Dear friends,
The Asian Human Rights Commission (AHRC) wishes to draw to your attention the case of a young man in Burma who has been sentenced to 10 years in jail for allegedly sending some politically oriented photographs through the Internet. Aside from the trivial nature of the offence and the fact that the police had no evidence against him, he was tried and convicted twice for the same offence, which is contrary to the law in Burma. He also was held illegally without charge and allegedly tortured to obtain a confession.
CASE NARRATIVE:
On 25 April 2010 a police officer came to find 22-year old Kaung Myat Hlaing and asked him to go to the Rangoon divisional police headquarters to answer some questions for a short time. The young man did not return home. Instead he was kept in custody at the headquarters for nine days and at first questioned in connection with a bombing at a traditional festival a few days earlier. During this time he was kept without being fed or being allowed to sleep, and was allegedly tortured.
Later, the police did not charge Kaung Myat Hlaing over the bombing, but instead of releasing him they accused him of having sent material that was threatening to the state through the Internet. They alleged that in March 2009 he received some photographs of political prisoners, including Daw Aung San Suu Kyi who was then still under detention, via email. He then printed and stuck some pictures to a signboard of the government-organized Union Solidarity and Development Association in South Dagon Township, Yangon, and took photos of the signboard, which he sent to via email back to persons abroad.
For this so-called crime, for which the police presented no firm evidence in court, Kaung Myat Hlaing received not one but two sentences: one of two years for upsetting public tranquility, and one of 10 years for unlawful use of the Internet. In fact, the two charges were for exactly the same alleged offences, and therefore they are in violation of the law in Burma because it is not legal to try and sentence a person for the same offence twice. The police also did not appear to get the required approval for the charge of unlawful Internet use under the Electronic Transactions Law
Further details of the case are in the sample letter below, as usual.
BACKGROUND INFORMATION:
The AHRC has in recent years issued many appeals on cases similar to that of Kaung Myat Hlaing in which persons have been imprisoned on evidence-less cases for trivial alleged offences. See for instance: AHRC-UAC-028-2011, AHRC-UAC-013-2011, and AHRC-UAC-005-2011 .
It has also issued many appeals in recent times in which persons detained at the police headquarters in Rangoon have alleged torture by officers of the intelligence unit there. Among these is the case of Phyo Wai Aung, who was charged in connection with the bombings over which Kaung Myat Hlaing was questioned, and on whose case the AHRC has established a special campaign page: http://www.humanrights.asia/campaigns/phyo-wai-aung
For more commentary on these and other human rights issues in Burma, visit the Burma page on the new AHRC website: http://www.humanrights.asia/countries/burma
The AHRC Burmese-language blog
is also updated constantly for Burmese-language readers, and covers the contents of urgent appeal cases, related news, and special analysis pieces.
REQUESTED ACTION:
Please write to the persons listed below to call for the release of Kaung Myat Hlaing and for the revocation of the Electronic Transactions Law. Please note that for the purposes of the letter Burma is referred to by its official name, Myanmar, and Rangoon as Yangon.
Please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on Myanmar, on torture, and on the independence of judges and lawyers; to the UN Working Group on Arbitrary Detention, and to 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: Man gets ten years’ imprisonment for emailing photos of political prisoners
Details of accused: Kaung Myat Hlaing, 22, resident of Ward 56, Dagon New Township (Southern)
Police officers involved:
1. Sub Inspector Zaw Naing [complainant in 33(b) case], Yangon Division Police Headquarters, Intelligence (Foreign) Unit
2. Sub-Inspector Kyaw Htun (Serial No. La/155729), Yangon Division Police HQ, Intelligence (Foreign) Unit [complainant in 505(b) case]
3. Inspector Thingi Myint, Yangon Division Police HQ
4. Sub Inspector Win Hsan (Serial No. La/203554), Yangon Division Police HQ, Intelligence (Foreign) Unit
5. Police Sergeant Aung Win Naing, Yangon Division Police HQ, Intelligence (Foreign) Unit
6. Inspector Kyaw Hsan Htay, station commander
7. Warrant Officer Maung Maung Soe, Yangon Division Police HQ, Intelligence (Foreign) Unit
Cases and sentences:
1. Criminal Case No. 110/2010, Yangon Eastern District Court, charged under section 33(b) of the Electronic Transactions Law, 2004, sentenced to 10 years in prison on 2 February 2011, Judge U Aung Thein (Serial No. Ta/2250, Deputy District Judge-5) presiding
2. Criminal Case No. 720/2010, Dagon New Township (Southern) Court, under section 505(b) of the Penal Code, sentenced to two years in prison, Judge Daw Khin Htay Win (Serial No. Ta/1096) presiding
I am deeply disturbed by news that a young man has been sentenced to over a decade in prison for nothing more than allegedly sending some photographs through the email, and I urge that his case be reviewed and that he be released at the earliest possible opportunity.
According to the information that I have received, police investigators allege that Kaung Myat Hlaing in March 2009 received some photographs of political prisoners, including Daw Aung San Suu Kyi who was then still under detention, via email. He then printed and stuck some pictures to a signboard of the government-organized Union Solidarity and Development Association in South Dagon Township, Yangon, and took photos of the signboard, which he sent to via email back to persons abroad.
I am astounded that for this trivial act a court has sentenced him to ten years in jail for allegedly damaging the state’s reputation. The sheer absurdity of a 10-year sentence for this act alone is one thing; the fact that the conviction constituted a breach of domestic Myanmar law is another. A court had already convicted Kaung Myat Hlaing under section 505(b) of the Penal Code for exactly the same alleged offence, and consequently, the conviction under the Electronic Transactions Law amounted to double jeopardy and is illegal (as per section 22 of the Interpretation of Expressions Law, 1973). Additionally, for any prosecution under the Electronic Transactions Law to proceed, the central body established under chapter IV of the law, headed by the communications minister, must first give its approval (section 44). However, the police in this case submitted no evidence to the court that they followed the procedure of the law and obtained that approval.
Furthermore, I am informed that Kaung Myat Hlaing was illegally arrested and detained in the first instance. When a police officer came to see him at around 6pm on 25 April 2010, he allegedly told the accused man that he was only wanted to ask some questions for a short while. After going with the policeman, he was instead detained for nine days straight at the Yangon Divisional Police HQ without being brought before a judge, in violation of the Criminal Procedure Code. During this time he was questioned in relation to the bomb blasts at the lunar New Year festival held that month, was not fed and not allowed to sleep. The police allegedly tortured him and forced him to sign and put his thumbprint on documents in confession. The purported evidence that was brought against him also consisted of fabricated documents that according to the accused were not from his Gmail account and which lacked Gmail logos and other features that would identify them accordingly.
Accordingly, in addition to calling for the release of Kaung Myat Hlaing from prison, I urge that an inquiry be conducted into the police handling this case. In fact, I am aware of many cases of alleged illegal detention and torture at the hands of the intelligence unit in the Yangon Divisional Police HQ in recent years, and have reason to believe that these practices are deeply imbedded and systemic at the headquarters.
I also take this opportunity to call for the new parliament sitting in Myanmar to repeal the Electronic Transactions Law, which is so draconian and ambiguous in its contents that it prohibits the possibility of basic freedoms of expression through use of the Internet ever being enjoyed so long as it remains in effect. For instance, I note that the so-called “offence” for which Kaung Myat Hlaing was convicted under section 33(b) is described in the law as the use of electronic transactions technology to receive, send or distribute “any information relating to secrets of the security of the State or prevalence of law and order or community peace and tranquillity or national solidarity of national economy or national culture”. Obviously, this section has been written so as to be so broad and so ambiguous that literally any user of the Internet could be found to have breached its provisions at one time or another, as have many others in the same law. I therefore call for the revocation of this law as repugnant to international human rights standards at the earliest possible opportunity.
Lastly, I urge the government of Myanmar to allow the International Committee of the Red Cross access to prisons in its country in accordance with its globally recognized mandate without any further delay.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. U Hla Min
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. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
3. 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
4. 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
5. U Kyaw Kyaw Htun
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 (AHRC) (ua@ahrc.asia)
