Dear friends,
Last week the Asian Human Rights Commission (AHRC) issued an appeal on the case of two journalists jailed in Burma for trying to help people left homeless after Cyclone Nargis to visit international agencies. In this appeal we bring the case of another journalist jailed in Burma, in his case for taking video of voting at the constitutional referendum lat year. Although he was charged with a completely unrelated offence for which the police could not give any details and of which they had no evidence, a court sentenced him to three years’ jail.
CASE DETAILS:
On 10 May 2008, the day of the referendum on a new army-arranged constitution in Burma, Aung Htun Myint came to see and record proceedings at a polling booth in Hmawbi, a few miles from Rangoon. He had been working as a reporter for the Seven Day news journal, and had with him two video cameras that he was using for that purpose.
However, an on-duty policeman and local council official stopped Aung Htun Myint and accused him of illegally taking footage of the voting and also of damage in the area as a result of Cyclone Nargis a week before. They took him to the local police station and then he was sent to the district security unit.
The police charged him not with anything he was doing in Hmawbi, but with illegally travelling to Thailand in January 2008 for video training. In fact, they had no evidence against him of this charge, which was totally unrelated to his being in Hmawbi. They also took five days to lodge a complaint against him, during which time they held him in illegal detention. The police chief admitted that the district security took him away for the first two days and returned him after that.
In court, the police presented the video cameras and other items that Aung Htun Myint had in his possession at time of arrest as material evidence of his offence. But the video cameras and other items related to his trip were irrelevant to the charge. They also said that it “had emerged” during interrogation that he had gone to Thailand illegally. But, they could give no evidence of this. The police chief could not say what day Aung Htun Myint had supposedly gone, for how long he had stayed or where he had stayed.
In his defence Aung Htun Myint said that just because he had a card with a phone number in Myawaddy, a town adjacent to Thailand, the police had decided that they would accuse him of going to Thailand illegally, and he was tortured in the Western District Police Station of Rangoon to have him confess, but he did not. However, the judge concluded that she found his account unbelievable and sentenced him to three years’ imprisonment.
There are more details of the case in the sample letter below. We kindly request you to sign and send it.
ADDITIONAL INFORMATION:
The AHRC last week issued an appeal on the case of two journalists jailed for trying to assist homeless victims of Cyclone Nargis visit international agencies (AHRC-UAC-033-2009).
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.
For recent updates and news in Burmese, see the new AHRC blog: http://burma.blog.humanrights.asia/
SUGGESTED ACTION:
Please write to the persons listed below to call for the charges against the nine 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, and Rangoon as Yangon.
Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteurs on Myanmar, independence of judges and lawyers, torture, and human rights defenders, as well as 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: Journalist imprisoned because of taking video of cyclone damage
Convicted person: Aung Htun Myint (a.k.a. Aung Aung), 30, freelancer with Seven Day journal, residing in Ward 22, South Dagon Township, Yangon
Primary officials involved:
1. Inspector Min Hsu Oo, Officer No. La/153284, Station Commander, Hmawbi Police Station, Yangon Division
2. Sub Inspector Nyo Tin, Hmawbi Police Station (arresting officer)
3. U Myat Ko Ko, Member, Village Tract Peace and Development Council, Tatgyigone, Hmawbi
4. Security personnel at the Western District Police Station, Yangon Division
Charge and trial: In Hmawbi Township Court, Judge Daw Amar (Special Power) (Judge No. 2274) presiding, decided on 27 August 2008, Felony No. 226/2008, section 13(1), Immigration (Emergency Provisions, Temporary) Act 1947, 3 years’ rigorous imprisonment
I both sorry and puzzled to hear that a journalist who went to document voting in Myanmar’s constitutional referendum last 10 May 2008 has been imprisoned on a completely different charge and call for a prompt review of his case in order that he be released without delay.
According to the information I have been given, Aung Htun Myint came to see and record proceedings at the Tatgyigone polling booth in Hmawbi around 1pm on May 10, for Seven Day news journal, and had with him two video cameras that he was using for that purpose. However, Sub Inspector Nyo Tin and U Myat Ko Ko stopped Aung Htun Myint and accused him of illegally taking footage of the voting and also of damage in the area as a result of Cyclone Nargis a week before. They took him to the township police station and then sent him to the district security at around 5pm, who held him for around two days before returning him to the township police.
The police charged Aung Htun Myint not with anything he was doing in Hmawbi, but with illegally travelling to Thailand in January 2008 for video training. In fact, they had no evidence against him of this charge, which was totally unrelated to his being in Hmawbi. They also took five days to lodge a complaint against him, during which time they held him in illegal detention.
In court, the police presented the video cameras and other items that Aung Htun Myint had in his possession at time of arrest as material evidence of his offence. But the video cameras and other items related to his trip were irrelevant to the charge. They also said that it “had emerged” during interrogation that he had gone to Thailand illegally. But, they could give no evidence of this. Inspector Min Hsu Oo could not say what day Aung Htun Myint had supposedly gone, for how long he had stayed or where he had stayed.
In his defence Aung Htun Myint said that just because he had a card with a phone number in Myawaddy, a town adjacent to Thailand, the police had decided that they would accuse him of going to Thailand illegally, and he was tortured in the Western District Police Station of Rangoon to have him confess, but he did not. However, Judge Daw Amar concluded that she found his account unbelievable and sentenced him to three years’ imprisonment, even though there was no reasoning or proper explanation for the sentence.
In view of the 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 accused released without delay. I also call for the responsible authorities to review the performance of the Hmawbi Law Office, Hmawbi Township Police and Judge Amar respectively in light of the many errors and flaws in this case.
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 prisons to ensure that detainees like Aung Htun Myint and others are held in sanitary and humane conditions.
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)
