Thank you for your message to the Asian Human Rights Commission (AHRC) of 13 July 2006 in reply to our open letter to the UN Office on Drugs and Crime (UNODC) in Myanmar, ‘Violent crime by state officers causing lawlessness’ (AHRC-OL-030-2006).
You argue that persons who violate a country’s laws should face sanctions. In fact, this is the essence of our letter to the UNODC.
Where legitimate complaints of illegal actions are made by citizens against state officers, it is to investigate these, and where necessary, commence prosecutions. It is to put in place proper institutions to receive and investigate such complaints, so that the work will be credible and the public will have confidence in its outcomes. International organisations like the UNODC may be able to assist with money and training.
Unfortunately, at this time in Myanmar no such institutions exist for credible investigations of state officers. Therefore, criminality is rampant among the police and other government officials. The growth in violent crime among state officers also is alarming. Most victims are poor people accused of ordinary criminal offences. Most often, the police or other state officers concerned completely discard criminal procedure or any notion of investigation methods.
Until such a time as effective institutions exist for the receipt and investigation of complaints from these victims, it can be expected that this trend will continue, and sadly, the suffering of people in Myanmar can be expected to increase. Our suggestion that the UNODC review its understanding of violent crime in Myanmar was made in order that it may improve its work in your country for the sake of these persons.
The Asian Human Rights Commission will continue to monitor, document and report on cases where reliable information exists of serious abuses committed by state officers in Myanmar. We do so out of concern for the lives and security of people throughout Myanmar who are subject to arbitrary threats, violence and extortion by police, soldiers, municipal officers, local government officials and others there. And we do so because we feel a special obligation to people in Myanmar, who remain without any domestic avenues to make genuine complaints, see the perpetrators punished and obtain redress.
Yours sincerely
Basil Fernando
Executive Director
Asian Human Rights Commission, Hong Kong
MESSAGE FROM THE CONSUL GENERAL
13 July 2006
Basil Fernando
Executive Director
Asian Human Rights Commission, Hong Kong
Dear Basil Fernando,
We (Consulate General of the Union of Myanmar in Hong Kong) have read your open letter ‘Violent crime by state officers causing lawlessness’ addressing to the Mr. Shariq Bin Raza, Representative of UN Office on Drugs and Crime in Myanmar, accidentally.
We would like to inform you that the accusations you described in the letter were groundless and exaggerated. It was mainly based on information obtained from anti-government elements or neo-colonialists who just want to create unrest in our country for the sake of outside intervention. Our government’s position and policy toward law and order situation is very clear and well known.
Due to the lawlessness and anarchy situation that occurred in 1988, the Tatmadaw (Armed Forces) Government had to take State Power to prevent the country from disintegration. After resuming state responsibility, the government was a great success in restoration of law and order throughout the nation. Even those who were totally disagreed with the government’s policy have recognized our achievement of the restoration of peace and stability not only in the urban areas but also in remote and border regions.
Our people including political parties are permitted to carry on their activities within the bounds of law. In any country, legal action will be taken against those who violate respective law and regulations. You can not claim the law breakers as victims of Human Rights violation.
Therefore, it is unfair to make accusations against our government for violating Human Rights without making in depth analysis of the true situation. In Myanmar, there is also no brutal punishment and sentence given to prisoners.
As a responsible Commission for Asian Human Rights situation, you should not ignore the victims of Human rights violation in some Asian countries. The rights of people in some developing and small countries were violated by outside power because of the misleading policy of their leaders. Particularly, you should not miss tragic event of Haditha Killings in Iraq and recent report about the U.S. soldier accused of raping an Iraqi woman and shooting her and three family members. There are also many reports of ill treatment of foreign detainees who are suspected of involvement in terrorist activities and illegal military tribunals set up by U.S. which totally disregard international conventions.
Before conclusion, we want to reiterate that our government has never encouraged and committed such lawlessness actions. Our law enforcement forces are well organized and well disciplined. Your accusations against us are untrue and fabricated. Therefore, we absolutely reject your accusations and Mr. Raza’s realistic reports are reasonable and quite optimistic.
Yours sincerely,
Chan Kyaw Aung
Consulate General of the Union of Myanmar, Hong Kong
