaurant where the two men stopped is also known to sell alcohol illegally. Two police officers at the premises, reportedly drunk, saw the tattoos and handcuffed Ko Zaw Win. Then they allegedly began beating him up in public view and swearing at him with filthy language. When Ko Min Zaw Oo tried to stop the officers he was also taken into custody. After that they took them by foot to a police station about one mile away, during which time they continued to beat, kick and abuse the men.
Ko Min Zaw Oo was released at the Hlaingthayar police station, while Ko Zaw Win was held there for one day, after which time he was released with the assistance of the ward chairperson.
Upon his release on April 30, Ko Zaw Win expressed intentions to press charges against the police officers that beat him up, and lodged a complaint with the authorities. The Hlaingthayar police station made an appointment for him on May 1 ostensibly to hear and examine the complaint. Ko Zaw Win and his brother went to the police station at 8am that morning.
According to a relative, “They left for the 8am appointment at lower Hlaingthayar police station. They didn’t come back for the whole day. We didn’t hear anything about them. At around 8pm we went to ask and were told that they had been charged under [article] 41.”
On May 3, the two men were transferred to Insein Prison on charges of being drunk and disorderly. On Friday, May 6, a preliminary investigation was conducted. The police called a fireman and a person from the restaurant where the incident occurred as witnesses. The two brothers called a witness who had seen the incident. The police denied that they beat the two men.
After the hearing, the officials prepared one-year good behaviour bonds for the two men and sent them back to the Hlaingthayar police station, where they were held until Sunday, May 8. At that time the police released Ko Zaw Win but inexplicably sent his brother Ko Min Zaw Oo back to Insein Prison.
After visiting his brother, on Friday, May 13 Ko Zaw Win alleged that Ko Min Zaw Oo has been kicked and beaten while in the prison and that his entire face is now swollen. He is also reported to be suffering from jaundice and fever, and in worsening health.
Ko Win Zaw and his relatives have expressed anger over the continued abuse of Ko Min Zaw Oo and wish to press charges against the perpetrator officers, but have difficulty in getting the necessary funds to hire a lawyer.
ADDITIONAL COMMENTS:
This case again speaks to the ‘un-rule of law’ in Burma and its effect on the day-to-day lives of citizens. During the last year, the AHRC has released a number of appeals on similar arrests and flawed judicial procedures. (See for instance: UA-21-2004, UA-40-2004, UA-111-2004, UA-112-2004, UA-175-2004 & UA-31-2005.) In particular, the AHRC has pointed to the tendency in the country to turn the victims of abuses into defendants by charging them under one or another of a range of onerous provisions and laws designed to curb civil liberties. This is particularly likely to happen in cases where victims attempt to complain or seek redress, as in this instance. (See further: AS-38-2004)
SUGGESTED ACTION:
Please write to the attorney general to call for the release from detention of Ko Min Zaw Oo, that their complaint against the two police officers is properly examined, and the allegations of torture in prison are examined thoroughly. A suggested letter follows. Please note that for the purposes of this letter, the country should be referred to as Myanmar, rather than Burma, and the capital Yangon rather than Rangoon.
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Dear Dr Tun Shin
Re: Case of Ko Zaw Win and Ko Min Zaw Oo in Hlaingthayar Township Court, Yangon
I am deeply concerned by the information that I have received indicating that a young man and his brother have been taken into detention after attempting to complain about a police assault.
According to the information, Ko Zaw Win, 27, residing in Ward No. 18, Hlaingthayar Township, Yangon, a carpenter by profession, and his brother Ko Min Zaw Oo, 35, were assaulted on 29 April 2005 by Police Officer Ko Myint Oo and another officer of the Hlaingthayar police. The incident occurred at a restaurant where the brothers had gone to purchase some food after work. The police, who were allegedly drunk at the time, saw pro-democracy tattoos on Ko Zaw Win. They are reported to have handcuffed and begun beating him. They also swore at him with filthy language. When his brother tried to intervene, he also was taken into custody. The two men were marched to a police station about one mile distant, during which time the police continued to beat, kick and abuse them. At the station, Ko Min Zaw Oo was released, while Ko Zaw Win was held there for one day, after which time he was released with the assistance of the ward chairperson.
Upon his release on April 30, Ko Zaw Win expressed intentions to press charges against the police officers that beat him up, and lodged a complaint with the authorities. The Hlaingthayar police station made an appointment for him on May 1 ostensibly to hear and examine the complaint. Ko Zaw Win and his brother went to the police station at 8am that morning. However, rather than examining the complaint, the police are reported to have taken the men into custody under charges of being drunk and disorderly.
On May 3, the two men were reportedly transferred to Insein Prison on charges of being drunk and disorderly, and on Friday, May 6, a preliminary investigation was conducted, during which the police denied beating the men. After the hearing, one-year good behaviour bonds were prepared for the two men, after which they were sent back to the Hlaingthayar police station, where they were held until Sunday, May 8. At that time the police released Ko Zaw Win but according to the information inexplicably sent his brother Ko Min Zaw Oo back to Insein Prison.
After visiting his brother, on Friday, May 13 Ko Zaw Win alleged that Ko Min Zaw Oo has been kicked and beaten while in the prison and that his entire face is now swollen. He is also reported to be suffering from jaundice and fever, and in worsening health.
Regrettably, this is one of many cases reported that speak to the lack of respect for fundamental principles to uphold the rule of law in Myanmar. It is frequently reported that persons who attempt to lodge complaints on basic abuses of civil rights are treated as criminals rather than complainants. In this case, the two men had their right to have their complaints against the police properly heard and examined; however, they were illegally and unjustly imprisoned.
Accordingly, I urge that you secure the release from imprisonment of Ko Min Zaw Oo without delay, and ensure that the complaint of he and his brother be heard and processed properly. Additionally, the allegations of beating in the prison should be examined thoroughly and with a view to holding any perpetrators fully accountable. In this respect I would point out that in the absence of any independent body for receiving and investigating complaints against the police and other state officials in Myanmar, it is extremely difficult for complainants in cases such as this to obtain a fair hearing. I trust that you will give due consideration to the need for reforms accordingly.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
Dr Tun Shin
Director General
Office of the Attorney General
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Fax: + 95 1 371 028 / 282 990 / 282 449
PLEASE SEND COPIES TO:
1. Lt General Soe Win
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
2. Maj-Gen Maung Oo
Chairman
Myanmar Human Rights Committee
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 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.: +95 1 662 613 / 664 524
Fax: (+951) 650 117
4. Mr. Paulo Sergio Pineheiro
Special Rapporteur on Myanmar
Attn: Ms. Hulan Tsedev
Room 3-090
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018
E-mail: htsedev.hchr@unog.ch
5. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
Thank you
Urgent Appeal Program
Asian Human Rights Commission
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