Dear friends,
The Asian Human Rights Commission (AHRC) has received detailed information on the case of 13 people who have been imprisoned for supposedly having set up and participated in an illegal organization that was involved in the September 2007 protests against the government in Burma. The group have been convicted even though a like charge against another 22 persons involved in the same activities was withdrawn from the court, and although a number of them in fact had no involvement in the alleged group. Furthermore, the group was never formally established in a manner envisaged in the law under which they were convicted.
CASE DETAILS:
The 13 people accused in this latest case arising from the massive anti-government protests in Burma during 2007 all, according to the police and government prosecutor, formed or participated in an illegal organisation that was formed among former student activists released from jail in 2005. According to the prosecution, the 88 Generation Students failed to apply to the appropriate ministry to get approval to operate the group.
In fact, originally 35 people were charged over this offence and two more after they were apprehended in October 2008. But at the end of October and in November this charge against the other accused was dropped, leaving only the 13 in this case. It is not clear why the charge against the others was withdrawn but not against this 13 because the allegations and evidence in each were the same. (To see some of their photos: Nobel Aye, Ko Ko Gyi, Lay Lay Mon, San San Tin, Thaw Zin Htun, Zaw Htet Ko Ko)
In court, the evidence of organisation activities that the prosecution presented was that the members had participated in religious and cultural events, and had marched on the road after the government suddenly multiplied fuel prices in August 2007. To the first, nothing presented showed anything other than any other people in Burma do, to get together to attend religious ceremonies and other important events. To the second, again there was nothing to constitute an offence under the law under which the group has been charged. Overall, the evidence and testimonies presented by both sides in court confirmed that there was no attempt among the group to establish an organisation with officers, a budget, articles of association, or other features.
Also, a number of the accused weren’t involved in any of the activities described before the court in relation to the alleged organisation at all. The third accused, Chit Ko Lin did not participate in the religious and cultural or other events of the alleged organisation described before the court and only gave water, medicines and other small forms of support to the monks who marched in September 2007. Also, Tharaihpi Theint Theint Htun and Aye Thida (defendants 9 and 10) had merely typed some complaint letters (on corruption and other matters) to the state leadership as a part of their livelihood and for an income, and on an understanding that the state is now encouraging the making of such complaints.
Notwithstanding, the court found all of the accused guilty and sentenced them, together with three charges per person of upsetting public tranquillity, to nine to 11 years imprisonment.
There are grave concerns for the health and wellbeing of these detainees and others like them being kept in prisons in Burma, especially given that for the last few years the International Committee of the Red Cross has been unable to access inmates there.
ADDITIONAL INFORMATION:
The AHRC has been documenting cases of illegal arrest, detention and prosecution since the nationwide protests in Burma during September 2007 and a year after those events its sister organisation issued a special report, “Saffron Revolution imprisoned, law denied” (article 2, vol. 7, no. 3) detailing many of these cases. Since then, it has issued appeals on a number of other cases and made related statements at a time that a very large number of these cases were disposed of through the courts, including blogger Nay Phone Latt (AHRC-UAU-070-2008), monk U Gambira and ten others (AHRC-UAC-248-2008), political activist Daw Win Mya Mya and four others (AHRC-UAC-246-2008), Zaw Min, charged with sending news abroad (AHRC-UAC-223-2008) and the related case of comedian Zarganar (AHRC-UAU-061-2008).
Meanwhile, lawyers representing many of these persons have been prevented from doing their jobs and have themselves been imprisoned, including two who have been jailed for contempt of court, U Aung Thein and U Khin Maung Shein, whose case the AHRC has highlighted in a new campaign page: http://campaigns.ahrchk.net/burma-lawyers/
See also the comprehensive report on Burma: “Burma, political psychosis and legal dementia” issued by the AHRCs sister organisation and the 2008 AHRC Human Rights Report chapter on Burma.
SUGGESTED ACTION:
Please write to the persons listed below to call for the charges against the 13 persons to be reviewed and for them to be released without delay. 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 be informed that the AHRC is writing a separate letter to the UN Special Rapporteurs on Myanmar and independence of judges and lawyers as well as the UN Special Rapporteur on human rights defenders, the UN Working Group on arbitrary detention and the regional human rights office for Southeast Asia, calling for interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Thirteen people wrongly convicted over alleged illegal organization
Accused persons:
1. Ko Ko Gyi (a.k.a. Thein Than Htun)
2. Zaw Htet Ko Ko
3. Chit Ko Lin
4. Thaw Zin Htun (a.k.a. Ko Thaw, Asheikyi)
5. Aung Kyi (a.k.a. Aung Htaik Soe)
6. Myat Than
7. Saw Myo Min Hlaing (a.k.a. James)
8. Nwet Hnin Yi (a.k.a. Noh Noh)
9. Tharahpi Theint Theint Htun
10. Aye Thida
11. San San Tin
12. Lay Lay Mon
13. Hnin May Aung (a.k.a. Nobel Aye)
Primary officials involved:
1. Police Lieutenant Colonel Zaw Min Aung
2. Police Major Hla Myint, Special Branch
3. Police Lieutenant Colonel Than Htun
4. Inspector Soe Naing
5. Inspector Soe Lwin
6. Inspector Kyaw Than (Investigation Officer)
Charge and trial: Charged under sections 6 (defendants 1, 2, 3, 8, 9, 10, 12, 13) and 7 (defendants 4, 5, 6, 7, 11) of the Organization Act No. 6/88 with forming or participating in an illegal organization, and three counts per person under section 505(b) of the Penal Code with upsetting public tranquillity, Felony Case No. 52/2008; Yangon Southern District Court, Judges U Htay Win (Chairman), District Judge and U Win Myint, Deputy District Judge, presiding
I regret to have to inform you of another 13 persons in Myanmar wrongly accused and imprisoned over the turmoil of September 2007 and I am appealing to you for an immediate review of their case and release.
According to what I have learned, the 13 had according to the police and government prosecutor formed or participated in an illegal organisation, the 88 Generation Students, which was formed among former student activists released from jail in 2005. The prosecution alleged that they had not obtained approval from the Ministry of Home Affairs under section 3 of the Organisation Law 6/88 for this group and that the group was engaged in attempting to “instigate, incite, abet or commit acts that may in any way disrupt law and order, peace and tranquility, or safe and secure communications” in violation of the law.
In fact, originally 35 people were charged over this offence and two more after they were apprehended in October 2008. But at the end of October and in November this charge against the other accused was dropped under section 494(a) of the Criminal Procedure Code, leaving only the 13 in this case. It is not clear to me why the charge against the others was withdrawn but not against this 13 because the allegations and evidence in each were the same.
In court, the evidence of organisation activities that the prosecution presented was that the members had participated in religious and cultural events, and had marched on the road after the government suddenly multiplied fuel prices in August 2007. To the first, nothing presented showed anything other than any other people in Burma do, to get together to attend religious ceremonies and other important events. To the second, again there was nothing to constitute an offence under the law under which the group has been charged. Overall, the evidence and testimonies presented by both sides in court confirmed that there was no attempt among the group to establish an organisation with officers, a budget, articles of association, or other features.
Also, a number of the accused weren’t involved in any of the activities described before the court in relation to the alleged organisation at all. The third accused, Chit Ko Lin did not participate in the religious and cultural or other events of the alleged organisation described before the court and only gave water, medicines and other small forms of support to the monks who marched in September 2007. Also, Tharaihpi Theint Theint Htun and Aye Thida (defendants 9 and 10) had merely typed some complaint letters (on corruption and other matters) to the state leadership as a part of their livelihood and for an income, and on an understanding that the state is now encouraging the making of such complaints.
Notwithstanding, the court found all of the accused guilty and sentenced them, together with three charges per person under section 505(b) of the Penal Code to five years plus two years for each of the three counts to 11 years each for defendants 1, 2, 3, 8, 9, 10, 12 and 13 and three years plus two years for each of three counts under section 505(b), totalling nine years for defendants 4, 5, 6, 7 and 11.
In view of the withdrawal of the charges against others involved in the alleged group and other patent flaws in this case, I call for the Minister of Home Affairs and the Attorney General and other concerned officials to review it promptly with a view to seeing the 13 persons released without delay.
Finally, I take this opportunity to remind the Government of Myanmar of the need to allow the International Committee of the Red Cross access to places of detention and not least of all, access to those persons and forcibly disrobed monks and nuns who have been held in violation of criminal procedure and without charge or trial since September 2007.
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. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
