[Re: UA-101-2005: BURMA/MALAYSIA: Sixty eight Burmese protesters holding a peaceful demonstration are arbitrarily detained by the police]
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the situation of 68 Burmese protesters who were detained on 16 June 2005 after a peaceful demonstration opposite the Myanmar Embassy in Kuala Lumpur (See further: UA-101-2005).
Four of those detained, who are asylum seekers in possession of temporary protection letters by the United Nations High Commission for Refuges (UNHCR), were charged under the Immigration Act. 62 others were charged for illegal assembly, failure to obey orders by the police, and for offences under the Immigration Act. Two other refugees, both aged 17, were brought to the Kuala Lumpur juvenile court to hear similar charges. If convicted, these refugees face imprisonment between less then one year and five years, fines between RM2,000 and RM10,000, and caning with up to six strokes of the rattan.
The AHRC urges you to intervene into this violation of the right to assembly and the right to asylum by demanding the immediate release of all 68 refugees.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:
Victims: 64 Burmese protesters, two of whom are minors, and four other Burmese refugees
Perpetrators: Police force led by Mr. Mohd Asri Mohd Yunus, chief of the Pudu Police Station; Magistrate Nazran Mohd Sham.
Date of first court hearing: 29 June 2005
Place of Detention: Sungai Buloh prison, the minors are held at Kajang prison.
Case Status: 66 of the protesters were charged before the magistrates court of Kualar Lumpur with various offences under the Immigration Act and for illegal assembly. Two of the protesters were brought to the Kuala Lumpur juvenile court to hear similar charges. All of them are to be heard on July 26. The UNHCR has been granted access to the detainees.
Case Details:
Out of the 68 protesters, 62 were brought before the magistrates court of Kuala Lumpur and charged with illegal assembly and failure to obey a dispersal order by the police. Under Section 27 (5) of the Police Act, an illegal gathering is, upon conviction, punishable with a fine of between RM2,000 to RM10,000 and imprisonment of not more than a year. Section 27 (4) of the same Act, meanwhile, provides for a maximum fine of RM10,000 and/or three months jail. They were also charged under Section 6 (1) (c) of the Immigration Act for entering and staying in the country without valid documents, an offence that is punished with imprisonment up to five years and/or fined up to RM10,000. They can also be caned with up to six strokes of the ratan upon conviction.
Two of the protesters, aged 17, were brought before the Kuala Lumpur juvenile court to hear similar charges of illegal assembly, failure to disperse, and not possessing valid documents.
Four other Burmese refugees, all of whom possess letters granting them temporary protection by the UNHCR, were charged under the Immigration Act as well. They had been arrested on June 16 after visiting the detained protesters at the Pudu police station. One of them, a woman, possesses a Burmese passport and was charged under Section 15 of the Act for staying beyond the expiry of her visa. The offense carries a maximum punishment of five years imprisonment and/or a minimum fine of RM10,000. The other three, who are without passports, were charged under Section 6 (1) (c) of the Act, facing the same punishments as the abovementioned 62 protesters charged under the same Section.
The hearings for all these cases were fixed for July 26 to allow the court to acquire the services of a translator from the UNHCR.
All of the 68 Burmese, with the exception of the two minors, will be transferred from their current lock-up at the Pudu police station to the Sungai Buloh prison. The minors will be held at Kajang prison.
The majority of the 68 detainees belong to the ethnic Chin, and they are registered with the Chin Refugee Center. 38 of the detainees are registered with the UNHCR as well. The following is a list of names and registration codes of the victims. MLS stands for Malaysia, London, Singapore, and is a registration code of the UNHCR. CRC stands for Chin Refuge Center.
1. That Zin; 05/MLS/00986
2. Stephen; 04/MLS/05606
3. Pasian Muang; 03/MYA/2214
4. Thang Lam Tua; 03/MLS/13782
5. J P Mah Chei; 05/MLS/03073
6. Thang Ngain Cin; 05/CRS/08195
7. Zam Suan Piang; 05/CRS/09032
8. Suan Khan Kup; 03/MCS/02979
9. J K Lian Thang; 03/MCS/06866
10. N M Ah Yong; 05/MLS/03645
11. Pau Kap Thang; 05/MCS/05821
12. Thang Tul Puu; 05/CRC/08162
13. Nang Lam Cin; 05/MLS/05310
14. Tuang Suan Mung; 05/CRS/05638
15. Lian Suanthang; 05/CRC/05923
16. Ma Tin Khine (female); 05/MLS/04188
17. Maung Wanan; 05/MLS/04188
18. Davi; 04/MLS/06754
19. Thang Lam Lian; 05/CRC/08642
20. Ja Tu; 03/MLS/10871
21. Kyaw Soe Lin; 03/MLS/10334
22. Sai Wan; 05/MLS/06417
23. Cin Za Tuang; 05/CRS/00637
24. Dal Suan Pian; 05/CRC/08051
25. Hau Sian Tuang; 05/CRC/08544
26. Zam Khaw Khai; 05/CRC/06278
27. Suan Siang Mung; 05/CRC/07206
28. Tuang Khan Lian; 05/CRC/08255
29. Peter Khen; 04/CRC/01859
30. Thang Khawn Pau; 03/MCS/10589
31. Tha Lian; 05/MLS/00646
32. Kyaw Naing Win; 03/MLS/06146
33. Thomas Suan Khan Kap; 05/MLS/04258
34. Lian Thawn Than; 03928
35. Mr Tang Mun Kham; 04/MLS/04613
36. Pau En Kim; 03/MLS/06868
37. Nang He Bay Bam; 03/MLS/14185
38. Nang Sian Lal; 05/CRC/09799
39. Cin Za Sawn; 05/MLS/00657
40. Thang Min Khai; 04/MLS/07834
41. Lin Plen Thang; 03/MLS/12096
42. Aung Aung; 03/MLS/07378
43. Suan Siam Cin; 0044
44. Ye Soe Nylin; 03/MLS/08935
45. Yan Naing; 03/MLS/10373
46. Maung Aung; 03/MLS/01141
47. Maung Naw La; 03/MLS/14195
48. Josep; 03/MLS/12793
49. Nang Khan Zam; 03/MLS/137890
50. Eric; KL 5559
51. Zaw San; 05/MLS/01423
52. Mg Win Kyaw
53. Thant Syn
54. Mg Nge
55. Win Oo
The charged laid against these protesters are in violation of their right to freedom of assembly enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The AHRC therefore urges the Malaysian authorities to immediately drop these charges and release the 68 Burmese protesters.
SUGGESTED ACTION:
Please send your appeals to the relevant authorities listed below and urge them to release arrested Burmese immediately.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
Re: BURMA/MALAYSIA: Prosecution of sixty eight Burmese protestors holding a peaceful demonstration violates right to free assembly
Victims: 64 Burmese protesters, two of whom are minors, and four other Burmese refugees
Perpetrators: Police force led by Mr. Mohd Asri Mohd Yunus, chief of the Pudu Police Station; Magistrate Nazran Mohd Sham.
Date of first court hearing: 29 June 2005
Place of Detention: Sungai Buloh prison, the minors are held at Kajang prison.
I am deeply concerned about the 68 Burmese refugees who were detained on 16 June 2005 after peacefully protesting opposite the Myanmar Embassy in Kualar Lumpur.
It has come to my attention that 66 of them were brought before the magistrates court of Kuala Lumpur, while two of them, who are minors aged 17, were brought before the Kuala Lumpur juvenile court. I am aware that 62 of the protesters have been charged with illegal assembly and failure to obey a dispersal order by the police under the Police Act 1967. They have also been charged under Section 6 (1) (c) of the Immigration Act for entering and staying in the country without valid documents. They are being held at Sungai Buloh prison.
Two of the protesters, who are minors ages 17, have been charged with similar charges of illegal assembly, failure to disperse, and not possessing valid documents. They are detained at Kajang prison.
Four other Burmese women, who had not been part of the demonstration but had been arrested on June 16 upon visiting the protesters in detention have also been charged under Section 6 (1) (c) of the Immigration Act as well, and are held at Sungai Buloh prison as well.
All cases will be heard on July 26, in order to give the court time to acquire the services of a translator from the UNHCR.
I am very disappointed by the way the freedom of assembly of these protesters has been violated through their trial. It is a clear violation of the rights enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). I therefore urge you to take genuine action to release those arrested immediately. I further urge the Government of Malaysia to ratify the ICCPR and implement it into domestic level as soon as possible
Yours truly,
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SEND A LETTER TO:
1. Mr. Abdullah Ahmad Badawi
Prime Minister of Malaysia
Prime Minister's Office
Federal Government Administration Center
Bangunan Perdana Putra
62502 Putrajaya
MALAYSIA
Tel: +603 8888 8000
Fax: +603 8888 3444
2. Mr. Mohd Bakri Omar
Inspector General of Police
Ibu Pejabat Polis Diraja Malaysia
Bukit Aman
52012 Kuala Lumpur
MALAYSIA
Tel: +603 2262 6001
Fax: +603 2273 3536
3. ACP Mohamad Noor Masdar
Police Chief of Cheras Distirct
Royal Malaysian Police
56100 Kuala Lumpur
MALAYSIA
Tel: +603 9284 2222/3403/5398
Fax: +603 9287 9479
4. Mr. Mohd Jamal Bin Kamdi
Director General
Headquarters of Department of Immigartion, Malaysia
Level 1-7 (Podium), Block 2G4, Precint 2,
Federal Government Administration Centre
62550 Putrajaya, Federal Territory
MALAYSIA
Tel: +603 8880 1000
Fax: 603 8881 2000
5. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Ms. Audrey Ryan
Room 3-090
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018
E-mail: aryan@ohchr.org
6. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
7. Special Rapporteur on the human rights of migrants
Ms. Gabriela Rodríguez Pizarro
Att: Ms. Veronica Birga
Room: 3-040
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9336
Fax: +41 22 917 9006
E-mail: vbirga@ohchr.org or urgent-action@ohchr.org (please include in the subject box: Special Rapporteur HR Migrants)
8. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Mr. Ambeyi Ligabo
Att: Ms. Julie De Riviero
Room: 3-042
C/o OHCHR-UNOG 1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (general)
jderiviero@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
