Dear friends,
The Asian Human Rights Commission is shocked to hear that police shot a 57-year-old woman farmer to death during a peaceful protest over fencing on land taken from the farmers for a mining project. She was looking after her confiscated land on the day she was killed and she hadn’t accept-ed compensation for the lands. Her family members opened an inquest case which was accepted. After autopsy, they lodged cases against the perpetrators; however, the police said they need higher authorities’ permission to open a case.
CASE NARRATIVE:
On 22 December 2014, Daw Khin Win, 57, was shot to death by the police under command of army officers who were cracking down on a public protest by local people at the site of the Letpadaung copper mine pro-ject. Workers for the companies— China’s Wanbao and the Burmese military-owned Union of Myanmar Economic Holding Ltd (UMEHL)—were fencing disputed land. On the day the incident happened, Daw Khin Win went to look after her 7 acres of fields which were confiscated. Several others who were with her were also injured.
Around 10 a.m. that day, three groups of the companies’ workers started fencing around Saete village in the west, east and northwest. The villagers tried to protect their lands as they refused compensation, so they peacefully protested against the confiscation in those three areas. However, their lands and crops were destroyed by bulldozer. During the confrontation between police and villagers, police fired at the villagers using live bullets. One of the villagers, Daw Khin Win, was shot to death and her body was taken to Salingyi Township Hospital. Others who were injured were afraid to go to hospital because they thought they would be arrested. More police were stationed to protect the fencing workers, and the farmers couldn’t do anything at all. Finally, the farmers went back to their villages around 4 p.m.
The family members of Daw Khin Win opened an inquest case in the Salingyi Township Police Station on December 23. The post mortem examination was held in Salingyi hospital two days after her death. According to the doctor who did the examination, Daw Khin Win lost some part of her brain and skull. The cause of death was a gunshot wound; however, he did not mention any information that might identify the kind of gun used or how far from the victim it was fired.
The Salingyi Police Station Commander promised to open a case after an autopsy, however, on 3 January 2015, he didn’t accept the request of the victim’s sister who tried to lodged a case against the perpetrators. He took the case file but did not open a case, by saying that he needs higher authorities’ permission.
Also on December 23, around 6 a.m., as the villagers continued to protest and stopped the fencing through the west and north parts of Saete village, the police shot fired again, this time with rubber bullets that injured two people. The company continued extension of fencing until evening with the help of 100 police.
According to the Saete villagers, after the conflict with police, the villagers were afraid to live in their own houses so they moved to their relatives’ places. Moreover, the local authorities have allegedly threatened to burn down the village.
ADDITIONAL INFORMATION:
The AHRC has already issued many statements and appeals on the Letpadaung copper mining operation in Sagaing Region, and forcible taking of villagers’ land without regard to their wishes. The copper mine is a joint operation between China’s Wanbao company and the UMEHL which has caused many problems be-tween local people and police. The companies forcibly took the land even though people didn’t accept com-pensation. Moreover, local people lost not only their lands but also their livelihoods in the region because of the project. See previously:(AHRC_STM-108-2013), (AHRC-PRL-007-2013), (AHRC-STM-246-2012), (AHRC-PRL-044-2012).
After a brutal police crackdown on protesters in November 2012, a commission was formed to investigate the project. As soon as the report was submitted, the president formed an investigation commission report implementation committee. However, a member of parliament said the companies and the committee didn’t follow the report. The AHRC also criticised the contents of the report: AHRC-STM-073-2013.
For more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage: http://www.humanrights.asia/countries/burma.
REQUESTED ACTION:
Please write a letter to the following government authorities to urge them to investigate the case and prosecute the perpetrators. Please note that for the purpose of the letter, Burma is referred to by its official name, Myanmar.
Please also be informed that the AHRC is writing separate letters to the Special Rapporteurs on human rights in Myanmar and the regional office of the OHCHR in Bangkok, calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………,
BURMA/MYANMAR: Police shot and killed a farmer during peaceful protest
Name of victims: Killed: Daw Khin Win, 57, Resident of Mogyopyin village, Sagaing Region
Hit by gunfire:
1. U Hmine,
2. Aung Naing Win,
3. Ma San Thein,
4. Kyaw Myint Thein,
5. Kyaw Naing Tun,
6. Ma Than Nwe,
7. Ma Win Hlaing,
8. U Pho Ni
Others injured:
1. So Naing Win,
2. Ma Win Hlain
Names of Alleged Perpetrators:
Colonel Myo Wanna, Commanding Officer (army), on secondment as Police Captain (Myanmar Police Force), Serial No. Kyee/31835
Colonel Maung Maung Khine (army), on secondment to Police Battalion 3, based in Mandalay
Thura Twin Ko Ko (army), on secondment as Deputy Police Regiment Commander
Township Administrative Officer U Kyaw Thaung
Police Battalion 28, based in Monywa-Yinmarbin
Sagaing Regional Police Commander U Nay Tun
Colonel Kyi Naing, Sagaing Region’s Minister for Border Affairs and Security
U Hla Sein, Union of Myanmar Economic Holding Ltd
Date of Incident: 22 December 2014
Place of Incident: Letpadaung Copper Mine Project area, Sagaing Region, Myanmar
I am upset to hear that a farmer was killed by the police during peaceful protest. According to the information that I have received on 22 December 2014, Daw Khin Win, 57, was shot to death by the police under command of army officers who were cracking down on a public protest by local people at the site of the Letpadaung copper mine project. Workers for the companies— China’s Wanbao and the Burmese military-owned Union of Myanmar Economic Holding Ltd (UMEHL)—were fencing disputed land. On the day the incident happened, Daw Khin Win went to look after her 7 acres of fields which were confiscated. Several others who were included were also injured.
Around 10am that day, three groups of the companies’ workers started fencing around Saete village in the west, east and north west. The villagers tried to protect their lands as they didn’t accept compensation, so they peacefully protested against them in those three areas. However, their lands and crops were destroyed by bulldozer. During the confrontation between police and villagers, police fired to the villagers by using live bullets. One of the villagers, Daw Khin Win, was shot to death and her body was taken to Salingyi Township Hospital. Others who were injured were afraid to go to hospital because they thought they would be arrested. More and more police were taking places to protect the fencing workers, and the farmers couldn’t do anything at all. Finally, the farmers went back to their villages around 4pm.
The family members of Daw Khin Win opened an inquest case in the Salingyi Township Police Station on December 23. The head of the police station play as a plaintiff on the case No Pa 4/14. The post mortem examination was held in Salingyi hospital two days after the death. It started at 10:30 and finished at 11:05 am with the team of including head of the Monywa district hospital Dr. Nyunt Than, head of the Salingyi Township hospital Dr. Tint Lwin, Monywa district forensic Dr. Tin New, Salingyi township Police Captain U Than Naing and Sub-Inspector Pyae Phyo Thu.
According to the Dr. Tint Lwin, Daw Khin Win lost some part of her brain and skull. The reason of death was because of gunshot; however, he did not mention any information that might identify the kind of gun used or how far from the victim it was fired.
The Salingyi Police Station Commander promised to open a case after an autopsy, however, on 3 January 2015, he didn’t accept the case when the victim’s sister lodged a case against the perpetrators. He took the case file but did not open a case, by saying that he needs higher authorities’ permission.
Also on December 23, around 6am, as the villagers continued to protest and stopped the fencing through the west of Saete village and north part of village, the police shot with rubber bullets, which injured two people. The company continued extension of fencing till evening with the help of 100 police.
According to the Saete villagers, after the conflict with police, the villagers dare not live in their own houses so they moved to their relatives’ places because they are afraid. Moreover, the local authorities have allegedly threatened to burn down the village.
Therefore, I urge the government to investigate the case, prosecute the perpetrators, and seek justice for the villagers. I also urge the government to intervene regarding the land grabbing in Saete and Leikungtaung villages and negotiate with the villagers for their lands. The government of Burma must solve these land problems in a peaceful way and uphold the farmers’ rights to their land. Burma must make these changes if it would like to make a claim of being a democratic and free nation.
Yours Sincerely,
…………………………..
PLEASE SEND YOUR LETTERS TO:
1. Senior General Min Aung Hlaing
Commander-in -Chief of Myanmar Defence Services
Office of the Commender-in-Chief of Defence Services
Government Resident
Naypyitaw
MYANMAR
2. Lt-Gen. Ko Ko
Minister of 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
3. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
4. Thura U Aung Ko
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR
5. U Aung Nyein
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the Amyotha Hluttaw
Naypyitaw
MYANMAR
6. Daw Aung San Suu Kyi
Chairwoman
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR
7. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95 1 659 668
Fax: +95 1 659 668
8. U Tun Tun Oo
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
9. Dr. Tun Shin
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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
